Presently your government is distracting you and the media with the exciting 'bright shiny things' of the smoking ban and ID cards.
These simple to grasp issues with marginal controversy give every idiot who has an opinion the opportunity to wax lyrical about whatever irrational nonsense they choose.
Meanwhile there is a far more complicated, far less 'sexy sounding' bill before parliament.
A far more dangerous and a far more destructive proposition.
The Legislative and Regulatory Reform Bill (found here:
http://www.publications.parliament.uk/pa/cm200506/cmbills/111/06111.1-4.html#j001 )
This is described as:
"A Bill To enable provision to be made for the purpose of reforming legislation and plementing recommendations of the Law Commission, the Scottish Law Commission and the Northern Ireland Law Commission; to make provision about the exercise of regulatory functions; to make provision about the interpretation of legislation relating to the European Communities and the European Economic Area; to make provision relating to section 2(2) of the European Communities Act 1972; and for connected purposes. "
Sounds pretty innocuous doesn't it?
Well let's see if it is:
1 Purpose
(1) A Minister of the Crown may by order make provision for either or both of the following
purposes?
(a) reforming legislation;
(b) implementing recommendations of any one or more of the United Kingdom
Law Commissions, with or without changes.
Now this ought to be pretty clear to understand. This is a new power entitling a minister to make orders but what will these orders involve???
2 Provision
(1) An order under section 1 may for either purpose specified in subsection (1) of
that section make provision amending, repealing or replacing any legislation.
(2) Provision under subsection (1) may amend, repeal or replace legislation in any
way that an Act might, and in particular may amend, repeal or replace
legislation so as to?
Previous to this bill the power to do this amending, repealing or replacing of any legislation was held by Parliament
ALONE
Now that is Parliament in the sense of the Queen in parliament, both the House of Commons and the House of Lords agreeing by majority vote and the Queen consenting to sign the Act.
The list of powers the minister recieves is found in the remainder of section 2 (follow the link). I've not included it in order to shorten the post.
However this list is extensive and covers pretty much every power that parliament has. The telling phrase is "may bind the Crown". This means ministers acting alone
without the need for a debate or vote in Parliament may create laws by order.
For examplethere is a provision in the terrorism act which states detention without charge can not last longer than 28 days. If this bill comes into force a minister may simply 'amend' that section to read 90 days, or 1000.
Now you might think that there ought to be control on ministers (who are not appointed by the people) when they utilise these powers.
These are found in section 3.
"A Minister may not make an order under section 1... unless he considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision."
So the control mechanism on the minister's action are
THE MINISTER HIMSELF
There are 3 specific areas where the minister is not given the divine right of kings and these are:
s. 5. - Taxation - The minister can't change taxes.
s. 6. - Criminal Penalties - The minister can not create new crimes or amend old crimes that have a penalty of
over two years imprisonment. But he can create new crimes or amend old crimes so that the term of imprisonment is upto 1 year and 364 days.
s. 7. - Forcible entry - The minister can't change or create a law giving right of forcible entry or compelling the giving of evidence, unless: 1)The change is
"similar to those to which the power applied before the order was made." or 2)The change is recommended by a Law commission.
There is a final condition on ministers, their change like all delegated legislation must (s. 4) go before both houses for a formal vote as a Statutory instrument.
Now Statutory Instruments are tabled in the House 'en masse'. Several thousand can be passed in a year, no parliamentary time is given to debate statutory instruments. They are administrative documents. They are not scrutinised. They are block voted on and hardly any MP's even bother to attend the voting.
Now you may all think that this bill will make Parliament redundent while creating an oligarchy of ministers who have the power to make any laws and do whatever the hell they like.
If you do think this you are not alone.
