The Management of Secondary Legislation

Statutory Instruments (SIs), often described as secondary legislation, are the means by which government departments implement the policy measures laid down by Acts of Parliament (primary legislation). While the majority of SIs are generally well-crafted and fit for purpose, the Committee's report highlights areas for improvement, including the fact that some are laid before Parliament at less than the required 21 days notice of coming into force, or laid in large numbers at peak periods of the year which renders proper scrutiny difficult. Other problems include lack of clarity due to opaque drafting or because they rely heavily on cross-references to earlier instruments, as well as inadequate consultation with those most likely to be affected by their provisions. The report sets out 20 recommendations designed to improve the overall quality of SIs produced by government departments, by establishing a strategic approach to the process of planning and making SIs based on good practice guidance, rather than the current 'laissez faire' approach. These include the need for each department to draw up an annual management plan for its projected secondary legislation, with the establishment of a centralised co-ordinating mechanism to oversee the scheduling and implementation of the whole process across Whitehall.