LEG(2) 14-06

LEGISLATION COMMITTEE

The Technical Scrutiny of Legislation at Westminster

This note provides a very brief summary of the scrutiny of legislation and related matters at Westminster. The scrutiny work discussed at earlier stages of the Legislation Committee's review has covered a wide range of issues. In Westminster, the total number of Members across both Houses enables the work to be divided between a large number of Committees (further details of some Committees have also been provided when the Parliament website has the information in a useful format) -

Joint Committees

Joint Committee on Human Rights

Remit: The Committee is charged with considering human rights issues in the UK. However, the Committee is not allowed to investigate individual cases.

Welsh Members: None.

Joint Committee on Statutory Instruments

Remit: The Joint Committee on Statutory Instruments is responsible for scrutinising statutory instruments made in exercise of powers granted by Act of Parliament.

Welsh Members: Baroness Gale.

House of Commons Committees

European Scrutiny Committee

Remit: The Committee assesses the legal and/or political importance of each EU document, decides which EU documents are debated, monitors the activities of UK Ministers in the Council, and keeps legal, procedural and institutional developments in the EU under review.

Welsh Members - Wayne David MP and Nia Griffith MP.

Regulatory Reform Committee

Remit: The Regulatory Reform Committee (successor to the Deregulation Committee) scrutinises Government proposals for regulatory reform orders under the Regulatory Reform Act 2001.

Welsh Members - None

Select Committee on Statutory Instruments

Remit: The Select Committee on Statutory Instruments is responsible for scrutinising all statutory instruments laid only before the House of Commons. Its work is closely related to that of the Joint Committee on Statutory Instruments.

Welsh Members: None.

House of Lords Committees

Constitution Committee

Remit: The Committee has been appointed "to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution." The Committee has both a scrutiny function in examining public bills for matters of constitutional significance, and an investigative function in carrying out inquiries into wider constitutional issues.

Welsh Members: Lord Rowlands.

European Union Select Committee

Remit: The Committee’s Terms of Reference are "To consider European Union documents and other matters relating to the EU".

Welsh Members: None.

House of Lords Select Committee on Delegated Powers and Regulatory Reform

Remit: The Delegated Powers and Regulatory Reform Committee is appointed by the House of Lords in each session with the orders of reference "to report whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate level of parliamentary scrutiny; to report on documents and draft orders laid before Parliament under the Regulatory Reform Act 2001; and to perform, in respect of such documents and orders and subordinate provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments".

Welsh Members: None.

House of Lords Select Committee on the Merits of Statutory Instruments

Remit: The Committee was first appointed on 17 December 2003 to examine the merits of any statutory instrument which is subject to either the affirmative or negative procedure. The Committee draws to the "special attention of the House" any instrument laid in the previous week which it considers may be:

a) politically or legally important or that gives rise to issues of public policy likely to be of interest to the House;

b) inappropriate in view of the changed circumstances since the passage of the parent Act;

c) inappropriately implementing European Union legislation; or

d) imperfectly achieving its policy objectives.

Welsh Members: Baroness Morgan of Drefelin.

Whilst this highlights the extent of scrutiny work that could be carried out by more than 1350 members, it does not assist the Committee greatly in considering how scrutiny work might be carried out by an Assembly of only 60 members.

Gwyn Griffiths May 2006

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