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‘Respect for Law and Sausages’: How Parliament Made Section 31 of the Growth and Infrastructure Act 2013 on the Sale of Employment Rights
Authors:LORD PANNICK QC
Institution:1. Barrister at Blackstone Chambers in the Temple;2. a Fellow of All Souls College, Oxford;3. and a crossbench peer in the House of Lords.
Abstract:The Parliamentary debates on the clause which became section 31 of the Growth and Enterprise Act 2013 (allowing employees to agree to sign away employment rights for shares in the employing company) show that scrutiny by the House of Commons is very poor, and that scrutiny by the House of Lords is intense and very well‐informed. If the Government loses the argument on a Bill in the House of Lords, it will lose the vote. However, during Parliamentary ping‐pong (the back‐and‐forth process of amendment of a Bill between the two Houses) the Commons, and the Government, will normally get their way, however weak the policy proposal, provided that concessions on detail are made, unless the issue is regarded by the Lords as one of fundamental principle.
Keywords:Lords  Parliament  legislation  scrutiny  Crossbenchers
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