Appendix 3: Call for evidence
The Constitution Committee is beginning a large-scale inquiry into the legislative process. This follows its major 2004 report on Parliament and the Legislative Process.246 The Committee is interested in how bills are prepared by Government and scrutinised in Parliament; whether and how outside organisations and the public are involved in the process; and how the legislative process is, or could be, affected by new technology and by the UK’s withdrawal from the EU.
The inquiry will take place over the next year and will be broken down into four distinct parts, each addressing a stage or significant factor in the legislative process. These are:
(1)Preparing legislation for introduction in Parliament;
(2)The passage of legislation through Parliament;
(3)The delegation of powers; and,
(4)The period after Royal Assent.
For each of these stages, the Committee will be looking at the issues and questions set out below. We will issue separate calls for evidence for each stage so as to enable those wishing to engage with the inquiry to do so in relation to each stage in turn, or only in relation to those stages about which they are best able to comment. Each call for evidence will address the same overarching issues in relation to the legislative process.
Stage 1: Preparing legislation for introduction in Parliament
We are now seeking evidence relating to the first stage of the legislative process: ‘Preparing legislation for introduction in Parliament’. This stage includes policy development and consultation, legislative drafting and pre-legislative scrutiny. At this stage, the Committee is focusing on primary, rather than delegated, legislation.
The Committee would welcome written submissions on any aspect of this topic, and particularly on the issues and questions set out below.
We welcome contributions from all interested individuals and organisations. For this stage of the inquiry, we are particularly interested in hearing from people and groups who have engaged with either Government consultations or parliamentary pre-legislative scrutiny investigations.
Questions
Creating good law
The Office of the Parliamentary Counsel describe “good law” as “law that is: necessary; clear; coherent; effective; [and] accessible.”247
(1)How effective are current practices in Government and Parliament at delivering clear, coherent, effective and accessible draft legislation for introduction in Parliament?
(2)Are there mechanisms, processes and practices at this stage of the legislative process that hinder the development of ‘good law’?
(3)Are there improvements that could be made at this stage of the process that would result in law that is more easily understandable by users and the public?
Brexit
Following the UK’s withdrawal from the EU, Parliament will have to legislate across a range of areas previously legislated for at an EU level.
(4)What impact will the UK’s withdrawal from the EU have on the volume and type of legislation and how will that affect this stage of the legislative process?
(5)Will there be changes required to how the Government and Parliament deal with legislation following Brexit?
Technology
New technologies—and particularly developments in information technology—have changed the way that people access information and share their opinions, experiences and insights.
(6)How effectively do Parliament and the Government make use of technology at this stage of the legislative process?
(7)How could new or existing technologies be used to support the development and scrutiny of legislation?
Public involvement and engagement
Engagement with those affected by new legislation, or those with expertise that can assist the development and scrutiny of legislation, is an important factor in ensuring that legislation is effective in meeting its policy objectives.
(8)To what extent, and how effectively, are the public and stakeholders involved in this stage of the legislative process?
(9)What factors inhibit effective engagement?
(10)What mechanisms could be used to increase or improve engagement with the public and stakeholders?
Information provision
Informing the public, stakeholders and parliamentarians about potential legislation is an important part of effective law-making.
(11)How effectively is information about potential legislation disseminated at this stage in the process?
(12)How useful is the information that is disseminated and how could it be improved?
Parliamentary involvement
Parliament is central to the legislative process, but its involvement varies across the different stages of the legislative process.
(13)To what extent is Parliament, or are parliamentarians, involved in the development of legislation before it is introduced into Parliament?
(14)Is there scope for Parliament or parliamentarians to be more involved at this stage of the legislation process?
246 Constitution Committee, Parliament and the Legislative Process (14th Report, Session 2003–04, HL Paper 173)
247 Cabinet Office: Guidance – Good Law: https://www.gov.uk/guidance/good-law