1. Pre-Legislative
Scrutiny in the
House of
Commons
Jessica Mulley, Scrutiny Unit

2. 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

3. 
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

4. 
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

5. 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
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

6. 


Usual Select Committee procedure
Joint Committees follow very similar
procedure (Joint Committees follow Lords’
procedures)
Definitely not Public Bill Committee procedure

8. CO M TTEE APPO NTED
MI
I
W TTEN EVI DENCE
RI
O
RAL EVI DENCE
CO DERS REPO
NSI
RT

9. 
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

10. General/ 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

11. Good scrutiny makes for good
government
Robin Cook MP
Leader of the House 2001-03

12. Jessica Mulley
Head of the Scrutiny Unit, House of Commons
020 7219 8370
mulleyj@parliament.uk