Empowering parliamentary standing committees
Friday, 5 June 2009
IT should be noted that a parliamentary standing committee reviews and scrutinises regulations and statutory instruments on the basis of legality and procedural aspects, as opposed to the merits or policy they reflect.
In addition to reviewing all new regulations and statutory instruments, the Committee is empowered to review any regulation..
Furthermore, the parliament must have renewed an order of reference at the beginning of each session authorising the Committee to study the means by which Parliament can better oversee the government regulatory process and in particular, to enquire into, and report upon matters and issues relating to:
1. the appropriate principles and practices to be observed;
1. the drafting of powers enabling delegates of Parliament to make subordinate laws;
2. the enactment of statutory instruments;
3. the use of executive regulation; and the manner in which parliamentary control should be effected in respect of the same; and,
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.
Taken together, the statutory and sessional references of the Committee afford it a broad jurisdiction to enquire into, and report on, most aspects of the state regulatory process.
In common with other standing committees like those in the USA, the UK etc., the Standing Joint Committee for the Scrutiny of Regulations has the following powers:
l to report to the Houses on matters within its statutory or sessional references;
l to require the attendance of witnesses and to send for papers and records;
l to sit while the Houses are sitting or adjourned;
l to print papers and evidence; and
l to delegate to a subcommittee any of its powers except the power to report to the Houses.
After the report is tabled, the responsible Minister has several options:
l if the Minister does not introduce a motion challenging the report in either the Senate or the House of Commons within 15 sitting days of the tabling of the report, the report is deemed to be adopted by Parliament, and the regulation maker must revoke the regulation;
l if the Minister proposes a motion in support of the regulation, and the motion passes a vote in the Senate or House of Commons, then the process ends and the regulation stands.
Gopal Sengupta
Canada
_gopalsengupta@aol.com_
In addition to reviewing all new regulations and statutory instruments, the Committee is empowered to review any regulation..
Furthermore, the parliament must have renewed an order of reference at the beginning of each session authorising the Committee to study the means by which Parliament can better oversee the government regulatory process and in particular, to enquire into, and report upon matters and issues relating to:
1. the appropriate principles and practices to be observed;
1. the drafting of powers enabling delegates of Parliament to make subordinate laws;
2. the enactment of statutory instruments;
3. the use of executive regulation; and the manner in which parliamentary control should be effected in respect of the same; and,
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.
Taken together, the statutory and sessional references of the Committee afford it a broad jurisdiction to enquire into, and report on, most aspects of the state regulatory process.
In common with other standing committees like those in the USA, the UK etc., the Standing Joint Committee for the Scrutiny of Regulations has the following powers:
l to report to the Houses on matters within its statutory or sessional references;
l to require the attendance of witnesses and to send for papers and records;
l to sit while the Houses are sitting or adjourned;
l to print papers and evidence; and
l to delegate to a subcommittee any of its powers except the power to report to the Houses.
After the report is tabled, the responsible Minister has several options:
l if the Minister does not introduce a motion challenging the report in either the Senate or the House of Commons within 15 sitting days of the tabling of the report, the report is deemed to be adopted by Parliament, and the regulation maker must revoke the regulation;
l if the Minister proposes a motion in support of the regulation, and the motion passes a vote in the Senate or House of Commons, then the process ends and the regulation stands.
Gopal Sengupta
Canada
_gopalsengupta@aol.com_