Proposed Negative Statutory Instruments, introduced under the provisions of the EU (Withdrawal) Act … – Draft Child Support (Miscellaneous Amendments) Regulations 2018 … Report on sifting ‘proposed negative instruments’ – Government response

The United Kingdom: House of Lords: Secondary Legislation Scrutiny Committee issued a report Proposed Negative Statutory Instruments, introduced under the provisions of the EU (Withdrawal) Act ... - Draft Child Support (Miscellaneous Amendments) Regulations 2018 ... Report on sifting 'proposed negative instruments' – Government response on the 6 September 2018.

This was its first report on certain instruments, known as Proposed Negative Statutory Instruments, introduced under the provisions of the EU (Withdrawal) Act.

The Committee recommended that two of the 17 Proposed Negatives should be upgraded from the negative to the affirmative procedure. If agreed, this would mean they must be debated and approved by both Houses of Parliament before they could become law.

The instruments recommended for upgrade were:

+ Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2018
+ Trade Barriers (Revocation) (EU Exit) Regulations 2018.

Background

The Committee’s role in scrutinising secondary legislation under the European Union (Withdrawal) Act 2018 was agreed during debates on the Bill when concern was expressed in both Houses on the degree of choice given to Ministers about how the necessary legislation was to be made and which procedure it would follow: the affirmative (which requires debate and approval) or negative (which does not).

To address these concerns it was agreed that a Committee in each House should scrutinise all negative instruments proposed under the Withdrawal Act where the Minister has a choice between the negative and the affirmative procedure. In the Lords, the long-established Secondary Legislation Scrutiny Committee was given the task, and report of September 2018 reflected its consideration of the first Proposed Negatives introduced under the Withdrawal Act.

• Primary Source

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

ESO: Key Source: European Union (Withdrawal) Bill 2017-19 http://www.europeansources.info/record/european-union-withdrawal-bill-2017-19-european-union-withdrawal-act-2018/

UK: Parliament: House of Lords: Committees: News, 06.09.18: Committee recommends upgrading of two Brexit act regulations https://www.parliament.uk/business/committees/committees-a-z/lords-select/secondary-legislation-scrutiny-committee/news-parliament-2017/committee-recommends-upgrading-of-two-brexit-act-regulations/

UK: GOV.UK: EU Withdrawal Act 2018 statutory instruments https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments

UK: Parliament: Glossary: Proposed negative statutory instrument https://www.parliament.uk/site-information/glossary/proposed-negative-statutory-instrument/

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