The Scrutiny Reserve Resolutions
This paragraph (or sub-paragraphs) have been updated, added or deleted since publication of the 2019 edition. Any sub-paragraphs updated since the 2019 edition can be highlighted by clicking ‘Highlight updates’ below. The most recent updates to this publication were made on August 2021. See the summaries and schedules for each successive update from the Home page.
32.9A Resolution of the House of Commons of 17 November 19981 constrained Ministers from giving agreement in the Council or the European Council to any proposals which had not received parliamentary scrutiny clearance (see below). A similar Resolution of the House of Lords was updated (taking into account the provisions of the Lisbon Treaty) on 30 March 2010. Both resolutions provided for exceptions, and for a Minister to give agreement for ‘special reasons’; but in the latter case the Minister had to explain those reasons to the two scrutiny committees at the first opportunity, and in the case of a proposal awaiting debate in either House, to that House at the first opportunity after giving agreement. Additionally, the European Scrutiny Committee has taken oral evidence from Ministers who have breached the scrutiny reserve without what it saw as good cause. In the Lords, the Chairman of the select committee regularly tabled a question for written answer requesting a list of all scrutiny overrides.