What is super-affirmative action?

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On 6th April 2010, Leader of the House, Harriot Harman said of the Digital Economy Bill [1]

"However, I know that Members want it to be scrutinised in this House too, and there will be a further chance for scrutiny at the time of making the regulations to give powers to the courts to block access to internet sites in relation to copyright infringement. As that element of the Bill has generated much debate, those regulations will be subject to a super-affirmative procedure

There will be a public consultation on the draft regulations prior to their being laid in Parliament and they will be laid in draft in the House with an explanation of why they satisfy the necessary thresholds required to make the regulations. Those thresholds are set out in the Bill. At the same time, the public consultation response will be published. Draft regulations will sit in the House for 60 days and, at the same time, Committees of both Houses will consider them. That is the critical part of the super-affirmative procedure. It allows Committees, including Members of this House, to consider the provisions even though there will not be Committee stage in the normal way. Final regulations that take into account the recommendations of the Committees will be laid in Parliament and will be subject to the normal affirmative procedure. Of course, the Bill will make progress in the wash-up only on the basis of consensus."

This Site explains what a Super-Affirmative procedure is.

So, it would seem that whilst the act is now law there will be a further consultation period before it is decided how the laws are implemented. See Is the battle now lost? for more info on the consultation stage.

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