Delegated Legislation

Committee Type: 

Functions of the Committee

Functions of the Committee: 
  1.  The Committee on Delegated Legislation consists of eight members other than the Vice-President, Ministers, Deputy Minister or any members holding or acting in any office prescribed by or under an Act of Parliament, appointed by the Speaker at the commencement of every session. The quorum of the Committee is four.
  2.  In appointing the members of the Committee, one of whom shall be the chairperson, the Speaker gives preference to those who have a legal background and experience.
  3. The Committee scrutinizes and reports to the House, through the Speaker, whether the powers to make orders, regulations, rules, sub-rules and by-laws delegated by Parliament are being properly exercised by any person or authority within such delegation. As the machinery of delegated legislation is dealt with under the heading “Statutory Instruments”, these instruments must:
    •  be in accordance with the Constitution or statute under which they are made;
    •  not trespass unduly on personal rights and liberties;
    •  not make the rights and liberties of citizens depend upon administrative decisions; and
    •  be concerned only with administrative detail and not amount to substantive legislation, which is a matter for parliamentary enactment.

If the Committee is of the opinion that a Statutory Instrument should be revoked wholly or in part or should be amended in any respect, it reports that opinion and the ground thereof to the House, and any such debate is subject to a motion in the National Assembly which, if carried, would have the effect of a decision of the House.