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In October 2015, the Prime Minister commissioned Lord Strathclyde to lead a short review. The review examined how to secure the decisive role of the elected House of Commons in relation to its primacy on financial matters and secondary legislation. Lord Strathclyde’s report lists 3 options for providing the House of Commons with a decisive role on statutory instruments and makes recommendations to the government.
Following a defeat in the House of Lords on the Draft Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015, the Government asked Lord Strathclyde to examine how the Government might "secure their business in Parliament" and to consider how to ensure "the decisive role of the elected House of Commons in relation to its primacy on financial matters, and secondary legislation". There are indeed serious problems with the current system of delegated legislation that must be addressed. But by tasking Lord Strathclyde to consider the balance of power between the two Houses of Parliament, it seems to us that the Government focused his Review on the wrong questions. It consequently addressed the wrong issues. We believe that the more serious concerns arising from the delegated legislation process are rooted in the relationship between Parliament and the Executive. For that reason our report examines not only the options considered by the Strathclyde Review, but wider issues relating to the delegated legislation process that were outside the remit of that Review. Successive governments have proposed primary legislation containing broad and poorly-defined delegated powers, including Henry VIII powers, that give wide discretion to ministers - often with few indications as to how those powers should be used. This Committee and others have noted a trend whereby delegated legislation has increasingly been used to address issues of policy and principle, rather than to manage administrative and technical changes.
Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence
This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.