Our fundamental concern is that Incorporation by Reference (IBR) separates law-making from democratic oversight by Parliament. The authority to use IBR transfers power to create and amend regulations from elected representatives to unelected bureaucrats who are not directly accountable to voters. Combined with a regulatory policy that gives privileged access to corporations, the proposed use of IBR for internally-generated documents enables, encourages, and may even institutionalize the influence of lobbyist working on behalf of regulated parties over public regulators who should be working for the broader public interest. This unacceptably widens the gap between those responsible to the public and those making the laws that govern the public.
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