Parliamentary Scrutiny of Emergency Powers
The UK government and devolved administrations should ensure that the draft affirmative procedure is the standard process for enacting substantial and wide-ranging powers in a civil emergency, such as a pandemic, under primary public health legislation. Any departure from this procedure should be the exception, with clear criteria and safeguards in place to prevent the bypassing of parliamentary scrutiny.
- The 2025 Guide to Making Legislation includes a Delegated Powers Toolkit setting out considerations for delegated powers (Guide to Making Legislation, Cabinet Office, 2025).
- The response does not commit to making the draft affirmative procedure the standard process, stating that different emergencies may require different legislative approaches on a case-by-case basis.
- No specific commitment to mandatory sunset clauses or bimonthly ministerial reporting has been made.
How was this evidence gathered?
Response
Accepted in Part
Response
Accepted in PartThe government agrees that the legislative response to emergencies should be clear, well-defined and subject to the appropriate parliamentary oversight. Sunset clauses and duties to report can be useful mechanisms to ensure that this is the case. These have been successfully used with previous pieces of legislation to ensure a balance of appropriate scrutiny from parliaments alongside a need to respond in an appropriate manner to the situation at that time.
Since the Covid-19 pandemic, the government has continued to strengthen and refine the guidance on drafting and framing legislation. This includes the publication of the Delegated Powers Toolkit in the government's 2025 Guide to making legislation which sets out considerations for the balance between primary and secondary legislation and how to appropriately construct delegated powers.
The government recognises that different emergencies will require different legislative approaches and would need to be considered on a case-by-case basis to assess the most appropriate response, including the appropriate parliamentary procedures. This would be a matter for the governments at that time.
No formal response published by this government.
No formal response published by this government.
No formal response published by this government.
The government agrees that the legislative response to emergencies should be clear, well-defined and subject to the appropriate parliamentary oversight. Sunset clauses and duties to report can be useful mechanisms to ensure that this is the case. These have been successfully used with previous pieces of legislation to ensure a balance of appropriate scrutiny from parliaments alongside a need to respond in an appropriate manner to the situation at that time.
Since the Covid-19 pandemic, the government has continued to strengthen and refine the guidance on drafting and framing legislation. This includes the publication of the Delegated Powers Toolkit in the government's 2025 Guide to making legislation which sets out considerations for the balance between primary and secondary legislation and how to appropriately construct delegated powers.
The government recognises that different emergencies will require different legislative approaches and would need to be considered on a case-by-case basis to assess the most appropriate response, including the appropriate parliamentary procedures. This would be a matter for the governments at that time.
Progress Timeline
Status: Pending. No government response yet received. Module 2 report published 20 November 2025.