Press Story

False trade-off between ‘delivery’ and ‘deliberation’ led to “ineffective laws” in previous parliament, says new report

Think tank advises new government to “be the Tortoise to the last government’s Hare”

IPPR calls for the proposed Modernisation Committee to reform law-making and improve parliamentary scrutiny

A new report reveals that the previous UK government failed to fulfill promises of democratic renewal following Brexit. Instead, it centralised power and reduced parliamentary scrutiny in ways that undermined effective law-making.

The report concludes that the 2019-2024 UK government prioritised hasty delivery over thoughtful deliberation, ultimately leading to laws that did not fulfil their intended goals – and also had unintended harmful side-effects to the detriment of both democracy and effective governance.

Analysis of law making in the previous parliament found:

Poorly designed legislation: Major laws were often rushed, poorly drafted and required significant U-turns. For example, the Illegal Migration Act 2023 was subject to limited consultation, fast-tracked through Parliament, and yet the main duty in the Act was never brought into force.

Erosion of parliamentary scrutiny: Too much reliance on delegated legislation allowed ministers to make sweeping changes without proper parliamentary oversight. This approach, once reserved for technical matters, has expanded into broader policy areas, bypassing the role of MPs. For instance, the Retained EU Law Act gave ministers wide-ranging powers to revoke and replace laws that came from our EU membership.

Strain on devolution: The last government repeatedly ignored devolved legislatures’ objections, undermining the Sewell Convention, which stipulates that Westminster should not legislate in devolved areas without their consent. Scotland and Wales withheld their consent to 13 and 14 acts of parliament respectively in the last parliament, compared to a total of two and six acts respectively in all the preceding parliaments from 1997 to 2019 put together. This threatened to deepen divisions within the UK’s constitutional framework.

Disregard for international law: A trend of indifference towards the UK’s international legal commitments – with legislation breaching several important treaties, including the Refugee Convention and the European Convention on Human Rights (ECHR). For example, when publishing both the Illegal Migration bill and the Safety of Rwanda bill, the government was unable to declare that they were compatible with the ECHR.

As Parliament returns from recess and the government begins to bring forward its legislative agenda, the report emphasises that the trade-off between "delivery" and "deliberation" is a false one. A more reflective, accountable, and inclusive law-making process that is better rooted in the elected representatives of people is essential for effective, long-lasting laws that deliver on the government’s missions.

IPPR is warning the new government to not repeat the same mistakes by undermining parliament and by-passing scrutiny to rush new laws through. The new government must show greater respect to constitutional norms, the devolution settlement, and international law.

The think tank is calling on the new Labour administration – which proposed a new Modernisation Committee in its manifesto – to use the new committee to implement reforms to improve the law-making process, including by developing a memorandum of understanding with the government on clear criteria for the use of delegated legislation.

The report also suggests the Modernisation Committee explore how parliament could engage with the wider public on areas of legislation – for instance, through citizens’ juries or other forms of deliberative decision-making – to help inform how MPs consider new bills.

Marley Morris, associate director at IPPR and co-author of the report, said:

“Many people thought that by voting to leave the EU, they were ‘taking back control’. But in reality, the promise of democratic renewal has gone unfulfilled. Since Brexit, the previous government centralised power, limited parliamentary scrutiny and threatened the rule of law. This has led to ineffective laws that failed on their own terms.

“If the new Labour government can learn one thing from its predecessor, it should be that there is no simple trade-off between deliberation and delivery. In fact, debating and scrutinising new bills is often critical to making these laws work better in practice.”

Dr Parth Patel, principal research fellow at IPPR and co-author of the report, said:

“The way in which we are supposed to make collective decisions was treated with contempt by the previous government, leading to ineffective and illegitimate laws. It is one reason behind the growing number of people in this country who sense that have no capacity to shape the laws they live under.

“The new government has the opportunity to not repeat the same mistakes – they should be the Tortoise to the last government’s Hare. More deliberation and more democracy will make better legislation and have a more meaningful impact on people's lives.”

ENDS

Marley Morris and Dr Parth Patel are available for interview

CONTACT

David Wastell, Director of News and Communications: 07921 403651 d.wastell@ippr.org

Liam Evans, Senior Digital and Media Officer: 07419 365334 l.evans@ippr.org

NOTES TO EDITORS

Report is available here: https://www.ippr.org/articles/...
Advance copies of the report are available under embargo on request
IPPR (the Institute for Public Policy Research) is an independent charity working towards a fairer, greener, and more prosperous society. We are researchers, communicators, and policy experts creating tangible progressive change, and turning bold ideas into common sense realities. Working across the UK, IPPR, IPPR North, and IPPR Scotland are deeply connected to the people of our nations and regions, and the issues our communities face. We have helped shape national conversations and progressive policy change for more than 30 years. From making the early case for the minimum wage and tackling regional inequality, to proposing a windfall tax on energy companies, IPPR’s research and policy work has put forward practical solutions for the crises facing society. www.ippr.org