The Legislative Process: 1st Report of Session 2005-06 Report, Together With Formal Minutes, Oral and Written Evidence


Book Description

This report makes a number of conclusions and recommendations for revised procedures so that it is easier for the general public, as well as lobby groups, representative organisations and other stakeholders to influence Parliament's consideration of bills. Issues discussed include: the volume of legislation; pre-legislative scrutiny; information about bills; programming; second, committee and third reading stages; consideration of Lords amendments; timing of votes; and resource implications. Recommendations include that pre-legislative scrutiny of draft bills should become more widespread, and as a matter of routine, Government bills should be referred to committees with the power to take evidence and to amend bills. For greater clarity, standing committees should be renamed as 'public bill committees' in relation to bills and 'delegated legislation committees' in relation to statutory instruments. The standing committee stage could be improved by increasing the notice period for amendments, and the Commons should begin to computerise standing committee papers and provide on-screen access to papers in committee rooms. There should be a more flexible approach to the timing of bills to allow for longer second reading debates on some bills and shorter debates on others as required. Parliament should improve the quality of its information provision, using a series of 'legislation gateways' on its internet site to provide a single source of information for each bill, and there should be greater use of information currently available, such as the Government's Regulation Impact Assessments.




Congressional Record


Book Description

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)




Legislative and Regulatory Reform Bill


Book Description

The central provisions of part 1 of the Bill introduce a new power under which ministers may make orders which amend primary legislation, but this power is not subject to the constraints and restrictions which apply to the existing system of regulatory reform orders. This report's purpose is to assist the House of Commons in its consideration of the Bill at report stage and third reading. The Regulatory Reform Committee (RRC) had earlier reported on the Bill (HC 878, session 2004-05, ISBN 0215027361), and made many recommendations which the Government accepted. The Committee regrets that promised Government amendments to the Bill accepting the RRC recommendations have not been presented. The Government chose not to commit consideration of Part 1 to a committee of the whole House, which the Committee finds unusual in a Bill of such major constitutional importance. And the time allowed for report and third reading stages is insufficient. The Committee does not believe that the fundamental concerns over the powers in the Bill can be addressed by ministerial assurances. The merits of any legislation must be judged by what its provisions state. The provisions of this Bill, as reported from the standing committee, do not provide adequate levels of parliamentary scrutiny over, or safeguards against the misuse of, the order making powers they contain.




Scrutiny of the draft legislative programme


Book Description

This report, from the Select Committee on Modernisation of the House of Commons, presents the first inquiry into the Governance of Britain, all issued as Command Papers and published in 2007: (Cm. 7170, ISBN 9780101717021; Cm. 7175, ISBN 9780101717526; Cm. 7192, ISBN 9780101719223; Cm. 7210, ISBN 9780101721028; Cm. 7231, ISBN 9780101723121; Cm. 7235, ISBN 9780101723527; Cm. 7239, ISBN 9780101723923). It considers Parliament's role in scrutinising the proposed legislative programme, including arrangements for publication and debate as well as wider consultative strategies. The Committee has set out a number of conclusions and recommendations, including: the Committee believes that the use of plain English in the Draft Legislative Programme is to be commended, and the Government should consider extending the approach to programmed Bills on a trial basis; that the Government's main non-legislative plans should be included in the Draft Legislative Programme, alongside the list of proposed bills, in order that a full programme of government is available for scrutiny; that there is a benefit to be derived from the presentation of the Government's legislative programme as a whole and that the Draft Legislative Programme should be published earlier in the year, preferably before Easter, so that select committee scrutiny and public consultation can be carried out more effectively; that the Draft Legislative Programme should be the subject of a separate debate in Parliament.




How Our Laws are Made


Book Description




The Sewel Convention


Book Description

The Sewel Convention seeks to ensure that the UK Parliament legislates on devolved matters only with the express agreement of the Scottish Parliament, and consent is also required for legislation on reserved matters if it alters the powers of the Scottish Parliament or Scottish Ministers. Following on from a report by the Scottish Parliament Procedures Committee on the operation of the Convention (SP paper 428, 7th report, session 2 (2005) (ISBN 1406113220) published in October 2005), the Committee's report focuses on ways of improving the communications procedure between the Scottish and Westminster Parliaments, and how MPs could be better alerted that a particular Bill before Parliament had been subject to a Sewel motion in the Scottish Parliament. Recommendations made include: the introduction of a formal process whereby the Scottish Parliament notifies Westminster when a Sewel motion has been passed and the 'tagging' of all relevant public Bills; and the need for an explicit statement on explanatory notes to Bills as to which parts of the UK the provisions will affect. The report also recommends the further consideration of the need to establish a 'Super' Scottish Grand Committee, composed of Scottish MPs, MSPs and Scottish MEPs, to discuss matters of mutual interest.




Revitalising the Chamber


Book Description

This report makes recommendations to improve the process by which Members learn and develop their careers. If implemented the recommendations would mean: extending the period between a General Election and the date of first sitting, to allow for a longer period of induction; allocating part of most question times to topical questions; extra debates on topical matters on a weekly basis; shorter debates on most general issues and some legislation; a weekly half-hour slot for debating Select Committee Reports; more comprehensible motions; shorter speeches; greater flexibility on time limits on speeches; and the reintroduction, on a trial basis, of Private Members' Motions in Westminster Hall.




Re-licensing


Book Description

The Licensing Act 2003 brought ten existing licensing schemes administered by local authorities into one new regime, and created more flexible licensing hours. This report concentrates on the technicalities of licensing: all those applying for a licence for the first time or needing a new licence under the Act had to submit applications by a certain date. The transition period was in 2005, and it soon became apparent that people involved in the 're-licensing' process were encountering difficulties. The Committee finds that the Department for Culture, Media and Sport (DCMS) has failed to administer the transition period effectively. Despite a two-year gap between the passing of the legislation and the implementation of the Act, regulations and guidance were issued late, and proved to be contradictory and confusing. Local authorities were unable to train staff or prepare application materials in good time. There was inadequate support from central government for local authorities. Many licensing fees rose dramatically, leading to concerns that some small businesses might abandon their licensable activities. The regulatory burden on residents, licensees and local authorities appears to have increased. The government does not appear to recognise some of the issues hindering the smooth operation of the Act. Overly-prescriptive regulations and unhelpful constraints on local government structure are both causing difficulties.




The Courts


Book Description

The Committee's report examines the small claims system in the county court, focusing on the following issues: provision of IT facilities and listing procedures, enforcement of judgements, limits on claims for personal injury and housing disrepair, and proposals for a European Small Claims Procedure to cover cross-border cases. The Committee finds that the small claims system generally works well in providing a low cost, good quality procedure for large numbers of litigants which is more informal and quicker than ordinary proceedings. However, the report also identifies a number of areas for improvement, including the need to introduce electronic document management and listing software to increase work efficiency; to improve enforceability of judgements; and to review financial limits for claims relating to personal injury and housing disrepair.




Freedom of Information - One Year on


Book Description

The Freedom of Information (FOI) Act and the new Environmental Information Regulations came into force fully on 1 January 2005. They give people the right of access to information held by over 100,000 public authorities across the UK. This inquiry examines the first year's experience of FOI and considers the impact which it has made. The implementation of the FOI Act has already brought about the release of significant new information. The Committee is impressed by the efforts made by public authorities to meet the demands of the Act. The most commonly cited problem for requesters was delays in responding to requests. Published data show that there are many cases where the 20 day statutory response time is not being complied with, and lack of interpretation in the code of practice as to 'reasonable' time limits enables public authorities to make indefinite extensions of many months. The report identifies a number of areas where the Department for Constitutional Affairs (DCA) should improve compliance, the immediate priority being a more assertive enforcement of the law. The complaints resolution process provided by the Information Commissioner's Office during 2005 was unsatisfactory, with many delays in starting investigation of complaints, and concerns over the standard of investigation and information provided in the decisions. The Committee welcomes the Commissioner's proposals to increase efficiency and effectiveness, and would like the Commissioner to be directly responsible to, and funded by, Parliament. Another area of concern is the long-term preservation of electronic records. Records management practices in some public authorities need substantial improvement. Plans are needed to handle the rapid and significant changes in technology and the inevitable degradation of storage media. Freedom of Information has no force without a proper commitment to ensure that the information held is in a retrievable form.