Post-legislative scrutiny in the UK Parliament: adding value

ABSTRACT

Legislatures appoint committees for different purposes. Both Houses of the UK Parliament separate legislative committees from non-legislative, or select, committees. Each is unusual in that it utilises select committees to engage in post-legislative scrutiny. We examine why each engages in this type of scrutiny, given competing demands for limited resources. Distributive and informational theories are utilised to explain the difference between the two chambers, identifying why the form of asymmetrical bicameralism to be found in the United Kingdom facilitates scrutiny that would otherwise not be undertaken. The genesis and impact of post-legislative scrutiny committees are considered, with a focus on the House of Lords and why the use of such committees plays to the strengths of the House.

KEYWORDS:

• UK Parliament
• House of Lords
• House of Commons
• pre-legislative scrutiny
• post-legislative scrutiny
• select committees
• legislative process

Disclosure statement

No potential conflict of interest was reported by the author.

Notes on contributor

Philip Norton (Lord Norton of Louth) is Professor of Government, and Director of the Centre for Legislative Studies, at the University of Hull. He is a member of the House of Lords and was first chair of the House of Lords Constitution Committee. He is President of the Study of Parliament Group.

Notes

1. I should declare an interest as the parliamentarian in question.

2. Cross-bench peers are members with no party-political affiliation. They comprise more than 20 per cent of the membership of the House.

3. A parliamentary session is normally one year. The use of a two-year session, 2017–19, led to committees being appointed specifically for a year.

4. See https://www.parliament.uk/business/committees/committees-a-z/lords-select/liaison-committee/inquiries/parliament-2017/hl-liaison-review-of-committees.