However - just go and look at what this says.
Think of all the Freedom to Irritate The Government laws we have - this could be used to destroy them in one fell swoop.
From Letters to the Times.
Sir, Clause one of the Legislative and Regulatory Reform Bill (Comment, Feb 15) provides that: “A Minister of the Crown may by order make provision for either or both of the following purposes — a) reforming legislation; b) implementing recommendations of any one or more of the United Kingdom Law Commissions, with or without changes.”
This has been presented as a simple measure “streamlining” the Regulatory Reform Act 2001, by which, to help industry, the Government can reduce red tape by amending the Acts of Parliament that wove it. But it goes much further: if passed, the Government could rewrite almost any Act and, in some cases, enact new laws that at present only Parliament can make.
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The Bill subjects this drastic power to limits, but these are few and weak. If enacted as it stands, we believe the Bill would make it possible for the Government, by delegated legislation, to do (inter alia) the following:
· create a new offence of incitement to religious hatred, punishable with two years’ imprisonment;
· curtail or abolish jury trial;
· permit the Home Secretary to place citizens under house arrest;
· allow the Prime Minister to sack judges;
· rewrite the law on nationality and immigration;
· “reform” Magna Carta (or what remains of it).
It would, in short, create a major shift of power within the state, which in other countries would require an amendment to the constitution; and one in which the winner would be the executive, and the loser Parliament.
David Howarth, MP for Cambridge, made this point at the Second Reading of the Bill last week. We hope that other MPs, on all sides of the House, will recognise the dangers of what is being proposed before it is too late.
PROFESSOR J. R. SPENCER, QC
PROFESSOR SIR JOHN BAKER, QC
PROFESSOR DAVID FELDMAN
PROFESSOR CHRISTOPHER FORSYTH
PROFESSOR DAVID IBBETSON
PROFESSOR SIR DAVID WILLIAMS, QC
Law Faculty,
University of Cambridge
Think of all the burdensome regulation the bill would allow ministers to get rid of:
Magna Carta (1297), c. 29: "No freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any other wise destroyed, nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right."
Habeas Corpus Act 1679, s. 1: "Whensoever any person or persons shall bring any habeas corpus directed unto any sheriffe or sheriffes gaoler minister or other person whatsoever for any person in his or their custody and the said writt shall be served upon the said officer or left at the gaole or prison with any of the under officers underkeepers or deputy of the said officers or keepers that the said officer or officers his or their under officers under-keepers or deputyes shall within three dayes after the service thereof as aforesaid...make returne of such writt or bring or cause to be brought the body of the partie soe committed or restrained unto or before the lord chauncelior or lord keeper of the great seale of England for the time being or the judges or barons of the said court from whence the said writt shall issue or unto and before such other person and persons before whome the said writt is made returnable according to the command thereof, and shall likewise then certifie the true causes of his detainer or imprisonment ..."
Parliament Act 1911, s. 7: "Five years shall be substituted for seven years as the time fixed for the maximum duration of Parliament under the Septennial Act 1715."
Police and Criminal Evidence Act 1984, s. 58(1): "A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time."
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