Thursday 20 March 2008

NEWS RELEASE 
  
HARMAN - POST-LEGISLATIVE SCRUTINY WILL BE A REALITY CHECK FOR LAWS

The Government today announced a new systematic approach for strengthening the scrutiny of laws after they have been enacted by Parliament.

Leader of the House of Commons Harriet Harman QC MP said that it was important to learn how specific legislation, which has undergone debate at Westminster, is working out in practice for the millions of people directly affected by it.

Ms Harman said: "Government proposes legislation and Parliament scrutinises and passes it. But does a new law have the effect it is supposed to have? The new system of post-legislative scrutiny will mean a reality check after three years."

The aim is to complement the Government's internal departmental scrutiny with Parliamentary scrutiny - principally by committees of the House of Commons.

Government departments will publish a memorandum on appropriate Acts of Parliament which will enable the departmental select committees of the Commons to decide whether to conduct further scrutiny.

If they decide not to pursue an in-depth inquiry, the flexibility of the process would still allow for scrutiny, where appropriate, to be undertaken by a Commons or Lords committee or a Joint committee of both Houses.

Ms Harman set out the latest stage of the Government's reforms designed to update and improve the Parliamentary process in a Command Paper, Post-Legislative Scrutiny - The Government's Approach.

She said that post-legislative scrutiny would provide a more consistent approach in understanding the impact of new Acts of Parliament.

Ms Harman said: "This Government has introduced many reforms aimed at improving the quality of legislation. We also introduced for the first time last year a draft legislative programme.  This was a very significant step, which opened up a part of the political process that previously had been taking place behind closed doors.

"It is producing greater transparency which makes government ultimately more accountable to the public for its actions, but we need to go further, as today's publication makes clear.

"This new system of post-legislative scrutiny is a valuable and proportionate response to a long-held view that there is a need to gain better understanding of how laws, which affect people's lives in wide-ranging ways, are working out in practice once they have come into force.

"It offers real potential benefits for improving further the quality of legislation and for policy making. By learning the lessons of how previous legislation has been implemented, it can provide a valuable contribution to the shape of future laws."
 

Notes:

Harriet Harman announced publication of Post-Legislative Scrutiny - The Government's Approach [Command Paper 7320] in a written Ministerial statement today, March 20, 2008. It includes an Appendix - Detailed Response to Law Commission Report on Post-legislative scrutiny (Cm 6945).

Website link:  http://www.official-documents.gov.uk/document/cm73/7320/7320.pdf

The Government asked the Law Commission to conduct a study options for post-legislative scrutiny in 2005. This White Paper includes the Government's response to the Law Commission's subsequent report.

Further information: www.commonsleader.gov.uk

Media inquiries: 020 7276 0594