BUSINESS OF THE HOUSE (TODAY): European Statutory Instruments Committee
Ordered,
That the following Standing Order shall have effect for the remainder of this Parliament:—
(1) There shall be a select committee, called the European Statutory Instruments Committee, to examine and report on—
(i) any of the following documents laid before the House of Commons in accordance with paragraph 3(3)(b) or 17(3)(b) of Schedule 7 to the European Union (Withdrawal) Act 2018—
(a) a draft of an instrument; and
(b) a memorandum setting out both a statement made by a Minister of the Crown to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament (the negative procedure) and the reasons for that opinion, and
(ii) any matter arising from its consideration of such documents.
(2) In its consideration of a document referred to in paragraph 1(i) the committee shall include, in addition to such other matters as it deems appropriate, whether the draft instrument—
(i) contains any provision of the type specified in paragraph 1(2) or 10(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 in relation to which the Act requires that a draft of the instrument must be laid before, and approved by a resolution of, each House of Parliament (the affirmative procedure);
(ii) otherwise appears to make an inappropriate use of the negative procedure; and shall report to the House its recommendation of the procedure which should apply.
(3) The committee shall have regard to the reasons offered by the Minister in support of the Minister’s opinion that the instrument should be subject to the negative procedure.
(4) Before reporting on any document, the committee shall provide to the government department concerned an opportunity to provide orally or in writing to it or any subcommittee appointed by it such further explanations as the committee may require except to the extent that the committee considers that it is not reasonably practicable to do so within the period provided by the Act.
(5) It shall be an instruction to the committee that it shall report any recommendation that the affirmative procedure should apply within the period specified by the Act.
(6) The committee shall consist of sixteen Members of whom at least seven shall be women and at least seven shall be men.
(7) The committee and any sub-committees appointed by it shall have the assistance of the Counsel to the Speaker.
(8) The committee shall have power to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee’s order of reference.
(9) The committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from time to time.
(10) The committee shall have power to appoint sub-committees and to refer to such subcommittees any of the matters referred to the committee.
(11) Each such sub-committee shall have power to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report to the committee from time to time.
(12) The committee shall have power to report from time to time the evidence taken before such sub-committees, and the formal minutes of sub-committees.
(13) The quorum of each such sub-committee shall be two.
(14) The committee shall have power to seek from any committee of the House, including any committee appointed to meet with a committee of the Lords as a joint committee, its opinion on any document within its remit, and to require a reply to such a request within such time as it may specify.
(15) Unless the House otherwise orders each Member nominated to the committee shall continue to be a member of it for the remainder of the Parliament, or until this Standing Order lapses, whichever occurs sooner.
(16) This Standing Order, to the extent that it relates to a regulation-making power provided to the Government under sections 8, 9 or 23(1) of the European Union (Withdrawal) Act 2018, shall lapse upon the expiry of the power to make new regulations under those sections and shall lapse entirely upon expiry of the last such remaining power.