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by Munro Research

Legislation (Territorial Extent) Bill


Official Summary

A Bill to require the Secretary of State, when preparing draft legislation for publication, to do so in such a way that the effect of that legislation on England, Wales, Scotland and Northern Ireland is separately and clearly identified; to require the Secretary of State to issue a statement to the effect that in his or her view the provisions of the draft legislation are in accordance with certain principles relating to territorial extent; and for connected purposes.

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Overview

This bill aims to improve transparency and clarity in UK legislation by requiring the Secretary of State to clearly identify the separate legal and financial effects of draft legislation on England, Wales, Scotland, and Northern Ireland before publication. It also mandates a statement regarding the bill's compatibility with principles of legislative territorial clarity.

Description

The Legislation (Territorial Extent) Bill mandates that the Secretary of State (or a Minister of the Crown) must ensure that all published draft legislation (both primary and secondary) clearly outlines its impact on each part of the UK. This includes:

  • Legal Effect: A statement detailing the legal consequences of each clause and schedule on England, Wales, Scotland, and Northern Ireland must be included in the draft legislation itself.
  • Financial Effect: A financial memorandum accompanying the draft must detail the financial implications for each part of the UK, including any effect on Barnett formula allocations (or its successor).
  • Declaration of Compatibility: The Secretary of State must declare whether, in their view, the legislation aligns with principles of legislative territorial clarity. If not, they must explain why the government still intends to proceed.

The "principles of legislative territorial clarity" are defined as ensuring every UK citizen can understand how proposed laws affect them and that MPs can understand the impact on their constituents.

Government Spending

The bill itself doesn't directly allocate or change government spending. However, by requiring detailed financial memoranda, it aims to increase transparency and accountability regarding the financial implications of legislation across the different parts of the UK.

Groups Affected

  • UK Citizens: Will benefit from increased transparency and understanding of how legislation will affect them.
  • Members of Parliament: Will have greater clarity on the impact of proposed laws on their constituents, aiding informed decision-making.
  • Government Departments: Will be required to conduct more thorough impact assessments before publishing draft legislation.
  • Devolved Administrations (Scotland, Wales, Northern Ireland): Will have enhanced ability to scrutinize proposed legislation's impact on their respective regions.
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