Select committee: Delegated Powers and Regulatory Reform Committee
Conclusion 13
12th Report - Democracy Denied? The urgent need to rebalance power between Parliament and the Executive
Published 24 Nov 2021
Paragraph 94
Delegated Powers and Regulatory Reform Committee Delegation of legislative power All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
We share the view of the Leader of the House “that guidance should not be used to circumvent the usual way of regulating a matter”. Mandatory guidance is such a circumvention. The very concept is a contradiction in terms and a power to make mandatory guidance will never be appropriate. Requirements which have legislative effect should always be expressed in legislative language, either in primary or secondary legislation, and subject to parliamentary oversight.
From: Delegated Powers and Regulatory Reform Committee, 12th Report - Democracy Denied? The urgent need to rebalance power between Parliament and the Executive, paragraph 94, 24 November 2021
Government response
The government responded to the whole report on 26 January 2022 (deadline 24 January 2022).