The Bill applies to the United Kingdom (in the main). The constitution is a reserved matter; however the Government will work closely with the Devolved Administrations on matters which may have an impact on their responsibilities.
Additional Information
Some elements of the Draft Bill would be dependent on subsequent consultation exercises, but provisions may include:
1. Royal Prerogative - War Powers and the Ratification of Treaties -
Treaties: At present Parliament has no formal role in the ratification of treaties, and there is no formal mechanism by which either House of Parliament can force a debate on a treaty laid under the Ponsonby Rule.
The Governance of Britain Green Paper set out the Government's intention to strengthen Parliament by making it a statutory requirement that treaties are laid in both Houses before ratification. The consultation paper seeks views on how MP's and peers should be able to trigger a debate and the effect of any vote.
War Powers: The Government believes that on regarding the deployment of troops abroad, the executive should seek the approval of the elected representatives in the House of Commons. The consultation paper seeks views on Parliamentary involvement in the decision to send Armed Forces into conflict abroad.
2. The Role of the Attorney General -
The Government's commitment to rebalancing power between the executive, legislature and the people inevitably involves reform of this historic office.
A public consultation runs until the end of November.
3. Civil Service - The role, governance and values of the Civil Service are not set in Parliamentary legislation. The Government believes it is right to include measures to enshrine the principles and values of the Civil Service in Law.
Public consultation on a Civil Service Act was launched in November 2004, and the responses to that consultation are contributing to taking forward the commitments in the Governance of Britain Green Paper. The Government will consult with stakeholders including the Public Administration Select Committee, the Committee on Standards in Public Life, Civil Service Commissioners, devolved administrations and Civil Service unions.
4. Pre-appointment scrutiny hearings by select committee ("confirmation hearings")
The Government is consulting on proposals to involve Parliamentary Select Committees in the appointment of certain key public officials.
5. Royal Prerogative of Mercy (RPM) -
The Government makes recommendations to the Monarch to exercise her powers to grant mercy. At present the RPM is exercised in two ways:
- Free or conditional pardon to address a miscarriage of justice;
- Remission of all or part of a sentence. However, the RPM is rarely used as it has effectively been replaced by statute. Therefore, Government will consult on formally surrendering this power.
6. Judicial appointments - The Government is consulting on what its future role in judicial appointments should be, including considering a role for Parliament in the process.
7. Intelligence & Security Committee -
Government will focus on changes to bring appointment, operation and reporting of the Intelligence and Security Committee more in line with other select committees, while maintaining the arrangements for dealing with highly classified information.
8. Protest in Parliament Square -
The right to peaceful protest has long been regarded as an important component of British citizens' liberties and healthy democracy. The Government has made clear that there should be no unnecessary restrictions on people's right to protest particularly around the seat of the elected representative. A consultation has been launched.
Related Documents
Existing Legislation
- Serious Organised Crime and Police Act 2005
- Various statutes relating to the role of the Attorney General, in particular the Prosecution of Offences Act 1985
Comments
If you have any comments on the proposals you can email them to:
governance@justice.gsi.gov.uk |
