Part 4/8:
The speaker emphasizes that the increasing use of Henry VIII clauses in tax legislation is deeply troubling. These clauses now grant ministers unprecedented power to make distinctions between individuals—and even classify types of funds—by regulation, bypassing the usual legislative process. This move threatens the rule of law, as it allows the government to change legal parameters on the fly, potentially extending beyond democratic oversight.
Critics point out that while such clauses can be justified, their expanding application in tax law erodes legislative certainty. As these powers grow, the distinction between executive and legislative authority blurs, leading to concerns about accountability and transparency.