Introduction to parliamentary oversight on matters relating to the EU

32.1At the time this edition was being prepared the United Kingdom was a Member State of the European Union and the date and terms of its exit from the European Union had not been decided.

The provision of scrutiny processes in respect of EU legislative and other activity, both during any transitional or implementation period following the UK's exit from the EU and in the longer term, remains under consideration in both Houses. This chapter first considers the arrangements for the scrutiny of the withdrawal process and then sets out a high-level description of the processes for scrutinising EU legislation which have been in force during the UK's membership in order to provide context to the consideration of scrutiny processes in the future. More detail of the procedures for scrutinising European legislation can be found in previous editions.1

Committees of both Houses scrutinise the Government's actions in giving effect to the result of the 2016 referendum, in particular its negotiations with the European Commission's ‘Task Force 50’ (representing the other 27 EU Member States) on the terms of withdrawal, and on the terms of the future UK-EU relationship. The House of Commons Exiting the European Union Committee, appointed in 2016 following the creation of the Department for Exiting the European Union,2 and, in the House of Lords, the European Union Committee, play a key role in scrutiny of the withdrawal process, but other committees have also engaged closely on matters where EU exit is relevant to their remit.

The process of leaving the European Union has required the creation of dedicated arrangements to scrutinise the Government's proposals for transitional and post-exit arrangements. The European Union (Withdrawal) Act 2018 contains very broad powers for Ministers to amend existing primary and secondary legislation as a consequence of the repeal of the European Communities Act 1972. This chapter focuses on those orders. Other arrangements relating to implementing withdrawal or dealing with the consequences of withdrawal have been dealt with through individual statutes, which may themselves confer order-making powers of the sort dealt with in the chapter on delegated legislation.3

The parliaments of Member States of the European Union (EU) affect the transaction of EU business, and the actions of the institutions of the Union, mainly by influencing and calling to account Ministers of national governments in their capacity as members of the Council of the European Union (formerly the Council of Ministers, and usually referred to as ‘the Council’). Both Houses of the United Kingdom Parliament have established systematic methods of scrutiny of EU documents, through the European Scrutiny Committee in the House of Commons (see paras 32.13 and 38.72 ) and the Select Committee on the European Union in the House of Lords (see paras 32.14 and 40.51 ) (‘the scrutiny committees’).

Footnotes

  1. Erskine May (24th edn, 2011), p 701 ff.
  2. For details on the Exiting the EU Committee, see Chapter 38.
  3. See, for example, the Sanctions and Anti-Money Laundering Act 2018.