CONTENTS
Terms of Reference
Abstract
Chapter 1: Introduction
Setting the context
The Draft Bill
Our approach to scrutiny of the Draft Bill
Timing
Evidence and other views received
Acknowledgements
Chapter 2: Protests
Serious Organised Crime and Police Act 20
The review of SOCPA
General considerations
Access
Noise
Possible legal frameworks
Permanent protests
Visual impact
Impact on other demonstrations
Security risk from permanent protests
The power to impose conditions on grounds of security risk
Imposing conditions on grounds of public safety
Prior authorisation
Enforcement
Chapter 3: Attorney General and Prosecutions
The Government's proposals overall
The Attorney General's role as legal adviser and as a Government Minister
Disclosure of the Attorney General's legal advice
Parliamentary accountability and transparency
The Attorney General's attendance at Cabinet
The Attorney General as a Member of either House of Parliament
Parliamentary scrutiny of the work of the Attorney and the Attorney's office
Improved Parliamentary accountability mechanisms1
The Attorney General's role in the formulation of criminal justice policy1
The Attorney General's role in prosecutions
Removing the Attorney's power to direct prosecutions in individual cases1
Exception to the ban in cases affecting national security1
Transfer or abolition of most of the requirements for the Attorney's consent to individual prosecutions1
Abolition of the power to halt a trial on indictment (by entering a plea of nolle prosequi)
The Attorney General's superintendence function
Retention of the Attorney General's superintendence function
The protocol
Qualifications and tenure of office of the Directors
Oath of office
Chapter 4: Courts and Tribunals
The Role of the Executive
The Lord Chancellor
Accountability
Power to set targets or issue directions
A new role for Parliament?
Key Principles
Judicial Appointments Commission Panel
Non-Statutory Eligibility Criteria
Improving the process: reducing bureaucracy and delay
Vacancy Notices and Forecasting
Exclusion of appointments from the Schedule 14 list
Deployments, authorisations and nominations
Size, composition and re-appointment of the JAC
Disclosure of information
Diversity
Statutory salary protection
Other changes
Conclusion
Chapter 5: Ratification of Treaties
Putting the Ponsonby Rule on a statutory footing
The detail of the resolution
The 21 day sitting period for laying treaties before Parliament
Parliamentary control: the effect of negative votes in the Commons and Lords
Government's ability to re-present a treaty
Exceptions and exceptional circumstances
Alternative procedures in exceptional circumstances
Statutory exceptions to the Ponsonby Rule
Definitions
Parliamentary scrutiny
Chapter 6: The Civil Service
Table 1: Chronology of relevant reports and events
Definitions (clauses 25 and 41)
General approach to defining the civil service
Exclusion of GCHQ
The Civil Service Commission (clause 26 and Schedule 4)
Financial and operational independence of the Commission
Appointment of the First Commissioner and other Commissioners
Functions of the Civil Service Commission (clauses 32, 37 and 40)
Ministerial power to manage the civil service (clause 27)
Other obligations on the Minister
The Ministerial Code
Transfer of prerogative power
Civil service codes (clauses 30 to 32)
Parliamentary scrutiny of the codes
Minimum provision of the codes
Wider accountability of the civil service to Parliament
Exceptions from appointment on merit (clause 34)
Appointments made directly by Her Majesty
Diplomatic appointments
Appointments excepted under the recruitment principles
Special advisers
A cap on the number of special advisers?
Special advisers financed by an extension of "Short money"?
Defining the functions of special advisers
Special advisers speaking in public on behalf of Ministers
Parliamentary approval of the Code of Conduct for Special Advisers
Parliamentary scrutiny of machinery of government changes
Business appointment rules for former civil servants
Chapter 7: War Powers
The Government's proposals
A resolution, legislation or the status quo?
A Resolution
A statutory solution
The issue of legal risk
Definition of "a conflict decision"
Areas of executive discretion
Discretionary powers: general arguments
The provision of information to Parliament
The Attorney General's legal advice
Timing of a Parliamentary vote
Exceptional circumstances and the case for retrospective approval
Exceptions to the requirement for approval: special forces
Parliamentary oversight
Recall of Parliament
A re-approval process?
Role of the House of Lords
How should Parliament undertake scrutiny?
Chapter 8: Constitutional Renewal?
Governance of Britainobjectives
Reform of prerogative powers
Parliamentary scrutiny of the executive
Genuine reform?
War powers and treaties
Courts and tribunals
Constitutional renewal: rhetoric versus delivery
The Draft Bill
A coherent Draft Bill?
Long title
Short title: constitutional renewal?
Chapter 9: Summary of Recommendations
Chapter 2: Protests
Chapter 3: Attorney General and prosecutions
Chapter 4: Courts and tribunals
Chapter 5: Ratification of treaties
Chapter 6: The civil service
Chapter 7: War powers
Chapter 8: Constitutional renewal?
Appendix 1: Joint Committee on the Draft Constitutional Renewal Bill
Appendix 2: List of Witnesses
Appendix 3: Call for Evidence
Appendix4: Map of Parliamentary Estate
Appendix 5:Formal Minutes
Oral and Written Evidence - HL 166-II/HC 551-II
Oral evidence, 13 May 2008
Oral evidence, 14 May 2008
Oral evidence, 20 May 2008
Oral evidence, 21 May 2008
Oral evidence, 3 June 2008
Oral evidence, 4 June 2008
Oral evidence, 10 June 2008
Oral evidence, 11 June 2008
Oral evidence, 17 June 2008
Oral evidence, 18 June 2008
Oral evidence, 24 June 2008
Oral evidence, 25 June 2008
Oral evidence, 1 July 2008
Written Evidence
NOTE: References in the text of the report are as
follows:
(Q) refers to a question in oral evidence
(Ev) refers to an evidence submission
The Report of the Committee is published in Volume
I, HC 551-I, HL 166-I.
The Evidence of the Committee is published in Volume
II, HC 551-II, HL 166-II (published 12 August 2008).
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