
The Commons will today debate the motion to approve the statutory instrument the 'Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023' after the Lords voted to reject this draconian law only weeks ago. This is both a highly controversial measure to rewrite what constitutes serious disruption AND a constitutional first.
We need to convince Labour that such a constitutional change, about whether a Minister has the authority to overturn a parliamentary vote by using regulations, requires the assent of both houses and also, to accept that the Lords are not bound to back down as the government has no electoral mandate to do this.
As a fundamental constitutional question, the Lords can legitimately stop the government from overstepping their powers and eroding the supremacy of Acts of Parliament. Making new laws by Ministerial decree is a big constitutional change.
We need Labour to understand that this Fatal Motion is a defence of the long established status quo, and avoids setting a precedent that parliamentary votes can be overturned a few months later, by Ministerial decisions. It is the government who are trying to do something which has never been done. It would mean that any Minister could change any law, at any time, on their own initiative, without proper scrutiny.