CONTENTS
Terms of Reference
Chapter 1: Introduction
The inquiry process
Four specific issues
a) The lack of previous research
b) The question of terminology
c) Defining what is a "fast-track"
bill
d) Northern Ireland
Constitutional principles
Chapter 2: Definitions of fast-track legislation
Box 1: Scenarios in which fast-track
procedures have been used
Chapter 3: primary legislation which is fast-tracked
Problems and issues concerning fast-track
primary legislation
i) Constrained parliamentary scrutiny
ii) The degree to which legislation is fast-tracked
iii) Does fast-tracking of legislation lead
to bad legislation?
iv) Pressure on the procedural process
v) Pressure on campaigners and interested
organisations
vi) The "something must be done"
syndrome
vii) Exaggerating the case for fast-tracking
viii) Including non-urgent matters in a fast-tracked
bill
ix) "Act in haste and repent at leisure"
x) Executive dominance of the fast-track
process
xi) Differences between the Commons and the
Lords
Case Studies of fast-track primary legislation
a) Anti-terrorism legislation
i) Prevention of Terrorism (Temporary Provisions)
Act 1974
ii) Criminal Justice (Terrorism and Security)
Act 1998
iii) Anti-Terrorism, Crime and Security Act
2001
iv) Prevention of Terrorism Act 2005
b) Dangerous Dogs Act 1991
c) Criminal Evidence (Witness Anonymity)
Act 2008
d) Banking (Special Provisions) Act 2008
Recommendation
The tabling of late amendments to a bill
proceeding at the normal pace
Case studies of late tabling of amendments
Chapter 4: Fast-tracked legislation relating
to Northern Ireland
Fast-tracking before 1995
Fast-tracking since 1995
a) Was the fast-tracking of Northern Ireland
legislation justified?
b) Has fast-tracking become 'the norm' in
Northern Ireland?
Case study: the Northern Ireland Act 2009
Conclusion
Chapter 5: delegated legislation which is
fast-tracked
Statutory instrument procedure
Made affirmative procedure
Draft affirmative procedure
Negative procedure
Secondary legislation during parliamentary
recesses
Case studies of emergency order making powers
Chapter 6: potential improvements to the
fast-track scrutiny process
Potential improvements
Overarching reforms
i) Publication of formal legal advice
ii) Introduction of a written constitution
iii) Business Committee
Improvements to the pre-legislative scrutiny
process
Improvements to the legislative scrutiny
process
i) No. 2 bill procedure
ii) A Ministerial Statement or certification
justifying the use of the fast-track procedure
d) Improvements to the post-legislative scrutiny
process
i) Sunset clauses and renewal procedures
ii) Improved post-legislative review
Appendix 1: Select Committee on the Constitution
Appendix 2: List of Witnesses
Appendix 3: Correspondence with the Director
of Public Prosecutions for England and Wales and the Director
of Public Prosecutions for Northern Ireland
Appendix 4: Letter from Rt Hon Shaun Woodward
MP, Secretary of State for Northern Ireland, 6 March 2009
Appendix 5: List of Bills subject to a Fast-Track
passage since 1974
Appendix 6: Fast-track Legislationthe
experience of other legislative bodies
NOTE:
The Report of the Committee is published in Volume I (HL Paper 116-I)
The Evidence of the Committee is published in Volume II (HL Paper 116-II)
References in the text of the Report are as follows:
(Q) refers to a question in oral evidence
(p) refers to a page of written evidence
MINUTES OF EVIDENCE - VOLUME II (HL 116-II)
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