Why Murphy`s law is a threat to democracy
Sir – According to Cabinet Office Minister Jim Murphy the government has “tabled amendments that put beyond doubt that [the Legislative and Regulatory Reform Bill] will deliver a better regulation agenda and nothing else.” This is a large claim. Sadly, close study of the proposed amendments does not substantiate the claim.
For example, in the first of three new principal clauses (Power to remove or reduce burdens) amending the bill it is proposed that: “A Minister of the Crown may by order under this section make any provision which he considers would serve the purpose [of] removing or reducing any burden…resulting directly or indirectly for any person from any legislation . . . [where] ‘burden’ means . . . a sanction, criminal or otherwise, for doing or not doing anything in the course of any activity”.
Given that “any legislation” and “any activity” both mean precisely what they say, this clause constitutes the ultimate get-out-of-jail-free card. Consider the uses to which this might be put by a government with less scrupulous morals than the current lot – and shudder.
In the next new clause (Power to promote regulatory principles) it is proposed that: “A Minister of the Crown may by order under this section make any provision which he considers would serve the purpose . . . [of] securing that regulatory functions are exercised so as to comply with the principles . . . that . . . regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent [and] regulatory activities should be targeted only at cases in which action is needed.”
This sounds innocuous enough, until it is noted that the sole test here is what the minister “. . . considers would serve the purpose”.
In the third new principal clause (Power to implement Law Commission recommendations) it is proposed that: “A Minister of the Crown may by order . . . make any provision which he considers would serve the purpose . . . [of] the implementation of recommendations of any one or more of the United Kingdom Law Commissions, with or without changes.” To any literate person, the words “with or without changes” would appear to offer carte-blanche to ministers to do whatsoever they like.
Given the breadth of discretion given to ministers in the three new principal clauses, it is difficult to imagine any circumstances in which it would be possible for any provision not to serve the purposes specified.
Mr Murphy’s amended bill presents as much a threat to parliamentary democracy as its unamended predecessor. It constitutes nothing less than a grab for total power.
If Gandalf could not be trusted with such, how much less can the present (or any succeeding) government be?
Brian D Finch
Glasgow
Technorati Tags: Legislative and Regulatory Reform Bill, british-constitution, democracy
