Amendments are needed to strengthen the Withdrawal Bill’s provisions for scrutiny of Statutory Instruments

5GMFtvPS_reasonably_smallToday saw the start of two days of report stage debate in the House of Commons on the content of the EU (Withdrawal) Bill. At committee stage, amendments were made that created a new sifting committee for statutory instruments related to Brexit. Joel Blackwell, of The Hansard Society, argues below that the current proposals are insufficient to guarantee proper scrutiny and makes several recommendations for changes that can be made before the bill passes to the House of Lords.

The EU (Withdrawal) Bill, which returned to the House of Commons for its report stage today, was successfully amended at committee stage in December 2017 to create a mechanism which will allow MPs, via a new European Statutory Instruments sifting committee, to consider statutory instruments (SIs) made under the Bill’s widest delegated powers and recommend an upgrade in the level of scrutiny of those about which they have most concern.

This new scrutiny mechanism, incorporated through a series of amendments tabled by Procedure Committee Chair Charles Walker, is intended to constrain the wide Henry VIII powers the government will use to make changes to retained EU law via SIs (under clauses 7, 8 and 9 of the Bill).

But if MPs are serious about scrutinising the changes arising from Brexit, these amendments, and the related proposals to amend Standing Orders will, as currently drafted, offer only limited help. If MPs are not happy with what the government wants to do, they will still be unable to exercise any real influence on the substance of a Brexit SI.

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Reflections on the Speaker’s Digital Democracy Commission report

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Cristina Leston-Bandeira looks back at a year spent considering the options for the use of digital in UK government. She highlights key lessons that emerged from the process and introduces the report published on 26 January 2015.

Last month’s launch of the report of the Speaker’s Digital Democracy Commission (DDC) marks the end of an extraordinarily interesting year for us Commissioners. The DDC was established by the Speaker of the House of Commons to explore the potential of digital technology to support a modern and inclusive parliamentary democracy. Throughout the year we have collated evidence, listened to people and organised workshops across the whole of the country from all walks of life, as well as internationally. The report reflects this. It shows the diversity of views we have received on many issues from the making of legislation to the language of parliament.

As an academic used to interacting mainly with students, other academics and parliaments (I know, a very secluded world…), it has been a truly fascinating year. To hear what people think (or more likely do not think) of parliament in so many contexts has been a true privilege. From this the main thing I retain is that for most of us parliament is indistinguishable from government; most people assume parliament is government. Although theoretically I already knew this, this past year has made this all the more patent and visible to me.

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