Parliamentary Scrutiny of Treaties


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Explanatory Statements on Amendments


Book Description

In this report the Procedure Committee invites the House to expand the tabling of explanatory statements on amendments to all bills at both Committee and Report stage from the start of the 2013-14 Session. Explanatory statements enhance MPs' ability to scrutinise legislation, unpacking complex or technical amendments and so opening up the legislative process to the wider public, as well as providing greater focus for Members' arguments during debates. There have been several previous pilots of explanatory statements. During the current session, MPs have been permitted to table explanatory statements to two bills. Having evaluated the pilot on the basis of criteria agreed between the Committee and the Leader of the House, the Committee concludes that the time has come to end the experimental approach and allow the culture of explanatory statements to embed itself, in a permissive environment where space is provided to backbench Members, the Government and the Opposition to ensure that explanatory statements become an accepted norm of the legislative process. The Committee considered the possibility of imposing a mandatory requirement at some or all stages, but concluded that to do so would risk restricting Opposition and backbench MPs from tabling amendments and would therefore be damaging to the House's ability to scrutinise legislation.




Monitoring written Parliamentary questions


Book Description

In October 2010 the Committee in response to a report by its predecessor committee began a trial exercise in monitoring unsatisfactory and late answers to written Parliamentary questions. With just over 50 complaints from Members in response to the exercise of which half were followed up. This resulted in answers for Members on a number of occasions in circumstances where they would otherwise have found difficult or impossible to follow up on an inadequate response. The exercise will now come to an end and be put on a more permanent footing.In consideration of a memorandum from the Leader of the House providing statistics on the time taken to respond to WPQs in 2010-12, the committee has sought explanations from Ministers in charge of poorly performing departments for the level of performance in the memorandum and what steps are being taken to improve these levels. The Department for Education had a particularly poor performance and evidence was taken from the Parliamentary Under Secretary and a senior official in the Department which the Committee found unsatisfactory with and so a follow up session with the Permanent Secretary and Secretary of State was undertaken. The Committee will continue its interest in the answering performance of this Department and hold it to further account should its performance not improve markedly.




The Fluid State


Book Description

The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are:How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived 'democratic deficit' in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere? The contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.




Review of the Backbench Business Committee


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Additional written evidence is contained in Vol. 2, available on the Committee website at www.parliament.uk/proccom




Legislative scrutiny


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The Constitutional Reform and Governance Bill was re-introduced in the House of Commons on 19 November 2009 and the Committee welcomes a number of aspects of the Bill which is implementing some of the commitments made by the Prime Minister in his Governance of Britain statement in July 2007. But the Committee considers there are a number of significant omissions from the Bill including in relation to judicial appointments, parliamentary scrutiny of security and intelligence matters, and the restrictive judicial interpretation of the meaning of public function in the Human Rights Act. They recommend amendments relating to the latter two points. They also look at Protest around Parliament, Ratification of Treaties and Right to a fair hearing and access to a court in the determination of civil rights.The Video Recordings Bill was introduced into the House of Commons on 15 December 2009 and is a fast track piece of legislation which repeals and revives the provisions of the Video Recordings Act 1984 in order to enable them to be notified to the European Commission under the Technical Standards Directive and so secure its enforceability. The Committee considers the human rights issues raised by this Bill should be subjected to parliamentary scrutiny. However as the 1984 Act, serves as an important child protection purpose, that are currently unenforceable, the Committee accepts the need for fast tracking this legislation and does not propose to further scrutinise this Bill.