§ Norman BakerTo ask the Leader of the House if he will propose a change to the standing orders of the House to make provision for statutory instruments to be amended; and if he will make a statement. [175551]
§ Mr. HainA change to the standing orders of the House would not be sufficient to allow amendment of statutory instruments: an amendment of each enabling power would be needed.
In its 1996 report on Delegated Legislation, the Procedure Committee considered whether statutory instruments should be made amendable and recommended against, on the grounds that it would involve excessive complication, run directly counter to the past intentions of Parliament and would frustrate the very purpose for which delegated powers were given.
Very little legislation currently in force allows for secondary legislation to be amended. An exception is proposed to be made in respect of emergency regulations under the current Civil Contingencies Bill. 1300W This reflects the exceptionally broad scope of the delegated powers conferred by the Bill and the circumstances in which those powers are likely to be exercised. A similar exception is made in the Emergency Powers Act 1920, which the Bill supersedes.