How will the government change ‘exit day’ in UK law to match the new Brexit date? What is the EU ‘exit day’ Statutory Instrument and what are SIs more broadly? How do both Houses of Parliament scrutinise SIs? And what is the ‘affirmative’ procedure?
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Lord Frost appointment raises parliamentary scrutiny questions
Lord Frost’s appointment as Minister of State in the Cabinet Office to lead on UK-EU relations brings some welcome clarity about future government arrangements in this area. However, it also raises challenges for parliamentary scrutiny, above all with respect to his status as a Member of the House of Lords.
Ping-pong and packaging
There was controversy on 9 February over whether the government had used procedural trickery to swerve a backbench rebellion in the House of Commons on a clause inserted in the Trade Bill by the House of Lords. Apparently, it was something to do with ‘packaging’. What does that mean, and was it true? The answer is all about ‘ping-pong’.
Post-Brexit select committee changes highlight Lords–Commons differences
The contrasting post-Brexit fates of the two Houses’ EU-focused select committees have come about through processes in the Lords and the Commons that so far have differed markedly. This difference reflects the distinction between government control of business in the Commons, and the largely self-governing nature of the Lords.
An inter-parliamentary body for the UK Union?
Before Brexit, mechanisms for inter-parliamentary relations and scrutiny of inter-governmental relations in the UK were unsatisfactory. Post-Brexit, the need for reform has become urgent. There should be a formal inter-parliamentary body, drawn from all five of the UK’s legislative chambers, with responsibility for scrutiny of inter-governmental working.
Brexit and Beyond: Delegated Legislation
The end of the transition period is likely to expose even more fully the scope of the policy-making that the government can carry out via Statutory Instruments, as it uses its new powers to develop post-Brexit law. However, there are few signs yet of a wish to reform delegated legislation scrutiny, on the part of government or the necessary coalition of MPs.
Parliament’s role in scrutinising the UK-EU Trade and Cooperation Agreement is a farce
Parliament’s role around the end of the Brexit transition and conclusion of the EU future relationship treaty is a constitutional failure to properly scrutinise the executive and the law. As the UK moves to do things differently after 1 January, MPs must do more to ensure they can better discharge their responsibilities regarding the making of UK treaties.