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10 June 2020
Issue: 7890 / Categories: Legal News , Constitutional law
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Ministerial powers ‘inappropriate’

Peers have lambasted the government’s use of delegated powers for ‘executive convenience’ in the EU (Withdrawal) Act 2018

According to a House of Lords Constitution Committee report this week, ‘Brexit legislation: constitutional issues’, delegated powers should be used only where their use can be ‘clearly anticipated and defined’, constrained as far as is possible and subject to sunset clauses. Moreover, it is ‘in general constitutionally unacceptable’ to use delegated powers to create criminal offences yet the Sanctions and Anti-Money Laundering Bill gives ministers powers to set sanctions of up to ten years’ imprisonment.

The Peers branded ministerial powers to determine which courts can depart from European Court of Justice case law ‘inappropriate’. They highlighted a ‘significant risk’ that these powers could undermine legal certainty, and called on the government to publish in draft any regulations it intends to make using these powers so that ‘substantive consultation’ can take place.

They warned ‘COVID-19 must not blind us to the challenges’ as Parliament scrutinises Brexit.

 

Issue: 7890 / Categories: Legal News , Constitutional law
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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