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Having looked at the Draft Deregulation Bill in some detail and taken evidence from a wide range of witnesses, the Committee does not think it is appropriate for Ministers to be given power to scrap legislation by order on the subjective test that it is 'no longer of practical use'. There is a risk that to give Ministers that power would undermine effective Parliamentary scrutiny. It was also felt unnecessary when the Law Commissions currently have the power to put forward outdated Bills for abolition anyway. The Law Commissions will need to make changes to their working practices in order to produce more frequent and more responsive Statute Law (Repeals) Bills. The Government should work with the Law Commissions to streamline the process for bringing forward these Bills. As for the duty on regulators to have regard to economic growth, whilst this is supported in principle, it is important that it is not used by Government to undermine the independence of regulators in the way it is implemented. It might be helpful if that provision were explicitly included in the Bill
The Legislative and Regulatory Reform Bill contains provisions to increase the scope of regulatory reform powers (following a review undertaken by the Better Regulation Task Force) in order to tackle red tape and unnecessary regulatory burdens, building on the powers of the Regulatory Reform Act 2001. The Committee examines the provisions of the Bill as brought to the Lords in May 2006 (HLB 109, session 2005-06; ISBN 0108422399) which it finds to have been changed significantly since the Bill was first introduced into the Commons in January 2006. Although the Committee finds that the Bill proposes the greatest delegation of power to Ministers that it has seen, it does not find the regulatory reform provisions inappropriate, although it questions whether the 2001 Act could not itself have been amended. The provisions relating to consolidation, simplification and implementation of Law Commission recommendations are found to be unsuitable for delivery by delegated legislation and it is suggested that primary legislation subject to special procedure would be a better option to legislate for such purposes.
This is the Commitee's scrutiny of the draft Apprenticeships Bill which was published on 16 July 2008. While putting much of the current arrangements for apprenticeships onto a statutory basis, the draft Bill provides greater flexibility to allow employers to design and bring forward for approval their own apprenticeship frameworks. The extent of this flexibility was not clear as a key document, the specification of apprenticeship standards, which will determine the core components of frameworks was not published with the draft Bill. Nor did the Government set out in detail how the National Apprenticeship Service would be resourced or organised, or how the legislation would apply in Wales. These as key omissions impeded the scrutiny process. With this in mind it was concluded that in general the legislation is justified because it has the potential to strengthen the structure for apprenticeshipsin England. However there was a major concern of volume at the expense of quality.The Government must ensure that the draft Bill is re-written to promote, monitor and report on the quality of apprenticeships. Without provisions underpinning quality, the legislation risks the devaluation of apprenticeships, and employers, parents and young people as well as adults will cease to see apprenticeships as a progressive route through to a future career.
Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence
This report, from the Select Committee on Modernisation of the House of Commons, presents the first inquiry into the Governance of Britain, all issued as Command Papers and published in 2007: (Cm. 7170, ISBN 9780101717021; Cm. 7175, ISBN 9780101717526; Cm. 7192, ISBN 9780101719223; Cm. 7210, ISBN 9780101721028; Cm. 7231, ISBN 9780101723121; Cm. 7235, ISBN 9780101723527; Cm. 7239, ISBN 9780101723923). It considers Parliament's role in scrutinising the proposed legislative programme, including arrangements for publication and debate as well as wider consultative strategies. The Committee has set out a number of conclusions and recommendations, including: the Committee believes that the use of plain English in the Draft Legislative Programme is to be commended, and the Government should consider extending the approach to programmed Bills on a trial basis; that the Government's main non-legislative plans should be included in the Draft Legislative Programme, alongside the list of proposed bills, in order that a full programme of government is available for scrutiny; that there is a benefit to be derived from the presentation of the Government's legislative programme as a whole and that the Draft Legislative Programme should be published earlier in the year, preferably before Easter, so that select committee scrutiny and public consultation can be carried out more effectively; that the Draft Legislative Programme should be the subject of a separate debate in Parliament.
Dated November 2015. Print and web pdfs available at https://www.gov.uk/government/publications Web ISBN=9781474125666
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).