1. Pre- and Post-Legislative
Scrutiny
Jessica Mulley, Head of the Scrutiny Unit, House of Commons
March 2013

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. Why do pre-legislative scrutiny?
• To improve legislation
• To seek consensus around the principle and/or mechanics of
legislative
• Provide greater opportunity for individual MPs to affect laws
• To increase public participation in law-making
• To reduce the amount of parliamentary time required for
consideration of the subsequent substantive bill
• To enable easier amendment of legislative proposals

5. Why do pre-legislative scruntiny?
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 legislative”.

6. Who does pre-legislative scrutiny?
• Departmental select committees (Commons only)
• Ad hoc (temporary) select committee (Commons only)
• Ad hoc (temporary) joint committee (Lords and Commons)
• Existing specialist committees - eg
– Delegated Power and Regulatory Reform (Lords)
– Joint Committee on Human Rights (Commons and Lords)
• Other committee

7. Existing vs ad hoc committees
Existing Ad hoc
• No motion required • Appointment motion(s)
• Committee structure already in required
place • Single-tasked
• PLS one task among many • Membership appointed for
• Existing knowledge/expertise purpose
• Established relationships – • Defined out-date
with Department, • If joint, exposure in both
stakeholders, etc Houses

8. 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, forums, evidence gathering
– Report published
• Joint Committees follow Lords procedure
• Collaborative, consensual exercise
• Involvement of the Bill team
Definitely NOT like Public Bill Committees

9. 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)

10. Post-legislative scrutiny
“Post-legislative scrutiny appears to be similar to motherhood and
apple pie in that everyone appears to be in favour of it.
However, unlike motherhood and apple pie, it is not much in
evidence” Lords Constitution Committee, 2004
• 2008 – New process established (Cm 7320)
• All Acts (with some exceptions) should be subject of preliminary
assessment by Government and subject of memorandum to
relevant DSC within 3 to 5 years of coming into force
• At start of each year, agreement on which Acts to be assessed
• Next steps to be determined by Committee (who often call on
Scrutiny Unit)

11. Examples of full inquiries
• Justice Committee on the • Lords Committee on
Freedom of Information Act Adoption (2012)
2000 (2011-12)
• Public Administration Select
Committee on the Charities
Act 2006