Select Committee on Liaison First Report


3  Working practices

Innovations in committee practices

78. In last year's Report, we noted innovations by committees to supplement the traditional technique of a full committee collecting evidence in written form, taking formal oral evidence at Westminster, and then agreeing a report. In 2004 these continued to be developed, as we set out below.

CONNECTING WITH THE DEVOLVED ASSEMBLIES

Wales

79. The last year has seen a major step forward in joint working between the Welsh Affairs Committee and committees of the National Assembly for Wales. This has enabled an innovative and progressive approach to scrutiny of legislation affecting Wales. Following recommendations from the Procedure Committee, the House agreed that the Welsh Affairs Committee should be able to meet with the relevant committee of the National Assembly under an arrangement known as 'reciprocal enlargement'.[171] This involves one committee meeting under its normal procedures but with Members of the other committee taking part, and has led to oral evidence being taken at some meetings at Westminster under House of Commons procedures and at other meetings at Cardiff Bay under National Assembly rules.[172] Seven meetings have now been held under the reciprocal enlargement procedures.

80. Two bills relating to Wales have now been considered in this way: the draft Transport (Wales) Bill and the Public Service Ombudsman (Wales) Bill.[173] Reciprocal enlargement does not allow for the production of joint reports. However, the Welsh Affairs Committee and the Committees of the National Assembly have produced complementary reports on these two Bills. The Committee has also considered the Government's legislative programme for the current Session and has identified ten bills relating to Wales for further examination.

81. The authority for formal joint working between the Welsh Affairs Committee and Committees of the National Assembly was agreed to on a temporary basis and will expire at the end of this Parliament. We conclude that the success of formal joint working between the Welsh Affairs Committee and Committees of the National Assembly presents a strong argument for making permanent formal joint working in the next Parliament.

Northern Ireland

82. Since the suspension of the Northern Ireland Assembly in October 2002, the Northern Ireland Affairs Committee has had the additional responsibility of scrutinising the work of the departments of the Northern Ireland Executive. In January 2004, the Committee appointed a Sub-Committee, comprising all members of the main Committee, to consider matters that had fallen previously within the remit of the Northern Ireland Assembly.[174] This has enabled a more systematic and thorough approach to the scrutiny of devolved matters than was possible previously. The Sub-Committee benefits from the assistance of a clerk on secondment from the Assembly.[175]

Scotland

83. In the last year, the Scottish Affairs Committee has re-examined an aspect of the devolution legislation passed in the 1997-2001 Parliament. Following the provisional proposals of the Boundary Commission for Scotland to reduce the number of Scottish Westminster constituencies from 72 to 59, the Government announced that it would seek to amend the Scotland Act 1998, so that the number of Members of the Scottish Parliament would not as a consequence be reduced pro rata. The Committee has now issued its Report on the Coincidence of Parliamentary Constituency Boundaries and the Consequences of Change.[176]

INFORMATION GATHERING

84. Committees employed several innovative means of gathering evidence, beyond the usual public call for written memoranda. In its Duty of Care inquiry the Defence Committee took a range of measures to encourage individual recruits to make their views known on a confidential basis. As well as private meetings with recruits during their extensive programme of visits, the Committee had posters with information about the inquiry and contact details put up in training establishments. Small individual cards with similar information were also made widely available.

85. In its inquiry into Rehabilitation of Prisoners, the Home Affairs Committee invited over 1,000 prisoners to participate in a 'prison diary project'.[177] The Committee wrote to randomly selected individuals in six prison establishments, asking them to complete a seven-day diary of their prison routine. The project had a response rate of 31%, and the Committee commented that analysis of the diaries gave a valuable insight into the number of hours prisoners spend in education, vocational training, rehabilitative programmes, work schemes and leisure activities. The Committee found that the statistics they obtained through this project presented a picture significantly bleaker than that provided by Home Office statistics.[178]

86. In the course of its hearings into Orphans and Children made vulnerable by AIDS, the International Development Committee heard evidence from orphans and children made vulnerable by AIDs by way of a video-link with Kampala, Uganda.[179] The Committee comments that the children's testimony "gave them a voice and provided a moving tribute to their courage and resilience".[180] The Committee used the information gathered to press DfID to improve its new AIDS/HIV strategy. The Public Administration Committee also took a novel approach to information gathering: as part of its inquiry into Choice, Voice and Public Services, the Committee commissioned a survey from the National Audit Office on public attitudes to choice.[181]

On-line consultation

87. The Science and Technology Committee's ongoing inquiry into Human Reproductive Technologies and the Law deals with some extremely sensitive issues that have an impact on the everyday lives of members of the public. The Committee therefore decided to hold an on-line public consultation exercise before the start of the inquiry, in order to attract comments both from experts in the field and from people with relevant personal experiences who would perhaps not want to submit formal evidence to a select committee. The results were able to help frame the terms of reference for the inquiry. During the consultation period, 333 users registered to take part in the on-line forum; 111 of those users logged onto the site and posted a total of 554 messages. Of those who actually took part in the consultation, approximately half were affiliated to an interested organisation, and half were private individuals. The Committee also offered contributors to the on-line consultation the opportunity to appear to give oral evidence as part of the formal inquiry, and 12 were selected. This gave the Committee the opportunity to probe some of the issues raised during the consultation in greater detail.[182]

88. The Northern Ireland Affairs Committee also made use of an on-line consultation process as part of its ongoing inquiry into 'Hate Crime' in Northern Ireland. The Committee comments that this process enabled it to gather some interesting contributions.[183]

CO-OPERATION BETWEEN COMMITTEES

89. Committees worked co-operatively in order to achieve better scrutiny of European matters. The European Scrutiny Committee twice made use of its power to request an opinion from a departmental select committee, both times on subjects on which the departmental select committee had conducted or was conducting an inquiry. The European Scrutiny Committee asked the Science and Technology Committee, which had recently completed an inquiry into nanotechnology, for its opinion on the Commission's document on that subject.[184] The European Scrutiny Committee described the Science and Technology Committee's response as "helpful" and put further questions to the Minister based on the response before agreeing to clear the document. The European Scrutiny Committee has also requested an opinion from the Health Committee on a draft Regulation on medicinal products for paediatric use.

90. When, in July 2004, the European Scrutiny Committee recommended a debate in a European standing committee on a document relating to the integration of financial services, it indicated that the debate would benefit from any advance preparatory work that might be done by the Treasury Committee. The Treasury Committee took the opportunity to take oral evidence from a wide range of witnesses, including the Financial Services Authority, consumer bodies and trade organisations; as a result, useful evidence was made available to Members participating in the debate.[185]

SOURCES OF ADVICE

91. Committees also receive advice from the Scrutiny Unit, the work of which has already been mentioned, and from specialist advisers appointed on an ad hoc basis.[186] The work of the Scrutiny Unit on financial reporting and related matters, encompassing the Estimates, departmental spending plan reports and annual performance reports as well as the resource accounts, has brought a new dimension to the ability of the select committee system as a whole to compare and contrast the performance of different departments in this area, to identify significant shortcomings and to encourage the spread of best practice. In addition, secondees from the House of Commons Library have assisted both the core work of committees and the statistical analysis carried out by the Scrutiny Unit.

92. As a supplement to these sources, the Environmental Audit Committee notes that is has been receiving increasing levels of support from the National Audit Office (NAO). The NAO has responded to a number of specific requests from the Committee for assistance and has provided a number of reports and briefings. The Committee describes the informal working relationship that has been established as a "step-change" in the resources available to the Committee; it is pressing for a formalisation of the arrangement.[187]

Co-operation between committees and government departments

93. Some committees have commented, in their annual reports, on the particularly good systems for information provision which they have agreed with their respective government departments. The Northern Ireland Committee describes the system it instituted in 2002, whereby the Northern Ireland Office updates the Committee about its activities at regular intervals, as an extremely useful aid to scrutiny.[188] The system alerts the Committee to the wide range of work in progress across all parts of the NIO and the Northern Ireland departments.[189]

94. In a similar vein, the Transport Committee reports that, as a result of discussions between committee staff and DfT officials, the DfT has agreed to send a wide range of information to the committee secretariat without it having to be specifically requested, including all statutory instruments, departmental consultations and agendas of forthcoming European Transport Council meetings. The Committee comments that this system has increased the Committee's overall awareness of DfT's activities, and given the Committee the opportunity to intervene in these activities if it so wishes.[190]

Deficiencies in information provided

95. By contrast, some committees have commented in their annual reports on deficiencies in the information provided to them by departments. Committees' concerns relate to the timeliness and quality of departments' responses to committee requests for information or formal written evidence and of Government responses to committee reports. Concerns are also expressed about departments failing to keep committees adequately informed of important announcements and decisions. For example:

  • The Constitutional Affairs Committee comments that it has not always received papers of an adequate standard from the DCA and that it has had some difficulty in getting trustworthy statistical analysis of data on several occasions.[191]
  • The Environmental Audit Committee again raises concerns about the quality of Government responses to its reports, which it describes as "extremely variable in content".[192] The Committee considered one Government response, in particular, to be "lamentable" as it "scandalously failed to respond at all" to several of the Committee's recommendations.[193] The Committee notes that Government responses to its reports are regularly late. The Committee acknowledges that this is sometimes understandable, as responses have to be marshalled across several government departments and collated within Defra, but states that it is not always kept properly informed of possible delays.
  • The EFRA Committee reports on the difficulties it has sometimes experienced in arranging evidence sessions with Defra ministers and expresses the hope that the Secretary of State for Environment, Food and Rural Affairs will appear on a more regular basis before the Committee than has hitherto been the case. The Committee suggests that the problems it has experienced in securing the attendance of ministers may reflect a wider lack of understanding within Defra about the priority that should be given to the work of the Committee and to Parliament as a whole.[194] The Committee also draws attention to a general lack of timeliness on Defra's part in responding to requests for information in writing, for written memoranda on inquiries and in providing government responses within the standard two-month deadline.[195]
  • The Science and Technology Committee expresses its frustration with the Government's response to its Report Scientific Publications: Free for all?[196] The response argued against a number of recommendations that the Committee did not in fact make. The Committee also raises concerns that a NDPB was put under pressure by the DTI not to submit an independent, and divergent, response to the Committee's Report. It regards the approach taken by the DTI as having been "unduly sensitive" in this case. Finally, the Committee comments on the particular difficulties it faces dealing with departments across government, due to the cross-cutting nature of science policy, a situation which the Committee feels has hampered its investigations on a number of occasions.[197]
  • The Work and Pensions Committee expresses its disappointment about the Department for Work and Pensions' failure to inform the Committee of several important publications and statements, which it attributes to an apparent lack of co-ordination within the DWP which leaves their liaison team ill-informed. The Committee urges the DWP to ensure that the Committee has appropriate information supplied at the earliest possible time, if necessary by direction from the highest level.[198]

96. We note the concerns of some committees about the quality of service provided by certain government departments. Good working relationships between departments and select committees are crucial to effective parliamentary scrutiny. We expect the departments concerned to consult the relevant committee/s in order to address committees' concerns. In particular, it is crucial that departments:

  • keep committees properly informed of important announcements and decisions and of publication of key documents;
  • respond to committees' requests for information in a timely fashion, with information of a high quality which engages with the issues identified by committees; and
  • keep committees informed of anticipated delays to departmental responses to such requests.

97. We expect departments to ensure that Government responses to committee reports are delivered within the standard two-month deadline. Committees should be kept informed of any anticipated delay, and the reasons for it. In its responses, the Government should ensure that it engages meaningfully with the substance of committees' conclusions and recommendations.

98. In the case of reports agreed ahead of a Dissolution, we would expect Government responses to be published within two months of the date of the General Election. This would ensure that they are published without undue delay, and available to any successor committee.


171   Welsh Affairs Committee, Fourth Report, of Session 2002-03, The Primary Legislative Process as it affects Wales, HC 79; Procedure Committee, Third Report of Session 2003-04, Joint activities with the National Assembly for Wales, HC 582; agreed by the House on 7 June 2004. Back

172   HC (2004-05) 256 Back

173   HC (2003-04) 759; Welsh Affairs Committee, Third Report of Session 2004-05, Public Services Ombudsman (Wales) Bill [HL], HC 234 Back

174   HC (2004-05) 262 Back

175   Ibid., para 4 Back

176   Scottish Affairs Committee, First Report of Session 2003-04, Coincidence of Parliamentary Constituency Boundaries in Scotland and the Consequences of Change, HC 77 Back

177   HC (2004-05) 280, paras 25 and 26 Back

178   HC (2004-05) 193-I, para 37 Back

179   International Development Committee, Orphans and Children made vulnerable by AIDS, 4 May 2004, 20 May 2004 and 1 July 2004, HC 573 Back

180   Ibid., paras 28 and 29 Back

181   HC (2004-05) 306, para 6 Back

182   HC (2004-05) 199, para 44 Back

183   HC (2004-05) 262, para 21 Back

184   The Science and Technology Committee's Report was its Fifth Report of 2003-04, Too little too late? Government Investment in Nanotechnology, HC 56-I. Back

185   HC (2004-05) 185, para 7 Back

186   See paragraphs 52-54. Back

187   See Appendix 2. Back

188   Northern Ireland Affairs Committee, Second Report of 2002-03, Annual Report 2002, HC 271, para 17 Back

189   HC (2004-05) 262, para 34 Back

190   HC (2004-05) 251, para 16 Back

191   HC (2004-05) 207, para 33 Back

192   See Appendix 2. Back

193   Environmental Audit Committee, Third Report of Session 2003-04, Pre-Budget Report 2003: Aviation Follow-up, HC 233-I and HC (2003-04) 623 Back

194   HC (2004-05) 281, paras 27-29 Back

195   HC (2004-05) 281, paras 40-45 Back

196   Science and Technology Committee, Tenth Report of 2003-04, Scientific Publications: Free for all?, HC 399-I, paras 36-41 Back

197   HC (2004-05) 199, paras 36-37 Back

198   HC (2004-05) 133, para 14 Back


 
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