The document discusses pre-legislative scrutiny, which allows Parliament and outside groups to provide input on draft bills before they are finalized. This benefits both the government and those affected by creating opportunities for consultation and making it easier to alter bills early on. Pre-legislative scrutiny can be conducted by select committees, joint committees of MPs and peers, or ad hoc committees. It aims to result in better legislation and a smoother legislative process overall.

1. Pre-Legislative Scrutiny
David Lloyd, Head of the Scrutiny Unit, May 2016

2. Purpose?
Pre-legislative scrutiny
“provides an opportunity for the House as a whole, for individual
backbenchers, and for the Opposition to have a real input into the form
of the actual legislation which subsequently emerges, 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. At the same time such pre-legislative
scrutiny can be of real benefit to the Government. 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. Benefits of Pre-Legislative Scrutiny
• Consultation and public participation
• Easier to alter bill while in draft
• MPs and Lords better informed
• Bill proper goes through Parliament more
smoothly
• Better law

4. Pre-Legislative Scrutiny
Draft Bills and clauses may be considered by
– Departmental select committees
– Joint Committees of MPs and Peers
– Ad hoc select committees

5. Select or Joint Committee
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
• Exposure of the draft Bill to both Houses

6. What is the procedure?
• Usual Select Committee procedure
• Joint Committees follow very similar procedure (like Lords
SC procedure)
• Definitely not Public Bill Committee procedure

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. Process
COMMI TTEE APPOI NTED
WRI TTEN EVI DENCE
ORAL EVI DENCE
CONSI DERS REPORT