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1200330

registered interest
date	03/06/2020
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Statutory Instruments
house id	2
legislature	25277 pref label House of Lords
question text	Her Majesty's Government which statutory instruments can be made as an Order in Council without parliamentary approval.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL5194
answer	answer is ministerial correction date of answer 17/06/2020 answer text <p><ins class="ministerial">An Order in Council made under an Act of Parliament is a form of secondary legislation. The enabling Act will specify whether or not an Order in Council is subject to a Parliamentary procedure, and if so what that parliamentary procedure is.</ins></p><p><ins class="ministerial">There are over 400 Acts of Parliament which provide Order in Council making powers to Her Majesty in Council. Orders in Council made under Act of Parliament without a parliamentary procedure cover a range of subject matter, including the commencement of primary legislation, the UK armed forces and devolution issues, as well as fishing limits, the carriage of goods by sea, and the implementation of international agreements such as those on child abduction, reciprocal enforcement of court judgements, and the Geneva Conventions.</ins></p><p><ins class="ministerial">Some other p</ins><del class="ministerial">P</del>rerogative business made on the advice of the Privy Council by Order in Council is not subject to parliamentary procedure and relates almost exclusively to the affairs of Chartered bodies.</p> answering member printed Lord True question first answered 17/06/2020 10:57:35 question first ministerially corrected 22/07/2020 15:25:02 answering member 4200 label Biography information for Lord True previous answer version 29598 answering member printed Lord True answering member 4200 label Biography information for Lord True
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

1042997

registered interest
date	17/01/2019
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Statutory Instruments
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether Government departments are expected to make public the results of external consultations relating to the preparation of statutory instruments.
tabling member printed	Lord Warner
uin	HL12947
answer	answer is ministerial correction date of answer 31/01/2019 answer text <p>The Cabinet Office is responsible for the Government Consultation Principles, which provide departments with guidance on conducting consultations and can be found on gov.uk https://www.gov.uk/government/publications/consultation-principles-guidance.</p><p>This guidance states that government responses to consultations should be published in a timely fashion. It also states that where consultations concern a statutory instrument, responses should be published before or at the same time as the instrument is laid, except in very exceptional circumstances.</p> answering member printed Lord Young of Cookham question first answered 31/01/2019 15:53:05 answering member 57 label Biography information for Lord Young of Cookham
tabling member	1732 label Biography information for Lord Warner

439740

registered interest
date	22/12/2015
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Statutory Instruments
house id	2
legislature	25277 pref label House of Lords
question text	To ask the Her Majesty's Government, further to the remarks by the Leader of the House on 17 December that the convention on statutory instruments "has now broken" (HL Deb, col 2197), on how many occasions since the second World War such a breakage has occurred.
tabling member printed	Lord Grocott
uin	HL4793
answer	answer is ministerial correction date of answer 08/01/2016 answer text <p>Prior to October 2015, the House of Lords had rejected statutory instruments on four occasions since World War II. None of those occasions concerned a statutory instrument implementing a budget measure intended to deliver £4.4bn of savings that had already been approved by the House of Commons - thereby overruling the elected House on a matter of public spending - nor is it precedented for the House of Lords to decline to consider a statutory instrument until the Government has made specific changes to the policy underpinning it. The House's decision to withhold agreement to the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 therefore broke new ground, and may be regarded as a breach of the convention underpinning the House's powers in regard to secondary legislation as well as the longer-standing convention regarding the financial primacy of the House of Commons.</p> answering member printed Baroness Stowell of Beeston question first answered 08/01/2016 14:52:10 answering member 4205 label Biography information for Baroness Stowell of Beeston
tabling member	276 label Biography information for Lord Grocott