37.Under the system we propose above, the key requirements on Ministers will not lie in legislation, but in a resolution of the House and in amendments to our Standing Orders. Breaches of the resolution—for instance, bringing a negative instrument into force before it has cleared scrutiny—would be monitored by the committee, which should be empowered to require the Minister concerned to give an explanation for any breach in oral evidence.
38.Some statutory provision will be required to support the system we propose. While we do not specify the drafting of any amendment to the Bill, we consider that Schedule 7 to the Bill should be amended to provide that:
a)Ministers shall present to Parliament, alongside each instrument to be made under the Bill, an explanatory memorandum setting out material relevant to the House’s consideration of the instrument, to include:
b)The House of Commons may designate a committee to consider each instrument proposed to be made under the powers delegated in the Bill;
c)Ministers shall have regard to the report of such a committee on any such instrument;
d)In respect to a committee report on any such instrument, a Minister shall be under a duty
i)to provide such further information as the committee may require; and
3 November 2017