Secondary Legislation Scrutiny Committee
Response to the Strathclyde Review: Effective parliamentary scrutiny of secondary legislation

Report - published 14 April 2016 - HL Paper 128



Chapter 1: Introduction

Events prompting the Strathclyde Review

Tax Credits Regulations

Electoral Registration and Administration Order

Strathclyde Review

Previous reports on parliamentary scrutiny of secondary

Inquiry by the Secondary Legislation Scrutiny Committee

Purpose of the inquiry

Strathclyde options not a definitive list


Structure of the report

A note on terminology

Chapter 2: Context of the inquiry

Parliamentary scrutiny of secondary legislation

Affirmative and negative procedure

What the Government can do if an instrument is rejected

Additional scrutiny procedures

Financial instruments and Commons-only procedure

Scrutiny procedures in the two Houses

Procedure in the House of Lords

Procedure in the House of Commons

Comments on the different level of scrutiny in the two Houses

Relationship between the two Houses and the convention on secondary legislation in the House of Lords

Joint Committee on Conventions of the UK Parliament

Number of defeats on secondary legislation in the Lords

Lords convention on secondary legislation: “stretched to
breaking point”?

The boundary between primary and secondary legislation

Instruments with a financial implication

Chapter 3: The Strathclyde options

Constitutional context

The Strathclyde options

Strathclyde option 1


Strathclyde option 2


Strathclyde option 3

“Thinking again”

Fixed period of delay

Primary legislation


Chapter 4: Next steps

A self-governing House

Wider issues relating to parliamentary scrutiny of secondary legislation

Chapter 5: List of Conclusions and recommendations

Appendix 1: List of Members and Declarations of Interest

Appendix 2: Call for evidence

Appendix 3: List of Witnesses

Appendix 4: Correspondence

Evidence is published online at http:/// and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence

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