tag:blogger.com,1999:blog-22202011.post8084815758039765157..comments2023-12-11T08:49:46.305+00:00Comments on Dizzy Thinks: Abolition of Parliament Act returnsUnknownnoreply@blogger.comBlogger11125tag:blogger.com,1999:blog-22202011.post-25173126045521995782008-03-28T18:24:00.000+00:002008-03-28T18:24:00.000+00:00head of legalPoint taken but, as alex implies, it ...head of legal<BR/><BR/>Point taken but, as alex implies, it is still disturbing that extensive and inexactly defined legislative powers are given to the executive (particularly the current executive) no matter what the subject of the basic legislation is.The Sage of Muswell Hillhttps://www.blogger.com/profile/07680974656418752948noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-57006167716844554122008-03-28T12:33:00.000+00:002008-03-28T12:33:00.000+00:00This is just lazy drafting. A good Act would list...This is just lazy drafting. A good Act would list all the consequential amendments. This one just empowers ministers to put forward consequential mendments by order. Ultimately it would be up to the courts to decide whether any orders were in consequence of this Act (because if not the ministers would have exceeded their powers). The courts, particularly at the Court of Appeal and above, are rather more objective than the government so ministers would be unlikely to push their luck on this. It is not satisfactory, but it is the sort of ill-thought legislation that we have come to expect from this government.Alexhttps://www.blogger.com/profile/13775753218753337766noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-2229678670538546672008-03-28T12:13:00.000+00:002008-03-28T12:13:00.000+00:00Oh, Umbongo. I like your juice, but you really are...Oh, Umbongo. I like your juice, but you really are going way over the top on this. <BR/><BR/>You only have to look at the table of contents of the draft Bill to see that no change to Parliamentary terms, to habeas corpus or to election law could sensibly be said to flow as a consequence of it.Carl Gardner, Head of Legalhttps://www.blogger.com/profile/11623620299558039098noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-2899430058142630222008-03-27T23:52:00.000+00:002008-03-27T23:52:00.000+00:00But this isn't a "normal" act, it's an act aimed a...But this isn't a "normal" act, it's an act aimed at dealing with the constitution. Therefore a "consequence" of such an act could affect any other act which has constitutional significance. This would - or certainly could - include lengths of parliaments, habeas corpus, electoral law etc etc. You name it and almost anything pertaining to civil liberties are "consequential" to this act.The Sage of Muswell Hillhttps://www.blogger.com/profile/07680974656418752948noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-91352171670207505992008-03-27T16:11:00.000+00:002008-03-27T16:11:00.000+00:00No, they do refer to other Acts, Dizzy, honest: se...No, they do refer to other Acts, Dizzy, honest: see, for instance <A HREF="http://www.publications.parliament.uk/pa/ld200708/ldbills/033/08033.103-109.html#j992a" REL="nofollow">clause 159(3) of the Health and Social Care Bill</A>. I've replied to you over at <A HREF="http://headoflegal.blogspot.com/2008/03/whats-consequential-and-whats.html#c2311960206834361590" REL="nofollow">my place</A> with more examples, and there are yet more I've not linked to, in the Education and Skills Bill, and in the Housing and Regeneration Bill. There are quite a few of these clauses in Bills. <BR/><BR/>I'd agree with you if I though this really was like the Legs and Regs Bill of a couple of years ago - but I don't think it is.Carl Gardner, Head of Legalhttps://www.blogger.com/profile/11623620299558039098noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-69267146899319332132008-03-27T15:31:00.000+00:002008-03-27T15:31:00.000+00:00I like the use of the phrase "makes similar provis...I like the use of the phrase "makes similar provision" on your blog. "Similar" being the important words because they're not really the same at all. The wordas may sounds and look similar, but the examples refer to quite explicitly to themselves from what I can tell, whilst the Draft Bill appears to be referring to any Act.dizzyhttps://www.blogger.com/profile/04250325010662356883noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-11438140144001286872008-03-27T15:20:00.000+00:002008-03-27T15:20:00.000+00:00This is nothing like the constitutional outrage yo...This is nothing like the constitutional outrage you fear, Dizzy: it's quite a common sort of provision. See <A HREF="http://headoflegal.blogspot.com/2008/03/whats-consequential-and-whats.html" REL="nofollow">my post</A> about it.Carl Gardner, Head of Legalhttps://www.blogger.com/profile/11623620299558039098noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-41351088031003545732008-03-27T15:03:00.000+00:002008-03-27T15:03:00.000+00:00guys guys calm down - the EU runs Britain, and thi...guys guys calm down - the EU runs Britain, and this "enabling act" is merely posturing. Anything the EU has enacted CANT be reversed by the various Governmentskinglearhttps://www.blogger.com/profile/10252474133821652670noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-30187183877448999442008-03-27T14:09:00.000+00:002008-03-27T14:09:00.000+00:00I expect MPs will think of the work this would sav...I expect MPs will think of the work this would save them - not having to read tiresome stuff then vote on same. No need to go to Parliament at all, in fact.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22202011.post-34177845583748667802008-03-27T12:26:00.000+00:002008-03-27T12:26:00.000+00:00Clearly our MPs don't think that...Clearly our MPs don't think that...RobWhttps://www.blogger.com/profile/02255978974948870928noreply@blogger.comtag:blogger.com,1999:blog-22202011.post-83191385781201125042008-03-27T12:18:00.000+00:002008-03-27T12:18:00.000+00:00Jack Straw is presenting this Bill as **increasin...Jack Straw is presenting this Bill as **increasing** Parliamentary scrutiny - black **is** white in New Britain.Old BEhttps://www.blogger.com/profile/06974090439936326476noreply@blogger.com