Draft:Emergency legislation
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Emergency legislation is a piece of legislation introduced to a legislature, usually in response to some form of emergency, and the passage of such a bill tends to be expedited in order to respond to said emergency.[1][2] Bills introduced as emergency legislation tend to be introduced by the executive, usually in order to provide the executive with additional powers which they did not previously possess.[1] However, the use of such measures has been criticized as being undemocratic,[3] via limiting opportunities for parliamentary scrutiny of such bills.[4]
Emergency Legislation by country
[edit]United Kingdom
[edit]In the United Kingdom, emergency legislation may be introduced and passed through both houses of parliament and receive royal assent within the span of a single day,[5] such as with the Northern Ireland Act 1972,[6] or the laws which officially declared war on Germany in 1939 TODO: cite that
Canada
[edit]In Canada, the Emergencies Act allows the Government of Canada to declare a "national emergency", following a mandatory consultation with the Provinces and territories of Canada (if possible); Parliament must then be recalled (if necessary) and must vote on 'confirming' the declaration of emergency within 7 days. If approved, the government is authorized to immediately issue orders and regulations to respond to the emergency, and such emergency legislation only faces parliamentary scrutiny two days after it has been issued. Declarations of emergencies are only valid for 30 days (from the date of declaration), and will automatically expire unless both houses of Parliament confirm an extension to the emergency; but Parliament may review or revoke the declaration of emergency at any point. The government is not authorized to use these emergency powers to perform actions unrelated to the approved declared emergency, and an inquiry into the emergency must be held (with a report produced for both houses of Parliament within 360 days of the emergency ending).[7] Emergency legislation ceases to operate following the end of the emergency situation.[8]
Examples of Emergency Legislation
[edit]United Kingdom
[edit]- TODO: those bits of legislation passed at the start of WW2?
- The Northern Ireland Act 1972[9] was introduced to the House of Commons as emergency legislation on 23 February 1972, passed through all readings in the Commons on that night,[10] subsequently introduced to and passed by the House of Lords that same night,[11] and received royal assent by 2am.[12][6]
- The Terrorist Offenders (Restriction of Early Release) Act 2020 was introduced to the House of Commons as emergency legislation on 12 February 2020; passing through all readings in the Commons unopposed on that day, and all readings in the Lords on 24 February 2020,[13] in order for the bill to become legislation by 27 February 2020.[14]
- TODO: COVID act 2020
- The Safety of Rwanda (Asylum and Immigration) Act 2024 was introduced as emergency legislation,[15] in response to the Supreme Court ruling that the goverment's proposed 'Rwanda Scheme' was unlawful,[16] in order to promptly declare this scheme as lawful.[15]
Scotland
[edit]- The Mental Health (Public Safety and Appeals) (Scotland) Act 1999 was introduced as emergency legislation,[17] in order to close a legal loophole used by a convicted killer to secure his early release from Carstairs Hospital.[18]
Republic of Ireland
[edit]todo: find out more about Illicit drug use in Ireland#2015 legislation
References
[edit]- ^ a b "What is emergency legislation and how is it made? | IPT". Industry and Parliament Trust. Retrieved 2024-07-22.
- ^ Barnes, Peter (2023-11-15). "What is emergency legislation?". BBC News. Retrieved 2024-07-22.
- ^ Webber, Miriam; Landis-Hanley, Justine (2024-03-26). "Labor's rushed 'emergency' immigration laws labelled 'undemocratic, botched'". The Canberra Times. Retrieved 2024-07-22.
Coalition and crossbench senators were only briefed on the legislation hours before it passed, in a rapid process that has been slammed 'undemocratic', 'botched' and 'panicked' by politicians across the aisle.
- ^ Select Committee on the Constitution (2 June 2021). "Chapter 2: Parliamentary scrutiny during the pandemic". COVID-19 and the use and scrutiny of emergency powers (PDF) (Report). 3rd Report of Session 2019-21, HL Paper 15. House of Lords (published 10 June 2021). Retrieved 23 July 2024.
- ^ "Chapter 30 - Proceedings on public bills: matters affecting both Houses - Emergency and other expedited legislation". Erskine May: Parliamentary Practice (25th ed.). UK Parliament. 2019. Paragraphs 30.41 - 30.48. Retrieved 23 July 2024.
- ^ a b O'Higgins, Paul (1972). "The Northern Ireland Act 1972". The Modern Law Review. 35 (3): 295–298. ISSN 0026-7961. JSTOR 1093792.
- ^ Canada, Department of Justice (2022-02-15). "Canada's Emergencies Act". www.canada.ca. Retrieved 2024-07-23.
- ^ Callaghan, Geoff (2022-11-21). "No, invoking the Emergencies Act isn't the same as using the notwithstanding clause". The Conversation. Retrieved 2024-07-23.
- ^ Northern Ireland Act 1972. 24 February 1972. Retrieved 23 July 2024.
- ^ "Northern Ireland". Parliamentary Debates (Hansard). House of Commons. 23 February 1972. col. 1363–1450.
- ^ "Northern Ireland". Parliamentary Debates (Hansard). House of Lords. 23 February 1972. col. 621–664.
- ^ "Royal Assent". Parliamentary Debates (Hansard). House of Commons. 23 February 1972. col. 1454.
- ^ "Terrorist Offenders (Restriction of Early Release) Act 2020 Stages - Parliamentary Bills - UK Parliament". UK Parliament. Retrieved 23 July 2024.
- ^ Cowburn, Ashley (12 February 2020). "Streatham attack: Bill stopping early release of jailed terrorists passes unopposed in Commons". The Independent. Independent Print Limited. Archived from the original on 2020-02-12. Retrieved 23 July 2024.
- ^ a b "Rwanda: Tory MPs under pressure to back Rishi Sunak's plan". BBC News. 2023-12-08. Retrieved 2024-07-22.
- ^ "Supreme Court rules Rwanda asylum policy unlawful". BBC News. 2023-11-15. Retrieved 2024-07-22.
- ^ "Second Carstairs inmate's freedom bid Child killer case puts loophole Bill to test". The Herald. 1999-09-06. Retrieved 2024-07-23.
- ^ "BBC News | Scotland | Ruddle Bill faces amendments". news.bbc.co.uk. Retrieved 2024-07-23.
External Links
[edit]- "Fast-tracked legislation / emergency legislation" - Institute for Government
- "Expedited legislation: Public bills receiving their second and third readings on the same day in the House of Commons" - House of Commons Library
