Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘statute law

Explanatory notes to Bills and Acts

leave a comment »

Explanatory notes have been published alongside Bills and Acts for many years now.

There are legal purists who argue that no lawyer worth his/her salt should look at them; truly independent legal advice can only be based on the actual legislative words.

I completely disagree with this argument. In my view these notes are key to an understanding of what particular Acts of Parliament are about and are an essential ingredient in promoting the public understanding of law.

The Office of Parliamentary Counsel considered Explanatory Notes in a couple of short papers published in 2014 and 2015. (I missed them at the time.)

It is clear that there is no intention of abandoning the use of these Notes. Indeed, it is intended that their use and usefulness should be enhanced. A survey of users of legislation found that overwhelmingly the Notes were used by people consulting statutes on-line. At the same time, it also found that significant numbers of those using statutory material either did not know they existed or how to find them.

The two papers can be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/322113/Explanatory_Notes_survey_Jul_2013_report.pdf

and https://www.gov.uk/government/consultations/explanatory-notes-for-bills-new-format

 

 

 

Advertisements

Written by lwtmp

June 7, 2018 at 11:02 am

English Votes for English Laws

leave a comment »

I have already noted the adoption by the UK Parliament of a procedure whereby Bills, or parts of Bills, which are certified by the Speaker of the House of Commons as applying to England alone will be voted on solely by MPs for English constiuencies. (See this blog 25 October 2015. The entry sets out in diagrammatic form the additional stages that a Bill to which these rules apply will have to go.)

We now have had the first example of a Bill being subject to the new Rules. When the Housing and Planning Bill 2015 was introduced in the House of Commons in October 2015, it was the subject of a Speaker’s Certificate that certain clauses did apply to England only. The original certificate has been replaced by a  new certificate reflecting changes that have been made to the bill.

A key part of the process involves the referring of the Bill to a Legislative Grand Committee. In January 2016, there was a short debate on this issue which revealed in particular the complaints of Scottich MPs that they were being treated as second class citizens.

To see the Speaker’s Certificates on the Bill, go to http://services.parliament.uk/bills/2015-16/housingandplanning/documents.html.

For the debate on the referral to the Legislative Grand Committee go to http://www.publications.parliament.uk/pa/cm201516/cmhansrd/cm160112/debtext/160112-0003.htm#16011280004400

 

Written by lwtmp

February 10, 2016 at 10:55 am