Very quietly, the Home Office has used a ministerial power to directly overrule parliament. It is unprecedented. It’s the kind of thing no previous government would have ever dreamed of doing 📨 Read IanDunt's latest newsletter
last Saturday. During the passage of the bill, the Government attempted to define the meaning of the phrase “serious disruption to the life of a community”. This is the test that allows the police to close down a protest. If it classifies as serious disruption, the police powers are activated. If it doesn’t, they aren’t.The Home Office approach is therefore to define them as minimally as possible so the police have the maximum room to manoeuvre.
Let’s just stop here for a moment and note that. Parliament rejected the Government’s amendments. Let’s just put a little pin in it, because it’s an important sentence, the kind of sentence which really should not need to be emphasised but now apparently must be. Parliament is sovereign. If it rejects something, it should stay rejected unless it decides to consider it again.It did this using a statutory instrument.
The Lords secondary legislation scrutiny committee, one of only two bodies in parliament which actually bothers to properly assess ministerial powers, is ashen-faced with shock. “The Home Office has not provided any reasons for bringing the measures back in the form of secondary legislation,” it said in its report yesterday, “so soon after they were rejected in primary legislation.
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