Question to the Department for Education:

To ask Her Majesty’s Government what advice has been provided this Session for ministers or senior officials in the Department for Education on whether to use secondary legislation or primary legislation for significant legislation.

There has been no change in approach to the use of primary and secondary legislation since the General Election. Each piece of legislation is approached within the context of the policy and the existing legislative framework. There is no evidence of an increase in the number of statutory instruments laid since 2010 or since the General Election. Briefing produced by the House of Commons Library (CBP 7438) shows that the number of statutory instruments laid before the House of Commons peaked at 1,885 in the 2005-06 session, compared to 1,378 last session and 540 so far this session.