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This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).
To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.
To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.
Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence
Transparency in government operations is widely regarded as an important precondition for macroeconomic fiscal sustainability, good governance, and overall fiscal rectitude. Notably, the Interim Committee, at its April and September 1996 meetings, stressed the need for greater fiscal transparency. Prompted by these concerns, this paper represents a first attempt to address many of the aspects of transparency in government operations. It provides an overview of major issues in fiscal transparency and examines the IMF's role in promoting transparency in government operations.
The Commission's report examines the options for ensuring adequate post-legislative scrutiny of Acts of Parliament, in the light of the recommendation of the House of Lords Select Committee on the Constitution (in their 14th report, HCP 173-I, session 2003-04; ISBN 0104005416). The main focus of the report is on primary legislation, but it also considers delegated legislation and European legislation. Issues discussed include: existing forms and benefits of post-legislative scrutiny in the UK Parliament and in other jurisdictions (including Canada, Australia, Germany, France and the EU); the experience of pre-legislative scrutiny; and options for post-legislative scrutiny mechanisms. A number of consultation questions are given, and responses should be received by 28th April 2006.
Some former Ministers and senior civil servants argue that Freedom of Information (FOI) is having a 'chilling effect' on policy discussion at the heart of government. The Committee recognised there could be a problem--at least of perception. However the existing provisions of the Act could be used more effectively, including use of the ministerial veto to ensure a "safe space" for high-level policy discussions. The number of FOI requests is growing and some witnesses suggested introducing fees for FOI. However, while FOI imposes costs, it also creates savings when the inappropriate use of public funds is uncovered - or where fear of disclosure prevents the waste of public money. Setting fees could deter requests with a strong public interest and therefore defeat the purposes of the Act. Fees introduced purely for commercial and media organisations could also be circumvented. The MPs recommended: higher fines should be imposed for destruction of information or data and the time limit should be removed on prosecution of these offences; the law should be amended to protect universities from having to disclose research and data before the research has been published; all public bodies subject to the Act should be required to publish data on the timeliness of their response to freedom of information requests; the right to access information must not be undermined by the increased use of private providers in delivering public services and contracts for private providers should be explicit and enforceable in stipulating FOI obligations; where public authorities publish disclosure logs, the names of those requesting information should be included
There is growing recognition of the need for new approaches to the ways in which donors support accountability, but no broad agreement on what changed practice looks like. This publication aims to provide more clarity on the emerging practice.
This memorandum provides a preliminary assessment of the Climate Change Act 2008 ch. 27 (ISBN 9780105427087) The Act aims to create a legislative framework for the effective management and delivery of policies to tackle climate change, in particular by: a). establishing an economically credible emissions reduction pathway to 2050, by putting into statute medium and long-term targets and a system of carbon budgets; b). providing greater clarity and predictability for industry to plan effectively for, and invest in, a low-carbon economy; c). providing a strong evidence base and expertise to underpin statutory targets; d). establishing a duty on the Government regularly to assess the risks to the UK from climate change and draw up a programme to address them; and e. creating a power for the Government to require a range of public authorities or statutory bodies to assess and address the impacts of climate change. The memorandum concludes that the Act has created an effective legislative framework and is structured to provide a degree of flexibility, setting a framework to motivate and enable policy action without being too prescriptive about how the framework should be applied. This is required to address the inherent unpredictability around future emissions projections and to ensure that mitigation is not unnecessarily costly. In this vein, the Climate Change Act allows for a carbon budget level to be amended if it appears to Government that there have been significant changes affecting the basis on which the previous decision was made