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The Strathclyde recommendations are based on a false premise that there is a convention that the Lords does not reject statutory instruments

Please note that this blog piece was originally published on the Constitution Unit blog on 14 January 2016, and is available here.

Lord Norton of Louth argues that the Strathclyde Review recommendations are based on a false premise that there is a convention that the Lords does not reject statutory instruments.  Instead of rushing into wider changes the immediate response to October’s tax credits controversy should be to address the inconsistency in the way Commons financial privilege is recognised in relation to SIs. In the longer term there is a case for a wider review of how both houses deal with secondary legislation.