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Pre-Legislative Scrutiny in the
House of Commons
Jessica Mulley, Scrutiny Unit
Provides an opportunity for the House for individual backbenchers, and for the Opposition to have a real input into the form of the actual legislation … not least because Ministers are likely to be far more receptive to suggestions for change before the Bill is actually published.
It opens Parliament up to those outside affected by legislation.
It could, and indeed should, lead to less time being needed at later stages of the legislative process
Above all, it should lead to better legislation and less likelihood of subsequent amending legislation.” Modernisation Committee, 1997
Purpose
Consultation and public participation
Easier to alter bill while in draft
MPs [and Lords] better informed
Real Bill goes through Parliament more smoothly
Better law
Benefits
Departmental Committee (Commons)
Temporary Joint Committee (both Houses)
Specialist Committee◦ Eg Delegated powers and regulatory reform
Committee; Joint Committee on Human Rights
Other Committee (either House)◦ Sub-Committee
Who Does PLS?
Select vs Joint: Pros and Cons
Joint Committee• Committee appointed
by motion of both Houses
• Can be slow to start up but with only one task
• Systematic• Staff may have limited
background knowledge but will be more focussed
• Exposure of the draft Bill to both Houses
Departmental Select Committee
No motion required Committee structure
already in place so quick to start up
PLS one task among many (not a priority?)
Existing knowledge and expertise
Established systems of communication with Department
Usual Select Committee procedure Joint Committees follow very similar
procedure (Joint Committees follow Lords’ procedures)
Definitely not Public Bill Committee procedure
Procedure?
Process?COMMITTEE APPOINTED
WRITTEN EVIDENCE
ORAL EVIDENCE
CONSIDERS REPORT
Different Approaches:
◦ Scrutiny of the underlying policy◦ Focus on the drafting of the Bill
◦ A mixture of the two
Relevant factors:
◦ Nature of underlying policy◦ Length of draft Bill and timeframe
◦ Committee membership◦ Evidence
The Committee’s Approach
Approaches: Pros and ConsGeneral/ policy
approach Easier to engage
Committee Written evidence will
tend to focus on policy issues
Provides a different perspective for the Public Bill Committee
Detailed approach Thorough scrutiny of
Bill Time-consuming More appropriate for a
long inquiry or for short bills
Provides useful material for a Public Bill Committee
Good scrutiny makes for good governmentRobin Cook MP
Leader of the House 2001-03
