White Rose is a protest blog collective focusing on civil liberties in the UK.
It was set up to point a finger at the erosion of personal freedom in the UK.
Government's active measures introduce new means of control such as identity cards and surveillance cameras, the passive measures such as weakening of double jeopardy and presumption of innocence.


The arguments
The resistants
Gabriel Syme and Perry de Havilland of Samizdata.net to rally the Anglosphere behind the UK.
White Rose contributors are those bloggers and non-bloggers who oppose restrictions on personal liberties.

To find out how to become a White Rose contributor, please go here.
Tuesday, February 07, 2006
Rule by decree
This bill must be scrutinised with particular care. Our report recognises that there is widespread support for removing redundant regulation and costly red tape. But the problem many people will have with part one of this bill, as drafted, is that it provides ministers with a wide and general power that could be used to repeal amend or replace almost any primary legislation.

- Andrew Miller MP (Lab, Ellesmere Port and Neston) of the Legislative and Regulatory Reform Bill which gets its second reading of Thursday.

The Bill would permit ministers to change the law by order for the purpose of : "(a) reforming legislation; [and/or] (b) implementing recommendations of any one or more of the United Kingdom Law Commissions, with or without changes." And they get to nominate the parliamentary procedure for the statutory instrument embodying the order, too.

There are safeguards. Criminal offences and powers of entry, search or seizure, may not be created, or penalties increased above a certain level, unless a Law Commission (an appointed body, remember) has recommended it or it is as a restatement of existing law. An order may not impose or increase taxation, except as a restatement of existing law. Which rather begs the question: how, exactly, can a change in the law be "mere restatement"?



Comments

From reading the legistalation the 'safeguards' are worthless. There is nothing stopping a minister from altering the legistlation itself, using the provisions in the act, removing the 'safeguards'. Then can then implement any law they want.

Nick

Posted by: nick on February 18, 2006 10:48 AM
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