Skip to main content

Something must NOT be done

After the passage through the House of Commons of the largest bill in British political history, our legislators seem shell-shocked.

This is only the latest Companies Act to be addressed by Parliament in recent years. We have also had several Criminal Justice Acts too.

The problem is that too many MPs do not see that regulation can be done implicitly through the interpretation of principle and existing Acts of Parliament and are determined to create explicit and micro-detailed Acts of Parliament- "some thing must be done about...".

This is very dangerous and removes much flexibility and, in the case of the new Companies Act may hamper the competitiveness of many British companies, especially small businesses that now have to comply with a mountain of detailed regulation.

Some may see Nick Clegg's call for a Great Repeal Act as a bit gimmicky- I for one welcome it, and I notice that the general reception has been very positive.

Perhaps the tide is turning- I certainly hope so, before blogging gets regulated by some Act...

Comments

Anonymous said…
There's many many laws which need repealing, not just the civil liberties ones...

Too many people think that good law can only come handed down from legislators, whereas the best law is evolved from custom and case law.

Then again, there's a desire in some to regulate every aspect of our lives, something seemingly shared by some in the LibDems...

Unfortunately its not only Westminster which has legislative diarrhoea, Edinburgh and Cardiff are likely to, and Brussels definitely has a bad case of it (spurred on by national parliaments in many cases...)
Gavin Whenman said…
"This is only the latest Companies Act to be addressed by Parliament in recent years."

The last Companies Act was passed in 1985. Hardly recent years.

"Too many people think that good law can only come handed down from legislators, whereas the best law is evolved from custom and case law."

Um... Yes and no. The common law has lead us into some odd places (i.e. R v Brown - the offence was a statutory one, the interpretation was a common law one) and I believe there needs to be a balance between the two (with Parliament largely confined to the role of altering common law mistakes - as was the original intent).
Cicero said…
Quite right, I should have said "Companies legislation", the conduct of business is also a matter for the Financial Services and Markets Act, recruitment discrimination provisions, health and safety orders amongst many others.
Anonymous said…
In response to Tristan, custom and case law are clearly not the best basis for technical legislation. It is plain wrong that the best laws stem from customary or case law. The test for "good law", in a legal sense, is whether it creates legal certainty. It is in the interplay of judge and legislator that certainty is created. As to the content of laws - surely you would not want to leave the substance of law to a bunch of wig-wearing patricians and their view on what is customary (cunstomary among who and where and by whose standard?)

Anyway, the Companies Bill is far too long. How can a consolidating act get that long?
Anonymous said…
The regulatory burden borne by business, especially small business, is widely recognised, but the burden on public services is often forgotten. This is often generated by politicians and civil servants in Whitehall as well as the regulators and inspectors.

I'm not belittling the burden on small businesses. (I'm starting my own, so I know!)

I know from my areas of work that there are moves towards "better regulation" in housing and further
education. But these tend to be incremental rather than radical.

There needs to be a framework of regulation and inspection, but choice and voice for users must be put centre stage.

Does it make sense that the smallest sixth form colleges with a turnover of acouple of million, should be obliged to appoint an internal audit firm? They have external auditors as well as visits from the regulatory LSC. Businesses much larger don't have to bear such expenditure.

Popular posts from this blog

Concert and Blues

Tallinn is full tonight... Big concerts on at the Song field The Weeknd and Bonnie Tyler (!). The place is buzzing and some sixty thousand concert goers have booked every bed for thirty miles around Tallinn. It should be a busy high summer, but it isn´t. Tourism is down sharply overall. Only 70 cruise ships calling this season, versus over 300 before Ukraine. Since no one goes to St Pete, demand has fallen, and of course people think that Estonia is not safe. We are tired. The economy is still under big pressure, and the fall of tourism is a significant part of that. The credit rating for Estonia has been downgraded as the government struggles with spending. The summer has been a little gloomy, and soon the long and slow autumn will drift into the dark of the year. Yesterday I met with more refugees: the usual horrible stories, the usual tears. I try to make myself immune, but I can´t. These people are wounded in spirit, carrying their grief in a terrible cradling. I try to project hop...

One Year On

  Head vabariigi iseseisvuspäeva! Happy Estonian Independence Day! It is one year since I stood outside the Estonian Parliament for the traditional raising of the national flag from Tall Hermann tower. Looking at the young fraternities gathered with their flags, I was very sure that Estonia too would soon be facing the aggression of the criminal Russian regime. A tragic and dark day. 5 eyes intelligence had been clear: an all out invasion was going to happen, and Putin´s goals included- and still include- "restoration" of Russian imperial power across Europe, even to the Atlantic. Yet there was one Western intelligence failure: we all underestimated the guts of the Ukrainian armed forces, the ZSU, and its President and people. One year on, Estonia, and indeed all the front line states against Russia, knows that Ukraine saved us. Estonia used that time to prepare itself, should that "delayed" onslaught ever be unleashed, but equally the determination of Kaja Kallas, ...

Media misdirection

In the small print of the UK budget we find that the Chancellor of the Exchequer (the British Finance Minister) has allocated a further 15 billion Pounds to the funding for the UK track and trace system. This means that the cost of the UK´s track and trace system is now 37 billion Pounds.  That is approximately €43 billion or US$51 billion, which is to say that it is amount of money greater than the national GDP of over 110 countries, or if you prefer, it is roughly the same number as the combined GDP of the 34 smallest economies of the planet.  As at December 2020, 70% of the contracts for the track and trace system were awarded by the Conservative government without a competitive tender being made . The program is overseen by Dido Harding , who is not only a Conservative Life Peer, but the wife of a Conservative MP, John Penrose, and a contemporary of David Cameron and Boris Johnson at Oxford. Many of these untendered contracts have been given to companies that seem to have ...