A written question was submitted by Lord Lester of Herne Hill
To ask Her Majesty's Government why their Final Report on the Review of the Executive Royal Prerogative Powers does not propose placing all executive prerogative powers identified in the report under parliamentary authority. [HL6204]
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach): The Government believe that to place all the executive prerogative powers under specific parliamentary authority without detailed consideration of individual powers would considerably increase uncertainty, delay and the risk of legal challenges, to no significant advantage. Ministers are already accountable to Parliament for the exercise of all executive prerogative powers. The Government consider that there is nevertheless a case to be made for reform of some individual powers in order to increase the level of parliamentary scrutiny and control. For example, the Constitutional Reform and Governance Bill would place management of most of the Civil Service on to a statutory footing and would increase the level of parliamentary scrutiny of treaty-making. The Government will also propose a parliamentary resolution dealing with the commitment of Armed Forces to armed conflict overseas.