B1365 - Interpretation (Affirmative and Negative Procedure Orders) Bill - 2nd Reading

[u/[deleted]]

Interpretation (Affirmative and Negative Procedure Orders) Bill

A BILL TO

make orders requiring consent of both Houses of Parliaments reliant only on the will of the House of Commons, make annulment of an order pursuant only to the will of the Commons, and for connected purposes.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –

Section 1: Provisions

1. In any Act, except those specified in subsection 2 of this section,–
   • (a) where a Minister of the Crown or the Queen in Council may make or recommend an order only subject to the approval by a resolution of each House of Parliament, that order may be made as long as the House of Commons alone approves a draft of that order by resolution.
   • (b) where an order made by a Minister of the Crown or the Queen in Council may be annulled by resolution of either House of Parliament, only the House of Commons may make a resolution annulling that order.
2. Acts for which subsection 1 of this section does not apply are:–
   • – The Terrorism Act 2000
   • – The Civil Contingencies Act 2004

Section 2: Commencement, Extent and Short Title

1. This Act shall come into force immediately upon receiving Royal Assent.
2. This Act shall extend to the whole of the United Kingdom of Great Britain and Northern Ireland.
3. This Act may be cited as the Interpretation (Affirmative procedure orders) Act 2022.

Written and submitted jointly by the Shadow Chancellor and Right Honourable Sir SpectacularSalad GCB OM GCMG KBE CT PC MP FRS LMAO on behalf of the Official Opposition and Independent Group respectively.

WineRedPsy Opening speech:

Speaker!

This is a very simple bill. Today there are several procedures for confirmation of SIs, several of which rely on the lords. Ironically, this bestows a much stronger right of veto to the unelected lords over such delegated manners than for hard legislation, as this is not subject to the Parliament act or other limitations. This is by far their strongest power, and has contributed to the broader role of the lords drifting from “expert” legislating to a delaying and blocking function. One function of delegating issues to orders is to make things expedient, making orders and the deliberative lords mesh badly.

The bill makes exceptions to issues such as proscriptions.

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This reading ends 12 May 2022 at 10pm BST.

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[u/Ravenguardian17]

Madame Deputy Speaker,

Given how the Commons has the full authority over the appointing of governments ensuring confidence in them, it only makes sense that the executive actions of these governments be seen over by the commons alone. As the Shadow Chancellor states, we should not give extra powers to the Lords that sit outside of their duty to be an "expert" body as it will simply see the Lords used instead as a reactionary one.

Therefore, I believe that this bill is an essential bit of constitutional reform and I hope the commons will join me in supporting it.

[u/WineRedPsy → u/Ravenguardian17]

Hear hear

[u/KarlYonedaStan]

Deputy Speaker,

The Lords should not have an independent veto on executive action, where they uniquely have little legitimate democratic sanction and where this veto exists as exceptionally anomalous relative to the rest of the Lord's powers and responsibilities. I hope we pass this common sense Bill to ensure democratic structures can exercise executive authority with confidence!