ABSTRACT

The majority of Bills will be those put forward by the government to implement its policy. While fast-track legislation is necessary on occasion, it gives rise to constitutional questions, not least the ability of Parliament as a whole to give adequate scrutiny to government proposals. In 1972, Parliament's Joint Committee on Delegated Legislation described subordinate legislation as covering 'every exercise of power to legislate conferred by or under an Act of Parliament'. The committee's report, while recognising the need for improved parliamentary scrutiny of delegated legislation, nevertheless emphasised its necessity in terms of legislative efficiency. The SLSC considers the merits of SIs and reports to the House on any which are legally or politically important, or which raise issues of public policy, or are in some way an inappropriate use of delegated legislation. The Committee recommended that a Joint Committee should be established to undertake an in-depth examination of the scrutiny of delegated legislation.