Matters Proposed for Disclosure
We have similar ambitions for the quality of delegated legislation as we do for primary legislation. Nonetheless, the key concerns for delegated legislation are not always the same as for Bills. It is far less likely, for example, that delegated legislation will be inconsistent with important legislative principles, independently of its empowering Act. However, quality assurance products and processes take on more importance because delegated legislation does not have to go through a challenging select committee process that is informed by public submissions.
The following subset of proposed disclosures for Bills, relating almost entirely to quality assurance processes, seems the most highly relevant to delegated legislation.
Disclosure Statement: Application to Delegated Legislation(Limited to Legislative Instruments Drafted by PCO) |
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| 1: A General Statement of the Policy that the Instrument Seeks to Achieve | |
General nature of proposed disclosure:
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Legislate for this? Yes |
| 2: Established Quality Assurance Products (plus Supporting Information) | |
Products/Information Proposed for Disclosure Published Reviews or Evaluations (Background Information) Regulatory Impact Statement (QA Product) Independent Assessment of RIS (QA Product) International Agreement (Treaty) Text (Background Information) National Interest Analysis for Treaties (QA Product) |
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General nature of proposed disclosure:
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Legislate for this? Yes Yes |
| 3: Existing QA Expectations (Lacking A Specific Process Or Product) | |
QA Response Proposed for Disclosure Testing of Draft Legislation Consultation |
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General nature of proposed disclosure:
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Legislate for this? Yes No (needs testing) |
