Why is the government seeking the power to pass far-reaching laws without parliament's approval?

Marcel Berlins
Wednesday February 15, 2006
The Guardian


 

Some have called it the Henry VIII bill; one MP thought Stalin would be a more appropriate dictator to put his name to it. A leading academic refers to it as the "abolition of parliament bill". You get the point. The bill's real title is bland and boring to the point of soporific, which may be why it hasn't been much noticed; but underneath the benign facade of the legislative and regulatory reform bill lurks a machinery that would give the government the power to pass far-reaching laws without the bother of getting the approval of parliament.

 

On the surface, the bill is aimed at removing regulatory burdens on business by using short-cut procedures which wouldn't require parliamentary debate. The same process would also put into law uncontroversial recommendations by Britain's law commissions, the government's legal thinktanks. All that seems not only reasonable, but positively helpful to the efficiency of law-making. But look again, and Henry VIII comes into the picture. What the government has inserted into the bill is a way of allowing laws to be passed by a minister's order, which bypasses parliament altogether.

Well, so what? We're only talking about minor, technical laws which don't raise any controversial issues, aren't we? No, we emphatically are not. Try this one. It will become possible for the government, by ministerial order, without a debate in parliament, to create new criminal offences, punishable with less than two years imprisonment. It could also, according to Cambridge law professor John Spencer (who is not alone in his analysis), introduce house-arrest, give the police stronger powers of arrest and interrogation, set up new courts, and in effect re-write the rules on immigration, nationality, divorce, inheritance and the appointment of judges. Yes, there are safeguards written into the bill supposedly to prevent this sort of dictatorial behaviour, but my experience of safeguards is that they look better on the page than they perform in practice.

OK, you say, the government may have the legal power to do all those things, but is it seriously being suggested that it will really use such methods to pass laws it doesn't feel like putting to parliament? On the whole, no - and yet, in our current overcharged political climate, it is not too fanciful to imagine the government using every procedural trick to impose laws on the quiet, rather than face a parliamentary storm.

What bothers me most is that the government wants these powers in the first place. They are constitutionally dangerous, giving to the executive what should be a function of the legislature. And they are unnecessary. It would not have been difficult to achieve the bill's admirable, limited objectives without arming ministers with such questionable, wide-ranging powers. So why is the government so insistent on keeping the Henry VIII provisions if it doesn't intend on using them?

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