FIRST SPECIAL REPORT
The Select Committee on Modernisation
of the House of Commons has agreed to the following Special Report:
WORK OF THE COMMITTEE: SECOND PROGRESS
REPORT
1. It was rather more than two years ago, on 4 June
1997, that we were appointed with a wide ranging remit "to
consider how the practices and procedures of the House should
be modernised". As this Parliament approaches its halfway
point, we thought it would be valuable to the House to give a
progress report on what has been accomplished to date and to indicate
what still remains to be done. Of the 56 recommendations we have
made, 47 have been approved by the House and implemented either
in full or in part (two of them are matters for Madam Speaker's
discretion).
2. The Annex to this Report sets out in detail the
recommendations made in our various Reports and the extent to
which they have been implemented. They cover a wide range of areas,
some major, others technical and detailed. Underlying them all,
however, we have sought to pursue a consistent theme, that of
enabling the whole House more effectively to carry out its functions
of legislating, debating major issues, and holding the Executive
to account, while at the same time seeking to ensure that individual
Members were able to make better use of their time.
3. We were specifically charged as a first priority
with improving the legislative process. We have sought to achieve
this in four principal ways:
more pre-legislative scrutiny of draft
bills by select committees or joint committees of both Houses;
the use of programme motions agreed through
the usual channels rather than imposed guillotines;
the carry over from one Session to another
by agreement of certain bills; and
the introduction of full explanatory notes for
bills written in plain English.
The House has now resolved to carry over the Financial
Services and Markets Bill into the coming Session, but it is too
early to draw any conclusions from this. In all other respects
the House will have had a chance to judge whether these reforms
taken as whole have improved the way in which legislation is scrutinised
from the quality of the final product.
4. Quite apart from United Kingdom primary legislation,
major changes have begun to be implemented in the process of scrutiny
of European legislation. The European Legislation Committee has
been replaced by the European Scrutiny Committee with enlarged
terms of reference, and despite some practical difficulties the
number of European Standing Committees has been increased. The
number may need to be reviewed in future.
5. The National Parliament Office in Brussels, which
acts as a forward observation post for the House and as the eyes
and ears of the European Scrutiny Committee acting on behalf of
the House, opened on 18 October.[1]
6. There still remains the important topic of United
Kingdom secondary legislation. By agreement the initial work on
this will be undertaken shortly by the Procedure Committee, and
we will await their conclusions with interest.
7. So far as the debating process is concerned, some
long outdated and archaic practices, such as the wearing of top
hats to catch the Speaker's eye to raise points of order in divisions,
have been done away with, and greater flexibility has been given
over limitations on the length of speeches. Members' constituencies,
as well as their names, are now shown on the annunciators. The
experiment with a parallel chamber in Westminster Hall, which
will start next Session, will provide many more opportunities
for backbenchers to raise matters of concern to them and their
colleagues for which there is simply no time at the moment. The
Wednesday morning backbench adjournment debates (except the three-hour
pre-recess debates) will be transferred to Westminster Hall.
8. The Westminster Hall experiment will also extend
the House's ability to call the Executive to account, since there
will be regular debates on the reports of select committees, fewer
than ten per cent of which are currently debated. The House rightly
expects its select committees to be the principal means by which
detailed scrutiny of the work of Government Departments can be
undertaken, and it is essential that the House itself should be
able to pronounce on their findings. The expansion of the work
of the European Scrutiny Committee to include both pre- and post-Council
evidence sessions is an important additional means of ensuring
that the House keeps a watchful eye on Ministers' actions in Brussels.
9. Our proposals for revised sitting hours on Thursdays,
which the House has agreed should be extended for a further year's
experiment, have enabled Members to redress the balance between
their duties to the House and to their constituents. The House
has been able to debate significant business on Thursdays, but
most Members have been able to spend a full Friday in their constituencies
if they wished to do so.
10. In addition to all these changes designed to improve
the effectiveness of the House and its individual Members, a new
style Order Paper has been introduced, which has been greatly
welcomed. We have reached agreement with the Procedure Committee
in the House of Lords on a revised format for bills and Acts of
Parliament.[2]
The new format takes account of the requirements of new technology
and of the work of the Inland Revenue Tax Law Rewrite Project,
which both Houses have endorsed in order to make tax laws easier
to understand.
11. Members have been given an informal opportunity
to consider some form of electronic voting, but expressed no clear
preference for any alternative. This is still a matter of considerable
interest, which has been added to by the experience of electronic
and timed voting in the Scottish Parliament. We have discussed
this matter a number of times but may wish to revisit it.
12. We are conscious that this programme of work
has produced a mixed response in the House. Some Members feel
that the process of reform outlined above has gone far enough
(some indeed suggest too far), while others, we are aware, regard
what has been achieved as merely tinkering at the edges of the
far more radical reforms needed. We have sought, however, to reach
consensus where possible, and to provide for experimental and
evolutionary change rather than an enforced revolution. We remain
of the view that this approach is broadly acceptable and accepted.
13. We propose for example that there should now
be a systematic review of the legislative reforms already introduced
with a view to seeing what changes, if any, are needed. We shall
in particular be looking at the relationship between standing
and select committees and at ways in which their work might be
better integrated and the pressure on the time of Members eased.
Once the Procedure Committee has reported, we shall see what changes
are needed in the scrutiny of delegated legislation.
14. We are conscious that the Procedure Committee
has just produced a report on financial procedures which may have
a considerable impact on select committees. We are also aware
that the Liaison Committee is currently looking at the full range
of relationships between select committees and the Executive,
and that the Hansard Society for Parliamentary Government has
appointed a commission on the scrutiny role of Parliament. We
do not wish to duplicate their work, but we intend to play our
full part in strengthening the House's proper role in holding
the Executive to account.
15. We shall monitor the Westminster Hall experiment
closely, and in particular the effect it may have on the Chamber
itself. If the experiment is successful we shall examine ways
in which it might be extended. That in turn would enable us to
look again at the structure of both the Parliamentary week and
the Parliamentary year.
16. The House will be affected not only by reforms
to its own practices and procedures but also by changes elsewhere,
most notably the establishment of devolved institutions in Scotland
and Wales and the reform of the House of Lords. As a first step
the House debated the Procedure Committee's report on the consequences
of devolution on 21 October. Our proposals will need to take appropriate
account of these and other developments.
17. We would welcome the views of Members, both on
how the reforms we have recommended so far are working in practice
and on other matters to which we might usefully turn our attention
in the coming Session.
1 See our Seventh Report, The Scrutiny of European
Business, HC 791 (1997-98), paragraphs 40-43. Back
2 A
sample of the new format is annexed to the Fourth Report from
the Select Committee of the House of Lords on Procedure of the
House, HL 84 (1998-99). Back
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