Statutory Instruments (Amendment) Bill [HL]: HL Bill 14 of 2024–25
This proposed law would introduce a new “think again” procedure in the House of Lords so members could ask the House of Commons to consider their concerns before a draft affirmative statutory instrument is approved.
The bill would introduce a “think again” procedure for draft affirmative statutory instruments (SIs). This would allow the House of Lords to ask the House of Commons to consider their concerns before an SI is approved or rejected. The bill would also place existing guidance on correcting minor errors in SIs onto the statute book.
Draft affirmative SIs need approval from both Houses of Parliament before they can become law. Both Houses can either approve or reject them, but cannot amend them except in rare cases. The bill aims to provide a mechanism for the Lords to raise concerns about an SI without outright rejecting it.
The bill has received mixed reactions. The House of Lords Secondary Legislation Scrutiny Committee has welcomed the bill as an opportunity to discuss the process of parliamentary SI scrutiny. The Hansard Society has said it supports the bill in principle but believes the mechanism should not be placed in legislation.