Leg & Reg - Amednments Published
Briefings/Issues - Leg/Reg Reform Bill
Written by Unity   
Thursday, 04 May 2006

I had inteded to let thing lie fallow here for a few more days, until the new improve Liberty Central was ready to go, but I cannot pass up on the news that the Cabinet Office has, today, published a set of amendments to the dreaded Legislative and Regulatory Reform Bill.

Having only just received this information - full details from the Cabinet Office here -  I've yet to find time to fully digest the extent of the changes and, in particular, the extent to which this constituents an improvement in the Bill itself. At first sight a number of the Government's revision, especially the revised section 1 of the Bill, look set to improve matters considerably in being specific as to the precise purpose of orders made under that section and the constraints and limitations under which they can be made, which no require that such orders may only remove one or more of the following 'burdens':

(a) a financial cost;
(b) an administrative inconvenience;
(c) an obstacle to efficiency, productivity or profitability; or
(d) a sanction, criminal or otherwise, for doing or not doing anything in the course of any activity.

Against this, section 6 of the Bill, which confers power, by order, to create new minor criminal offences with sentences of less than two years imprisonment appears to have survived largely intact and with only minor textual amendments being put forward.

We continue to have serious reservations about this section of the Bill both on principle - put simply we do not believe that a Government should be hand the power to introduce new imprisonable offences into criminal law without full Parliamentary scrutiny and primary legislation - and also about the intent that lies behind this section.

We continue to search for a solution to the Irish 'issue', and a conference has been set up in Dublin to cater for this. The conference is held at a central Dublin Hotel -  and we truly look forward to meeting you here. Please book your travel!

This Government has show a tendancy, elsewhere, to use the criminal law as back-up to what amounts to little more than edicts from officialdom - the Identity Cards Act is littered with examples where simply not giving information to a government functionary on demand can leave you with a criminal record and a hefty fine. The same is true when it comes to Council Tax valuations, where its now a criminal offence to refuse to admit a valuation officer to your home if they turn up on your doorstep.

The concern here should be obvious - whatever other changes may arise out these amendments, the Government is still trying to hand itself the near unrestrained power to criminalise citizens simply for refusing to play ball with the demands of the State with the minimum of Parliamentary scrutiny. The potential exists, through this Bill, for the proliferation of State intrusion in the private lives of citizens, backed up by criminal sanctions, and all slipped in through the back door at the stroke of a Ministerial pen and with minimum of attention - in fact one half suspects this is precisely why the Government is seeking to reserve such powers to itself.

We'll need more time to work through the detail of these amendments but, at first glance, it seems that there are still major concerns about the scope of the Bill and the extent to which it confers new powers on Government with only limited scope for proper scrutiny, so we'll reserve our full judgement for the moment until we've had time to mull things over properly.