The Work of Committees in Session 2008-09 - Liaison Committee Contents


Appendix 2: The work of the Scrutiny Unit in 2008-09


Overview

1. The main aim of the Committee Office Scrutiny Unit is to maintain and improve the ability of the House, through its select committees, to perform its scrutiny function. In particular it:

In fulfilling its role, it seeks to develop expertise and best practice and improve the quality of its work by developing relationships with relevant organisations outside the House.

2. The Unit maintained high levels of activity and outputs in the 2008-09 session. Once again, all the departmental select committees made use of the Unit's services to a greater or lesser degree during the session. Unit staff also carried out a wide variety of tasks in support of other committees of the House. Around a third of the work carried out by the Unit concerned the scrutiny of expenditure and performance of Government departments - a core activity for select committees. Once again, the Unit also played a leading role in assisting departmental select committees and joint committees in their examination of draft bills. The concentration of draft legislative scrutiny activities in certain periods of the session allowed staff to assist select committees in other aspects of their work, particularly those aspects which require legal, statistical or financial expertise, when the Unit was less stretched.

Division of staff time

3. The Scrutiny Unit maintains comprehensive management information in order to help inform the allocation of resources and the recruitment of staff. The number of tasks staff undertake for each committee are recorded, along with the time spent on each task and the broad category into which they fall— expenditure-related tasks, scrutiny of draft bills or "other". ("Other" includes work in support of Public Bill Committees.) The system is not completely accurate, in that it does not take account of long hours worked in the evening at busy periods or adequately reflect some of the smaller, less quantifiable tasks undertaken. Nonetheless, the information provides a useful indicator of the changing pattern of work over the sessions.

4. Figure 1 below indicates the division of staff time within the Scrutiny Unit during the session. Some 38% of time was spent on draft bills, 32% on expenditure-related tasks, and 30% on "other" activities.

Figure 1 - Division of Scrutiny Unit staff time (%) 2008-09 session



5. The way in which the Unit's resources are deployed has changed since it was established in November 2002. Figure 2 below shows how expenditure and "other" tasks have increased in importance since the 2003-04 session (the first for which details are available). The change in types of work reflects the variation in the numbers of draft bills published by the Government each session (see Annex A for numbers of draft bills published since session 1997-98) and the increase in the range and volume of tasks undertaken by Unit staff, such as supporting Public Bill Committees. There were only two draft bills scrutinised last session, and only one joint committee, on the Bribery Bill, which the Unit staffed. However, a substantial amount of time was required to assist this committee and the Unit also provided support to the Environment, Food and Rural Affairs Committee (EFRA) in its scrutiny of the draft bill on Flood and Water Management. Assistance provided by the Unit to committees in scrutinising bills before the House is included in the "other" category.

Figure 2 - Division of Scrutiny Unit staff time by session


6. Scrutiny Unit staff undertook tasks for each one of the departmental select committees, as well as some other committees, such as the Speaker's Committee on Electoral Reform. There was, as usual, a good deal of variation in the extent to which committees used the Unit's services (See Figure 3). This is in part a reflection of the amount and nature of the work undertaken by committees, coupled with the extent of their own resources. The high figure for the Justice Committee results from the Home Affairs/Public Policy specialist working almost permanently for that Committee for much of the year. As indicated in the previous paragraph, the figure for the EFRA Committee reflects the intensive period of scrutiny of the draft Flood and Water Management Bill, to which three Unit staff contributed.

7. The Unit provides "surge capacity" whenever it can. The Unit undertook seven separate tasks for the Transport Committee, with one member of staff providing long term assistance to its investment in railways inquiry. The relatively high level of assistance provided by the finance team to the Treasury Committee is in line with previous years. Also, the Welsh Affairs Committee was supported in its cross-border health inquiry and provided with assistance in scrutinising Legislative Competence Orders.[242]

Figure 3 - Division of Scrutiny Unit staff time (%) by committee, 2008-09 session


Staffing of the Unit

8. In response to the changing pattern of demand from committees and the wishes of Unit staff themselves, we were able to provide some select committees with longer term assistance during 2008-09. At the end of the session, the Deputy Head (Finance) was working half time for the Environmental Audit Committee and one economist/finance specialist was on secondment to the Business, Innovation and Skills Committee. Also, the Home Affairs/Public Policy Specialist, who had spent the bulk of her time during the session working for the Justice Committee, went to work for that Committee on a permanent basis. These longer term attachments allow staff to become more fully integrated into the work of the respective committees, an arrangement which is proving mutually beneficial.

9. At the end of the session, the Unit's staff complement comprised: two legal specialists, a statistician on secondment from the House of Commons Library, two financial analysts on secondment from the National Audit Office and two from Government departments. In addition, there was a core team of the Head of Unit and two Deputy Heads (Finance and Legislation), a senior committee assistant, a (part-time) team manager, two committee assistants, a part-time committee support assistant and an office support assistant. The Unit has also continued to host a series of Economic and Social Research Council student interns on three-month placements.

Financial scrutiny work for select committees

10. The Unit continues to support select committees in their core tasks of examining departmental expenditure (core task 5) and examining performance against key targets in Public Service Agreements (core task 6). During 2008-09, the finance team provided briefing for committees on the Main and Supplementary Estimates (including analysis of departments' Estimates memoranda), Resource Accounts, Autumn Performance Reports and Departmental Annual Reports (DARs) of all the major Government departments. Departmental select committees held evidence sessions on their departments' DARs, and the Unit provided briefing for, and otherwise supported, many of those hearings. As noted in last year's report, the Unit published an over-arching review of the 2008 DARs in March 2009, available at: http://www.parliament.uk/documents/upload/090327DRReview08.pdf. A similar review of the DARs published in 2009 will be produced in 2010.

11. The Unit also provided additional support when committees had particular interests in documents such as the Estimates and the Autumn Performance Reports. For instance, briefing assistance was given for the Work and Pensions Committee's evidence session on the DWP Autumn Performance Report in March 2009 and to the Defence Committee for its reports on the MoD Estimates. The Unit worked with the Speaker's Committee on the Electoral Commission, the Treasury and the Electoral Commission to draw up a new funding protocol for the Commission, in addition to the Unit's routine support for the Committee in scrutinising the Electoral Commission's funding. For the first time, the Unit also provided support to the Public Accounts Commission in its examination of the National Audit Office's Estimates. Some committees also sought advice on proposed changes by departments to the structure of their Estimates.

12. The Unit briefed all committees on the 2008 Pre-Budget Report, the 2009 Budget, the move to International Accounting Standards and PFI accounting. This included preparing information for the Environmental Audit Committee on taxation issues.

13. Other examples of financial scrutiny work undertaken for committees in 2008-09 included:

Economics

14. During 2008-09 the Unit's staff included two economists, one of whom is a statistician on loan from the House of Commons Library. This enabled the Unit to continue to provide quality statistical and economic analysis and support for committees during the year. Some committees found it helpful to commission background economics papers on an inquiry before beginning to gather evidence. For example, the Unit produced an analysis of aviation economics for the Transport Committee; "Economics in practice" articles on health care and house prices for the use of committees; and an analysis of statistics for the Business, Innovation and Skills Committee's evidence session on pub companies and pub closures. One of the economists also specialises in Impact Assessments which accompany draft bills and regularly produces short analysis papers for the benefit of committees.

Legislative scrutiny

Draft bills

15. Draft Bills are considered by ad hoc Joint Committees of both Houses or departmental select committees (in pursuit of core task 3). In 2008-09 the Government published two bills in draft, both of which received pre-legislative scrutiny. The Unit gave legal support to the Environment, Food and Rural Affairs Committee in its consideration of the draft Flood and Water Management Bill and provided a legal specialist, administrative staff and a Clerk to support the joint committee appointed to consider the draft Bribery Bill. Despite complaints in previous years the Joint Committee was given an extremely tight timetable to complete pre-legislative scrutiny, which resulted in a very intense workload for Members and staff over a period of ten weeks. The Joint Committee nonetheless published its report on schedule.[243]

PUBLIC BILL COMMITTEES

16. In the 2008-09 session Public Bill Committees (PBCs) continued to take written and oral evidence on bills. Eight PBCs took oral evidence during the session, holding a total of 29 evidence sessions and receiving 242 written submissions, an increase of 78 submissions on the previous session. Once again this represented a significant task for the Unit's administrative staff, who manage the receipt, checking and circulation of submissions to committee members, and make the practical arrangements for oral evidence sessions. In addition, the Deputy Head (Legislation) commissioned and edited briefing for those evidence sessions from specialist staff of select committees, and she also contributed to the briefing.

OTHER WORK FOR COMMITTEES

17. When it has spare capacity the Unit provides resources to committees which find themselves overstretched temporarily for one reason or another, with priority given to work that draws on the core specialisms of Unit staff. It has not always proved possible to offer this "surge" capacity, but during 2008-09 Unit staff were able to assist committees in a number of tasks, not all of a financial, legal or statistical nature. For instance, the legal specialists provided assistance to the Scottish Affairs Committee's inquiries into the banking crisis in Scotland and the Dunfermline Building Society. Before her permanent move to the Justice Committee, the Home Affairs/Public Policy specialist conducted a major inquiry for the Justice Committee into cutting crime. The Deputy Head (Legislation) ran an entire inquiry for the Communities and Local Government Committee on the housing credit crunch. The statistician began working for the International Development Committee on its inquiries into the department's Annual Report and 2009 White Paper. We continued to provide advice to committee staff on establishing and running online forums and helped with their moderation.

WORK FOR THE LIAISON COMMITTEE

18. Unit staff have continued to provide support for the Liaison Committee's work. In particular, the Unit's finance team made a significant contribution to the Committee's financial working group on the Treasury's alignment project, which aims to simplify the presentation and publication of public expenditure information. This included briefing the working group on the Treasury's proposals; preparing the Committee's report on Financial Scrutiny: Parliamentary Control of Government Budget;[244] responding to the proposals; and putting forward the Committee's own proposals for reform of financial scrutiny. The Unit will continue to be involved as work on alignment implementation develops.

19. The Head of the Unit once again led a small team from across the Committee Office supporting Liaison Committee staff in the production of the Committee's annual report on the work of select committees. Following the Committee's initiative in promoting post-legislative scrutiny by committees, the Unit has monitored and recorded activity on this front.

Wider work

20. The Unit has once again been able to provide resources to assist the House in areas other than departmental select committees. Notably, the Unit's finance team has provided considerable support to the Speaker's Committee on the Electoral Commission, some of it generated as a consequence of the establishment of the Local Government Boundary Commission for England. Staff provided assistance with the development of a financial protocol covering the work of the Electoral Commission, as well as the scrutiny of Main and Spring Supplementary Estimates and the corporate plan. Other examples include continued support for the Parliamentary Observer on the Financial Reporting Advisory Board (FRAB), which makes recommendations to government about the application of accounting standards, including international financial reporting standards (IFRS).

21. The Head of the Unit also began overseeing a research project by a small team of post-graduates from the LSE designed to evaluate the effectiveness of evidence gathering practices used by select committees. The results of this study should provide useful information to new select committees when they begin work in the next Parliament. The Head of the Unit and the Unit statistician have also continued to run a small informal network of parliamentary officials which acts as a point of contact for officials of the UK Statistics Authority.

Training and sharing best practice

22. The Unit continued to liaise with Government departments on pre-legislative scrutiny of draft bills, and evidence-taking by Public Bill Committees. In particular, briefings and presentations were given to bill teams prior to the introduction of their bills in order to help practical and procedural arrangements run as smoothly as possible. Staff also participated in a variety of Outreach activities for the Education Service, such as talks on the legislative process to voluntary organisations and NGOs. Members of the finance team have also organised and given presentations to committee and Members' staff on a number of areas of interest, including the alignment project, improving financial scrutiny, statistics and resource accounts.

23. The Unit ran two workshops for select committee staff designed to share and develop best practice on the process of establishing new inquiries. This has resulted in a best practice check-list being made available to all committees. Towards the end of the session, the Deputy Head (Legislation) took on the task of overseeing the development of briefings by House staff for new Members in the next Parliament.

24. There has been considerable interest shown from overseas parliamentary visitors to Westminster in the House's system of financial scrutiny as well as the work of select committees and of the Scrutiny Unit itself. During the session, staff have given talks to, or attended meetings with, visitors from Vietnam, Indonesia, Iraq, Sierra Leone, Nigeria, Bosnia and Herzegovina and Serbia. The Head of the new Scrutiny Unit in the Scottish Parliament visited the Unit immediately prior to its establishment in October 2009.

The future

25. The final, shortened session of a Parliament produces a different pattern of activity and thus requirements of the Unit. The lower level of draft bill scrutiny is countered by concentrated periods of activity preparing for Public Bill Committee evidence sessions. The Unit has also offered to provide assistance - when possible - to the Public Bill Office in the drafting of Private Members' Bills and the two legal specialists have received some additional training with this in mind. Demands from select committees are likely to be subject to peaks and troughs, as they seek to complete all their inquiries and publish reports before the General Election. We will continue to liaise closely with committee staff to assess and meet potential demands as best we can during this busy period. The financial and performance cycle will continue to provide a good proportion of work but we are preparing to consider how the pattern and nature of this work may be affected by the results of the Alignment project.

26. Looking further ahead to the new Parliament a different set of priorities will probably be required. There is likely to be a window before the establishment of new select committees in which the training of Committee Office staff can take place. The Unit will look to play a full part in these activities, drawing on the work it has already facilitated on new inquiries and the results of the research project on evidence gathering being undertaken by an LSE team. Further training for colleagues on economics, the presentation of statistics and the implications of the Alignment project may also be provided, depending on demand. We will also prepare a toolkit for carrying out post-legislative scrutiny which may form the basis of a training workshop. The Unit will seek to contribute to briefings provided for new Members and their staff, as part of the programme of talks being developed under the supervision of the Unit's Deputy Head (Legislation). This period may also provide opportunities for Unit staff to develop their own skills, whether on organised training or participation in projects across the House.

27. A new Parliament with a substantial number of new Members, together with an enhanced appetite for parliamentary reform, may well create further demands on committees and House staff more generally. Where we have the capacity and skills to help meet any new demands, we will seek to do so. It is one of the key roles of the Unit to provide the Committee Office and the House with added flexibility to respond to sudden demands; consequently the future balance of our work is unpredictable. We will seek to ensure that our staff complement allows us to best meet this challenge, with continued use of short-term internships and secondments. We will reassess our provision of support to committees and elsewhere once the select committees are up and running in the new Parliament.

Chris Shaw

Head, Scrutiny Unit

January 2010

  • Annex A: Draft Bills published since Session 1997-1998
  • Session Number of draft bills published
    1997-983
    1998-996
    1999-20006
    2000-012
    2001-027
    2002-039[245]
    2003-0412
    2004-055
    2005-064[246]
    2006-074
    2007-089[247]
    2008-092[248]


    242  
    See para 17 for more details of work for committees Back

    243   Joint Committee on the draft Bribery Bill, First Report, Session 2008-09, Draft Bribery Bill, HC 115 Back

    244   Second Report from the Liaison Committee, Session 2008-09, Financial Scrutiny: Parliamentary Control over Government Budgets, HC 804 Back

    245   Excludes draft clauses of Gambling Bill since the main part of this draft was published in 2003-04 and is included in that figure Back

    246   Includes draft Terrorism Bill Back

    247   Does not include draft clauses of the Banking Bill published as part of Cm 7459 Back

    248   Does not include the draft Antarctic Bill and the draft Immigration Bill, both published less than a week before the end of the session and included in the Government's draft Legislative Programme for 2009-10 Back


     
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