1. Ami Cochrane, Scrutiny Unit, House of Commons
September 2014
Pre-legislative scrutiny

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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

10. 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

11. What’s coming up
• Governance of National Parks (England)
and the Broads
• Riot (Damages) Act
• Protection of Charities