Daniel Greenberg, PLC consultant:
The changes to Parliamentary procedure agreed to by the House of Commons on 4th March 2010 have attracted media interest as a general re-adjustment of political power within Parliament.
Although the Commons agreed to a fairly extensive package of changes to practice and procedure (with more to come at the start of next Session), the two that are likely to have the most impact for public law are the establishment of a “back-bench business committee” and changes to the procedures for appointing chairs of select committees.
Back-bench Business Committee
The full powers of the back-bench business committee will not be settled until the necessary motion to establish it is brought forward. But what was established by the vote on 4th March was the principle that the time available for non-Government business will significantly increase and that it will be allocated in a new way, designed to be controlled by MPs who are neither Ministers nor front-bench spokesmen for opposition parties.
The resolution passed on 4th March expects that the new committee:
“while guaranteeing that the Government has the time and first choice of dates to get its legislative programme through … would improve scheduling of business to ensure more effective scrutiny of legislation at Report Stage and consideration of Lords Amendments”.
While it remains to be seen precisely how this change will shape up, its potential impact for the way legislation is considered is highly significant. Apart from simply increasing the amount of time available for considering primary and secondary legislation (including post-legislative scrutiny), making more time available to back-benchers could provide more and better opportunities for interested third parties and their representatives to influence the legislative process.
Select Committees
Select Committees in the Commons consider a wide range of issues, including scrutinising draft legislation; they have no legislative power but can exert considerable influence on the exercise of power by the Executive.
Instead of the present system according to which appointments to chair Select Committees are effectively made by party Whips, the new Standing Order will ensure that chairs are elected by secret ballot of the whole House (not by the normal system of Division, where votes are recorded and published).
The proportion of chairs appointed by each party will continue to be designed to reflect the balance of the parties; but the influential Public Accounts Committee must have a chair taken from the official Opposition.
The new arrangements will not apply to Public Bill Committees or to Committees considering motions on draft or actual subordinate legislation or on European legislation. The changes also do not affect the Joint Committee on Statutory Instruments which looks at technical aspects of subordinate legislation.
PLC will monitor these changes from the beginning of the new Parliament and will provide updates on their impact.