Yes that's part of it. Actually, use of delegated legislation (statutory instruments/Henry VIII clauses) has been a problem for a long time. Apart from the odd Guardian blog, an Independent front page or a Criminal Law weekly editorial here or there nobody seems to have taken that much notice though. While we've (broadly) not been looking, delegated legislation has been used to remove student maintenance grants, enact changes to the electoral register that saw 800,000 mostly young people drop off it, allow fracking under national parks and heritage sites, and make winter fuel allowance cuts to expat pensioners. I've read that New Labour alone used it to create 3,000 new offences, over a third of which carried (carry?) prison sentences. But that's as nothing to the outing it got with the Coalition.
As the Hansard Society said in 2014:
In recent years, the use of delegated legislation by successive governments has increasingly drifted into areas of principle and policy rather than the regulation of administrative procedures and technical areas of operational detail. There has been such an expansion in the scope and application of powers and procedures that a precedent could arguably be found to justify almost any form of delegation a minister might now desire.
The scrutiny process for delegated legislation has become unnecessarily complex such that most MPs simply don’t understand it. And the procedures - particularly those for praying against negative instruments and Delegated Legislation Committee debates for affirmative instruments – are illogical and weak. The process confuses and intimidates in equal measure, serving to wrap it in a fog of obscurity.
Business and civil society groups with a real interest in a particular subject are often baffled by the process. The role and interests of the public are almost completely ignored. The complexity of the process, the lack of understanding among parliamentarians and the public, the uneven application of processes and procedures, and the extent to which these now undermine the principle and time-saving purpose of delegation all point to a system that is not fit for purpose.
The defects in the system are now so serious that piecemeal reform of existing processes and procedures is likely to exacerbate rather than ameliorate the problems.
But the powers that come back with Brexit are definitely more significant than reintroducing fox hunting or forcing through £4bn of tax cuts (both attempted by Cameron and Osbourne using delegated legislation) and suddenly there's such a brou-ha-ha about it that even Mumsnet can get its knickers in a good old twist
. I think there's a good chance the root-and-branch reform that the Hansard Society has been calling for might finally come to pass, should the Lords not get their way. That is definitely a good thing.
Guardian blog
New Statesman comment
Independent article
Hansard Society report