Statutory Instruments (Amendment) Bill [HL]

Key Points

• - Creates a mechanism for Parliament (notably the Lords) to withhold approval of a draft Statutory Instrument until MPs’ concerns are addressed, with ministers required to respond and either amend, approve, or withdraw the instrument.
• - Introduces a Corrections provision allowing ministers to fix non-substantive errors within 40 days of final approval and to publish the amended instrument.
• - Tightens procedural thresholds in the SI process by increasing steps from two to three and from three to four, aiming for greater scrutiny before final approval.
• - Seeks symmetry or balanced powers between the Lords and Commons, with amendments proposing that similar rules apply to the Commons (to avoid asymmetrical powers) and restricting post-approval minor changes by ministers.
• - Proposes a maximum 40-day hold on a challenged SI (after which it would be approved), and places limits on relaid SIs being reconsidered by the Lords.
• - Commencement is planned for six months after Royal Assent, giving time for the new procedures to bed in.

Progress

The bill originated in the Lords with a plan to strengthen Parliament’s oversight over SIs, including a potential delay mechanism and a corrections process. In Committee in the Lords, several probing amendments by Baroness Finn sought to limit Lords’ powers, ensure symmetry with the Commons, cap withholding time at 40 days, and prevent minor post-approval changes. Some amendments were withdrawn, and others moved to address concerns about balance between the two Houses. The bill has moved to the Commons for its 2nd reading, where it will continue its passage.