Like a Vampire, “Destroy Parliament” Clause Returns

UPDATE 14.45 : Lots of claims that the article below incorrectly interprets the Act. No definitive legalistic answer on this point as yet. So proceed with caution.

UPDATE 16.25 : Head of Legal says stand down from the barricades.

The victorious Save Parliament Campaign needs to come out of mothballs again. SpyBlog has spotted that hidden in the Draft Constitutional Renewal Bill is a little clause to legally permit a Ministerial dictatorship:

Part 6
FINAL PROVISION
43 Power to make consequential provision

(1) A Minister of the Crown, or two or more Ministers of the Crown acting jointly, may by order make such provision as the Minister or Ministers consider appropriate in consequence of this Act.

(2) An order under subsection (1) may —

    (a) amend, repeal or revoke any provision made by or an Act;

    (b) include transitional or saving provision.

(3) An order under subsection (1) is to be made by statutory instrument.

(4) A statutory instrument containing an order under subsection (1) which amends or repeals a provision of an Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument containing an order under subsection (1) which does not amend or repeal a provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.

Full details on the excellent SpyBlog.




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