Nationality and Borders Bill Just Another Example of Bad Law-Making!

London: The Bill continues a trend that has been seen in many of the government’s flagship, post-Brexit bills, namely the placement of wide delegated powers in primary legislation, leaving future policy-making in the hands of the executive. The Bill as it proceeds to the House of Lords contains 19 clauses which create or amend existing delegated powers and four Henry VIII clauses, which give ministers the power to amend and rewrite primary legislation. The use of delegated powers and Henry VIII powers undermines the government’s claimed post-Brexit desire to return control of UK borders and immigration policy to parliament. Instead, many substantive clauses have been inserted at the last minute and other details have been left to delegated legislation, all of which concentrates power in the executive

When it was introduced, the Bill included six placeholder clauses; these are drafted as powers to make regulations and contain no substantive policy. The Bill went to committee in September but it was not until well into committee stage, on 21 October, that the placeholder clauses were replaced with substantive clauses. At the same time and without warning the government included four additional clauses. These were: • Notice of decision to deprive a person of citizenship (now clause 9) • Expedited appeals: joining of related appeals (now clause 23) • Removals: notice requirements (now clause 45) • Counter-terrorism questioning of detained entrants (now clause 74)

Read more: Alexandra Sinclair , Law Gazetter,

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