The shape of future parliamentary scrutiny of UK-EU relations Contents

---

Annex: Current and future EU scrutiny mechanisms within the House of Lords committee system

The principal body for considering EU documents and activities in the House of Lords is the European Union Committee (EUC).153 The EUC, assisted by five Sub-Committees, sifts EU documents and inquires into other EU-related matters, in advance of decisions being taken on them in Brussels, in order to hold the Government to account for its decisions at EU level. The Committee scrutinises EU legislative proposals, conducts inquiries and prepare reports, much like the corresponding European Scrutiny Committee in the House of Commons.

Since the UK’s EU withdrawal in January 2020, the European Union Committee has held an over-arching inquiry into the Progress of UK-EU Future Relationship Negotiations.154 Among the topics covered in the Committee’s reports are the beginning of the future relationship negotiations;155 the Northern Ireland Protocol;156 the practice of scrutinising treaties;157 and the UK Internal Market Bill.158

As well as conducting cross-cutting scrutiny work, the EUC coordinates the work of five subject-specific Sub-Committees. The Sub-Committees scrutinise legislation and conduct inquiries on topics within their policy remit. They are:

• EU Environment Sub-Committee159
• EU Goods Sub-Committee160
• EU Security and Justice Sub-Committee161
• EU Services Sub-Committee162
• EU International Agreements Sub-Committee163

As well as leading on scrutiny of the EU-UK Trade and Cooperation Agreement, the EU International Agreements Sub-Committee also coordinates House of Lords scrutiny of free trade agreements that the UK is looking to conclude with other countries.

The House of Lords also has a Secondary Legislation Scrutiny Committee164 which considers all statutory instruments (SIs) subject to parliamentary procedure in the Lords. It has taken on an additional sifting role examining SIs tabled as proposed negatives, pursuant to the EU (Withdrawal) Act 2018.

In addition, the House of Lords has a Common Frameworks Scrutiny Committee165 which assess new agreements between the UK and devolved governments on how they will coordinate in a range of policy areas after the end of the Transition Period.166

On 15 December 2020 the House of Lords Liaison Committee published a review of House of Lords investigative and scrutiny committees.167 The review proposed the creation of a new European Affairs Committee168 to replace their existing European Union Committee. They proposed this for many of the same reasons we are suggesting changes to the House of Commons system of scrutiny. For example, the remit of the House of Lords European Affairs Committee would cover:

• Consideration of matters relating to the UK-EU relationship;
• Scrutiny of ongoing UK-EU negotiations;
• Scrutiny of the implementation of agreements between the UK and the EU, including the Withdrawal Agreement and any future relationship agreement concluded before the end of 2020 [the EU-UK Trade and Cooperation Agreement];
• Scrutiny of the operation of the Protocol on Ireland/ Northern Ireland, and of new EU laws applying in Northern Ireland.169

The review also proposes the creation of an International Agreements Committee to replace their EU International Agreements Sub-Committee.170