evaluation of delegated legislation

• what is delegated legislation?

  When parliament delegates the power to make the law, but to other parties- who are usually directly accountable to parliament
• how is power given when delegating legislation?

  via an enabling act
• what are examples of enabling acts?

  The access to justice act 1999 + The disability discrimination act 1995
• What did the access to justice act 1999 do?

  It gave the lord chancellor wide powers to alter legal funding
• what did the disability discrimination act 1995 do?

  It gave the secretary of state powers to make regulations on points such as discrimination in the work place
• Why is the fact that Dls save parlimentry time an advantage?

  On average a Bill can take 7 months to get through the stages. Parliament therefore does not have the time to pass all the law needed. Means that parliament time can be focussed on broad policy, rather than detailed policy
• What is an example of parliamentry time being saved being an example of DL being an advantage?

  The motor cycles protective helmets regulations 1998- the secretary of state for the environment and transport specified what type of headgear is needed for a motorcyclist.
• why is the fact technical expoertise can be used where needed an example of why DLs are advantageous?

  Parliament does not always have the legal or specialist knowledge required for the finer details involved in each law. DL allows them toleave such detail to the experts in the field
• What is an example of technical expertise being advantageous of DLs?

  The Cableway Installation Regulations 2004 made by the Transport Minister required detailed technical knowledge of cable cars, drag lifts and ski lifts. DL can impose requirement for consultation with those who have relevant knowledge. For some laws ministers can benefit from consultation with experts.
• why is the flexibility of DLs considered advantageous?

  DL allows parliament the flexibility to make law quickly when the need arises without the need to go through all the formal stages.
• why is delegated legislation considered partly undemocratic?

  DLs remove law making from the Commons

  Key decisions are made by people who are not elected

  SIs are drafted by non elected civil servants and are "rubber stamped" by ministers

  Orders in council are made by the non elected privy council
• what is a major issue with the scrutiny of DLs?

  The controls are not very effective

  Not all SIs are reviewed by the government

  Judicial controls rely on someone challenging the DL

  Some DL bodies may act ultra vires without being scrutinised
• What problem can arise from sub delegation in delegated legislation?

  Ministers with large workloads may delegate their powers to civil servants, thus diluting accountability and transparency in the law making process
• Why may the public be unaware of delegated legislations?

  DLs lack publicity, planning and discussions take place in prvate. Unlike public debates in the commons, DLs do not recieve the same amount of visibility. There is a large volument of DLs passed anually, approx 3000, making it hard to track.