Select Committee on Liaison First Report


APPENDIX 1: DRAFT BILLS AND PRE-LEGISLATIVE SCRUTINY

Note by the Head of the Scrutiny Unit

1. Draft bills are usually scrutinised either by a joint committee or by the relevant Commons select committee. The Scrutiny Unit (together with Lords staff) clerks any joint committees and usually assists select committees conducting pre-legislative scrutiny.

2. The number of draft bills has varied greatly from one session to another:

Draft and government bills presented: 1997-98 - 2004-05


  
Number of draft bills presented
Number of government bills published

1997-98
3
53
1998-99
6
31
1999-00
6
40
2000-01
2
26
2001-02
7
39
2002-03
101
36
2003-04
12
36
2004-05
52
32

Notes: 1 Includes draft clauses of the Police (Northern Ireland) Bill and the Gambling Bill
  2 Includes draft clauses of the Company Law Reform Bill
Source:House of Commons Library


3. Draft bills published from Session 2002-03 to date and the committees which considered them are listed in the annex. The number of committee inquiries was as follows:

Session
Joint committee inquiries
Select committee inquiries
2002-03
4
7
2003-04
4
7
2004-05
1
3
2005-06 (to date)
0
1


Note: The sessions are those in which the draft bill was published rather than necessarily when the inquiry took place. The Joint Committee on Human Rights has been counted as a select committee for this purpose. One draft bill in 2002-03 was considered both by a select committee and a joint committee.

4. The Draft Corporate Manslaughter Bill is so far the only draft bill scrutinised by a committee during the present Parliament. The two select committees which jointly examined it reported on 20 December.

PROSPECTS FOR 2006

5. The Government has listed three bills for publication in draft in 2006: Coroner Reform (March-May), Legal Services (March-May) and Marine (autumn). As the Government states, further draft bills may be added. To what extent the current scarcity of draft bills results simply from this being the first session in a new Parliament remains to be seen.

6. Scrutiny Unit staff who would otherwise have been employed on pre-legislative scrutiny have been given other tasks, especially the inquiry into the Electoral Commission requested by the Speaker's Committee on the Electoral Commission. They are also assisting the Select Committee on the Armed Forces Bill, which, although not a draft bill, will give rise to similar work, and the Committee on the Crossrail Bill.



 
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