Secondary Legislation Scrutiny Committee
Sifting “proposed negative instruments” laid under the European Union (Withdrawal) Act 2018: criteria and working arrangements

37th Report of Session 2017-19 - published 20 July 2018 - HL Paper 174


Chapter 1: Introduction

Purpose of this Report

Sifting function under the withdrawal Act


Flexibility and adapting to the challenge

Chapter 2: Sifting Criteria

Instruments subject to the sifting mechanism under the withdrawal Act

Relevant regulation-making powers

Restrictions on exercising these powers

Instruments where Ministers have a choice of procedure

Sifting criteria

Where the proposed negative instrument contains material excluded by the Act

SLSC’s current grounds for drawing an instrument to the special attention of the House

Brooke Committee criteria

An overarching test

Applicability of the SLSC’s other grounds for reporting

Other features indicative of “significance”




Chapter 3: Working arrangements

Sifting procedure

Relationship between the sifting function and the Committee’s current terms of reference


When they will be set up

How instruments will be divided between the sub-committees


Flow of instruments

Supporting documentation

Explanatory memoranda

Explanatory statements for instruments laid under the withdrawal Act

Need for good explanatory material

Relationship with other committees

House of Commons sifting committee

Joint Committee on Statutory Instruments

Information sources

Involvement of external individuals and organisations

Summary of conclusions

Appendix 1: New Terms of Reference

Appendix 2: Evidence submissions

Appendix 3: Members interests

© Parliamentary copyright 2018