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Author | : Great Britain. Parliament. House of Commons. Office of the Leader of the House of Commons |
Publisher | : The Stationery Office |
Total Pages | : 28 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9780101732024 |
Download Post-legislative Scrutiny - the Government's Approach Book in PDF, ePub and Kindle
This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).
Author | : Franklin de Vrieze |
Publisher | : Routledge |
Total Pages | : 220 |
Release | : 2020-12-18 |
Genre | : Political Science |
ISBN | : 1000326292 |
Download Parliaments and Post-Legislative Scrutiny Book in PDF, ePub and Kindle
To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.
Author | : Great Britain: Law Commission |
Publisher | : Stationery Office |
Total Pages | : 61 |
Release | : 2006-10-25 |
Genre | : Law |
ISBN | : 9780101694520 |
Download Post-legislative scrutiny Book in PDF, ePub and Kindle
Following on from a report by the House of Lords Select Committee on the Constitution (HCP 173-I, session 2003-04; ISBN 0104005416), published in October 2004, and a Law Commission consultation paper (Consultation Paper no. 178; ISBN 0117302635), published in January 2006, this report examines the options for ensuring effective post-legislative scrutiny of legislation. This refers to mechanisms which seek to review the effects of laws in operation in order to analyse how effectively the intended policy objectives have been met, to ensure better regulation and to identify good practice. The report notes that there is overwhelming support for the principle that there should be a more systematic approach to post-legislative scrutiny and that such scrutiny should be controlled by Parliament. It recommends the setting up of a new Parliamentary joint committee on post-legislative scrutiny, supported by the Scrutiny Unit, which could be involved in the pre-legislative as well as post-legislative stage; and the need for enhanced regulatory impact assessments (RIAs) to ensure the policy objectives of legislation are clearly stated. The report includes case studies of past legislation which have been included as potential candidates for post-legislative scrutiny to illustrate problems encountered, as well as examples of post-legislative scrutiny in Scotland, Switzerland and Canada.
Author | : Great Britain: Parliament: House of Lords: Select Committee on the Constitution |
Publisher | : The Stationery Office |
Total Pages | : 68 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 9780104005415 |
Download Parliament and the Legislative Process Book in PDF, ePub and Kindle
The Committees report examines parliamentary scrutiny of legislation, focusing on the process for dealing with primary legislation (i.e. the scrutiny of parliamentary bills). This examination is carried out in the light of the Rippon Commission report on the topic (Making the Law produced by the Hansard Society Commission on the Legislative Process) which was published in 1992. Topics discussed include the mechanisms for pre-legislative and post-legislative scrutiny, the growth of legislation, the dissemination of information and ways of gauging public opinion through consultation. Conclusions drawn by the Committee include concern over the growth in the number and complexity of bills being presented to Parliament without adequate expansion in the capacity to deliver effective scrutiny. The report contains a number of proposals designed to help engender a culture shift away from this unsustainable volume of legislation, towards a culture of justification which encourages government to adopt a more disciplined approach to the introduction of bills based on the objective of effectiveness rather than quantity.
Author | : Franklin de Vrieze |
Publisher | : Routledge |
Total Pages | : 150 |
Release | : 2020-12-30 |
Genre | : Political Science |
ISBN | : 100032625X |
Download Parliaments and Post-Legislative Scrutiny Book in PDF, ePub and Kindle
To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.
Author | : Great Britain: Law Commission |
Publisher | : The Stationery Office |
Total Pages | : 68 |
Release | : 2006-01-31 |
Genre | : Law |
ISBN | : 0117302635 |
Download Post-legislative Scrutiny Book in PDF, ePub and Kindle
The Commission's report examines the options for ensuring adequate post-legislative scrutiny of Acts of Parliament, in the light of the recommendation of the House of Lords Select Committee on the Constitution (in their 14th report, HCP 173-I, session 2003-04; ISBN 0104005416). The main focus of the report is on primary legislation, but it also considers delegated legislation and European legislation. Issues discussed include: existing forms and benefits of post-legislative scrutiny in the UK Parliament and in other jurisdictions (including Canada, Australia, Germany, France and the EU); the experience of pre-legislative scrutiny; and options for post-legislative scrutiny mechanisms. A number of consultation questions are given, and responses should be received by 28th April 2006.
Author | : Great Britain: Parliament: House of Commons: Health Committee |
Publisher | : The Stationery Office |
Total Pages | : 92 |
Release | : 2013-08-14 |
Genre | : Medical |
ISBN | : 9780215061485 |
Download House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 Book in PDF, ePub and Kindle
According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service
Author | : Alex Brazier |
Publisher | : |
Total Pages | : 8 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780900432675 |
Download Post-legislative Scrutiny Book in PDF, ePub and Kindle
Author | : Great Britain: Parliament: House of Commons: Justice Committee |
Publisher | : The Stationery Office |
Total Pages | : 110 |
Release | : 2012-07-26 |
Genre | : Political Science |
ISBN | : 9780215047335 |
Download Post-legislative scrutiny of the Freedom of Information Act 2000 Book in PDF, ePub and Kindle
Some former Ministers and senior civil servants argue that Freedom of Information (FOI) is having a 'chilling effect' on policy discussion at the heart of government. The Committee recognised there could be a problem--at least of perception. However the existing provisions of the Act could be used more effectively, including use of the ministerial veto to ensure a "safe space" for high-level policy discussions. The number of FOI requests is growing and some witnesses suggested introducing fees for FOI. However, while FOI imposes costs, it also creates savings when the inappropriate use of public funds is uncovered - or where fear of disclosure prevents the waste of public money. Setting fees could deter requests with a strong public interest and therefore defeat the purposes of the Act. Fees introduced purely for commercial and media organisations could also be circumvented. The MPs recommended: higher fines should be imposed for destruction of information or data and the time limit should be removed on prosecution of these offences; the law should be amended to protect universities from having to disclose research and data before the research has been published; all public bodies subject to the Act should be required to publish data on the timeliness of their response to freedom of information requests; the right to access information must not be undermined by the increased use of private providers in delivering public services and contracts for private providers should be explicit and enforceable in stipulating FOI obligations; where public authorities publish disclosure logs, the names of those requesting information should be included
Author | : Great Britain: Department of Energy and Climate Change |
Publisher | : The Stationery Office |
Total Pages | : 56 |
Release | : 2013-09-04 |
Genre | : Science |
ISBN | : 9780101869621 |
Download Memorandum to the Energy and Climate Change Committee: Post-Legislative Scrutiny of the Climate Change Act 2008 - Cm 8696 Book in PDF, ePub and Kindle
This memorandum provides a preliminary assessment of the Climate Change Act 2008 ch. 27 (ISBN 9780105427087) The Act aims to create a legislative framework for the effective management and delivery of policies to tackle climate change, in particular by: a). establishing an economically credible emissions reduction pathway to 2050, by putting into statute medium and long-term targets and a system of carbon budgets; b). providing greater clarity and predictability for industry to plan effectively for, and invest in, a low-carbon economy; c). providing a strong evidence base and expertise to underpin statutory targets; d). establishing a duty on the Government regularly to assess the risks to the UK from climate change and draw up a programme to address them; and e. creating a power for the Government to require a range of public authorities or statutory bodies to assess and address the impacts of climate change. The memorandum concludes that the Act has created an effective legislative framework and is structured to provide a degree of flexibility, setting a framework to motivate and enable policy action without being too prescriptive about how the framework should be applied. This is required to address the inherent unpredictability around future emissions projections and to ensure that mitigation is not unnecessarily costly. In this vein, the Climate Change Act allows for a carbon budget level to be amended if it appears to Government that there have been significant changes affecting the basis on which the previous decision was made