Ami Cochrane, Scrutiny Unit, House of CommonsSeptember 2014

Pre-legislative scrutiny

Scrutiny Unit

• Team providing specialist support for both– Scrutiny functions– Legislative processes

• Specialist skills include legal and legislative drafting, financial analysis, economics, statistics, accountancy, parliamentary procedure and logistical and administrative support for committees

• Examination of draft legislation crosses boundaries between scrutiny and legislative functions

What is pre-legislative scrutiny?

• Additional, early, examination stage of a bill• Follows publication of a bill in draft• Takes place before drafting (and possibly

policy content) is finalised

Who does Pre- Legislative Scrutiny• 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

Select and Joint Committees

Select Committee• No motion required • Committee structure

already in place so quick to start up

• PLS one task among many

• Existing knowledge and expertise

• Established systems of communication with Department

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

What does pre-legislative scrutiny look like?• Usually follows select committee procedures• Can look and feel very much like a select committee

inquiry– Written and oral evidence– Visits with evidence gathering– Report published

• Joint Committees follow Lords procedure• Collaborative, consensual exercise• Involvement of the Bill team

Definitely NOT like Public Bill Committees

The Committee’s Approach

• 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

What happens next?

Usually• Report – narrative (unlike Public Bill Committees)• Government Response – narrative again• Introduction and publication of revised Bill

Exceptions• Draft Enhanced Terrorism Prevention and Investigation

Measures Bill (2012)• Draft Voting Eligibility (Prisoners) Bill (2012-13)

Why do pre-legislative scrutiny?

• Consultation and public participation• Easier to alter bill while in draft• MPs [and Lords] and the public are better

informed• Real Bill goes through Parliament more

smoothly• Ultimately leads to better legislation

Why do pre-legislative scrutiny?It “provides an opportunity for the House,...for individual backbenchers, and for the Opposition to have a real input into... [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 ...pre-legislative scrutiny can be of real benefit to Government. It could, and indeed should, lead to less time being needed at later stages...Above all, it should lead to better legislation and less likelihood of subsequent amending legislation”.

Modernisation Committee, 2006

What’s coming up

• Governance of National Parks (England) and the Broads

• Riot (Damages) Act• Protection of Charities