Devolved but denied? Regulations and consent beyond Westminster

Events / Webinars

Devolved but denied? Regulations and consent beyond Westminster

29 Sep 2022

Are the devolved legislatures being denied control over regulations on devolved matters that are made by Ministers in Whitehall? In this webinar, parliamentarians and legal experts from across the UK discussed the role of devolved institutions in the development and approval of UK regulations made by Statutory Instrument (SIs).

Online webinar [CLOSED] 1:00pm, 29 September 2022

Watch in full

Full video recording from Zoom of 'Devolved but denied? Regulations and consent beyond Westminster', held on 29 September 2022

About this event

There are a growing number of powers on the statute book that allow UK Government Ministers to make regulations in areas of devolved competence, such as healthcare and education. Are the devolved legislatures being denied control over regulations on devolved matters that are made in Whitehall? Is there a risk of a widening ‘democratic deficit’? Or are these powers simply required for more effective and efficient government?

Brexit and contested views over the role of Legislative Consent Motions (LCMs) - the mechanism by which the UK's devolved administrations consent to law created by the Westminster Parliament on matters that are normally devolved - have brought to the fore the question of how the various executives and legislatures across the UK can better co-ordinate and co-operate. It is crucial that mechanisms to involve the devolved institutions in UK delegated law-making within their areas are fit for purpose.

At this event, parliamentarians and legal experts from across the UK discussed the role devolved institutions play in the development and approval of UK Statutory Instruments within their areas of devolved policy.

Key questions

Are the devolved administrations being denied control over regulations on devolved matters that are made by Ministers in Whitehall?
When is it appropriate for devolved executives to rely on UK Government regulations and SIs?
What function do the devolved legislatures play in the approval of UK SIs that engage their competences?
What changes would help ensure that devolved legislatures have the appropriate degree of information about and control over relevant UK Statutory Instruments?

Speakers

Michael P Clancy OBE, WS Director of Law Reform, Law Society of Scotland

Huw Irranca-Davies MS / @huw4ogmore Chair of the Senedd Legislation, Justice and Constitution Committee and formerly MP for Ogmore

Stephen Farry MP / @StephenFarryMP Deputy Leader of the Alliance Party and formerly MLA for North Down

Chair: Dr Ruth Fox Director of the Hansard Society

Who funds this work?

This work is supported by the Legal Education Foundation as part of the Hansard Society's Delegated Legislation Review.

Latest / Highlights

News / Will Parliament pay a price for promises to WASPI women? - Parliament Matters podcast, Episode 61

As Christmas approaches, Westminster eases into its pre-festive lull. Yet, a major political storm clouds the year’s end: the fallout from the Government’s decision not to compensate the WASPI women. This controversy highlights a recurring dilemma in politics—the risks of opposition parties over-promising and the inevitable backlash when those promises confront the harsh realities of governing. And as a seasonal stocking filler, Ruth and Mark talk to the authors of two fascinating books that uncover hidden aspects of parliamentary history.

News / Parliament Matters Bulletin: What's coming up in Parliament this week? 16-20 December 2024

MPs will review five bills, including the Water (Special Measures) Bill, and debate two e-petitions on Israel and Palestine, including one on halting arms exports to Israel which may raise sub judice concerns. Six Select Committees will see membership changes following front bench reshuffles, and Peers will consider proposals for four new inquiry committees for 2025. The Defence Committee Chair will raise concerns about poor service accommodation, while Angela Rayner, Yvette Cooper, Shabana Mahmood, Wes Streeting and Michael Gove face Select Committees.

Briefings / The Assisted Dying Bill: A guide to the Private Member's Bill process

This briefing explains what to watch for during the Second Reading debate of the Terminally Ill Adults (End of Life) Bill on 29 November. It outlines the procedural and legislative issues that will come into play: the role of the Chair in managing the debate and how procedures such as the 'closure' and 'reasoned amendments' work. It looks ahead to the Committee and Report stage procedures that will apply if the Bill progresses beyond Second Reading. It also examines the government's responsibilities, such as providing a money resolution for the Bill and preparing an Impact Assessment, while addressing broader concerns about the adequacy of Private Members’ Bill procedures for scrutinising controversial issues.

News / Licence to scrutinise: spooks, hereditary peers and assisted dying - Parliament Matters podcast, Episode 60

In this week’s episode the ‘assisted dying’ bill takes centre stage as the newly chosen members of the Public Bill Committee gear up for detailed scrutiny of the legislation. With 23 members, including two ministers, this committee promises a mix of seasoned voices and first-time MPs debating a very difficult issue. We are joined by Hansard Society researcher, Matthew England, who breaks down the committee’s composition, party balance, and the strategic dynamics that will influence the bill’s trajectory.

News / How a British student has schooled the US Congress - Parliament Matters podcast, Episode 58

In this special episode, we dive into the fascinating world of US congressional procedure with Hansard Society member Kacper Surdy, the once-anonymous force behind the influential social media account @ringwiss. Despite being a 20-year-old Durham University student, Kacper has become a go-to authority on Capitol Hill’s intricate rules, earning the admiration of seasoned political insiders. With Donald Trump hinting at bypassing Senate norms to appoint controversial figures to his cabinet, Kacper unravels the high stakes procedural battles shaping Washington.