Closing Loopholes, Supporting Scrutiny
18th May
Alan Whitehead, MP for Southampton Test, yesterday closed a potentially dangerous loophole in the Legislative and Regulatory Reform Bill.
The Bill has attracted much attention for its contentious nature, with criticisms being aired by MPs from all parties and from civil liberties groups. The Public Administration Committee, a powerful panel of MPs, had said the powers were "entirely disproportionate" and demanded "real restrictions" to be included.
The Regulatory Reform Bill's aim was to give ministers a fast-track procedure to repeal, amend or replace laws without the need to go through lengthy Parliamentary procedures and thereby cutting red-tape. However, many critics saw that the Bill could have allowed governments to scrap fundamental rights such as trial by jury or the Magna Carta. That is, the Bill would have allowed MPs to change the law without approval from parliament - the biggest loophole being that despite amendments to limit what could be amended or repealed there was no provision to stop the Bill itself being altered. This in effect meant that the safeguards put in the Bill to prevent it from changing anything substantial could then be taken out when it became an Act, effectively then allowing governments to pass laws without parliament's consent.
Dr Whitehead recognised this possibility where the Bill could in fact change or amend itself and therefore tabled an amendment:
'Nothing in this Act shall authorise the making of an order that amends this Act' This new clause was accepted by the government and therefore ensures that the safeguards that have been added into the Bill to prevent any substantial changes to legislation being made without parliamentary consent cannot be removed.
Dr Whitehead said:
'It was baffling that this dangerous loophole had not been identified before - I am therefore very pleased that my amendment was accepted and incorporated into the Bill. This will ensure the Bill is only used for the purpose that it was intended to - to amend, replace or repeal outdated and . laws - and not be used as a route to bypass parliament and the scrutiny imposed on legislation by MPs.'