Constitutional law

The Joint Committee on the Fixed-Term Parliaments Act has been appointed to carry out a review of the operation of the 2011 Act and make recommendations for the repeal or amendment of that Act as necessary.

The Independent Review of Administrative Law (IRAL) was launched in July 2020 to consider options for reform to the process of Judicial Review

The Constitution Committee carried out an inquiry into the constitutional implications of Covid-19 in 2020.

 

In July this year, the Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma published a white paper on plans to legislate for a UK internal market to ensure that cross-border business can continue unimpeded within the UK once the many powers previously exercised at EU level are returned to the UK Government and devolved administrations. According to the white paper, these proposals will give devolved administrations “unprecedented regulatory freedom within new UK frameworks, allowing them to benefit from opportunities to innovate”.

 

 

The Committee is inquiring into the COVID-19 pandemic, focusing on the four-nation approach, intergovernmental communication, scientific advice, policy divergence, and the impact of coronavirus on various sectors in Scotland.

The UK Parliament's Public Administration and Constitutional Affairs Committee launched an inquiry into the Fixed-term Parliaments Act 2011.

The UK Parliament's Public Administration and Constitutional Affairs Committee has issued an Inquiry into the Role of Parliament in the UK Constitution: The Scrutiny of International and Other Agreements.  

The UK Parliament's European Scrutiny Committee has issued an Inquiry into Post-Brexit Scrutiny of EU Law and Policy

  • View the inquiry on the UK Parliament's website
  • View the Law Society's response here (September 2019)

The UK Parliament's Exiting the European Union Committee has issued an inquiry on the role of the parliament on the progress of the UK’s negotiations on EU withdrawal.

Ahead of the Motion for debate in the Scottish Parliament tabled by Patrick Harvie MSP on revoking Article 50, we have issued comment on its legal consequences. 

We have issued comment on the Draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019.

Ahead of the debates on Motion 2 in the Prime Minister's name on Order Paper 274 on section 13 of the European Union (Withdrawal) Act 2018 on 25 March 2019 we issued comment on the legislative consequences of the proposed amendments.

The House of Commons Liaison Committee has launched an inquiry on the effectiveness and influence of the select committee system.

The Scottish Government has issued a consultation on a proposal for ensuring compliance with the European Convention on Human Rights on the matter of prisoners voting.

The UK Parliament's Joint Committee on Human Rights has issued an inquiry into whether parliament should set up a specific mechanism to scrutinise international agreements for compliance with human rights post-Brexit and what processes should be followed to ensure adequate scrutiny of compliance with human rights standards in international agreements.

The House of Lords Constitution Committee held an inquiry into Parliamentary scrutiny of treaties. 

The UK Parliament's Scottish Affairs Committee has issued an inquiry investigating the relationship between the UK and Scottish governments.

The House of Commons Procedure Committee has issued a call for evidence on the Withdrawal Agreement Bill.

The UK Parliament's Joint Committee on Human Rights has issued an inquiry on 20 years of of the Human Rights Act.

The UK Government has issued a White Paper on Legislating for the Withdrawal Agreement between the United Kingdom and the European Union. The White Paper sets out how the Government will implement the final Withdrawal Agreement reached with the EU in UK law. 

The Scottish Parliament's Finance and Constitution Committee has issued an inquiry on common UK frameworks.

The House of Lords Constitution Committee has issued an inquiry into the legislative process to follow its 2004 report on Parliament and the Legislative Process.

The UK Government's International Trade Committee has issued an inquiry into UK Trade Policy Transparency and Scrutiny:

The House of Lords' Secondary Legislation Scrutiny Committee has issued a short inquiry investigating the criteria which should be applied in deciding whether a statutory instrument (SI) to be laid under clauses 7 to 9 of the European Union (Withdrawal) Bill should be upgraded from a negative to an affirmative procedure instrument.

The House of Lords Liaison Committee has launched a wide-ranging review of investigative and scrutiny committees, the first full review in 25 years. The review aims to investigate issues such as how committees can add value to the scrutiny work of the House of Lords as a second chamber and what the strengths and weaknesses are of the current House of Lords committee structure and what should change.

The UK Government has issued a policy paper outlining the United Kingdom's position on cross-border civil judicial cooperation in the future partnership with the European Union.

The House of Commons Procedure Committee has issued a further call for evidence seeking views on the operation of the proposed sifting committee to consider secondary legislation under the European Union (Withdrawal) Bill.

The House of Commons EU Justice Sub-Committee has issued an inquiry to consider enforcement and dispute resolution post-Brexit.

The UK Parliament's Public Administration and Constitutional Affairs Committee has issued an inquiry on devolution and exiting the EU.

The UK Parliament's Joint Select Committee on Human Rights is currently scrutinising the European Union (Withdrawal) Bill.

The UK Government and the EU Commission have issued position papers with regards to judicial and administrative proceedings that are ongoing at the point of exit from the European Union.

The Scottish Parliament Equalities and Human Rights Committee have issued an inquiry on prisoner voting in Scotland.

The UK Government has issued a policy paper which sets out the government's offer for EU citizens in the UK and UK nationals in the EU on their rights and status after the UK leaves the EU.

The Constitutional Law Sub-Committee issued a briefing ahead of the Debates on the Address on 27 and 28 June 2017.

The Great Repeal Bill White Paper sets out the government’s proposals for ensuring a functioning statute book once the UK has left the EU.

The Public Administration and Constitutional Affairs Committee has launched an inquiry to investigate channels of meaningful engagement between the UK Government and the devolved administrations during negotiations on the UK's withdrawal from the EU.

The Scottish Government has published for consultation a draft Referendum bill in order that it is ready for introduction should the Scottish Government conclude that seeking the view of the Scottish people on independence is the best or only way to protect Scotland's interests in the wake of the EU referendum.

On 17 January 2017 the Prime Minister set out the 12 principles which will guide the government in fulfilling the democratic will of the people of the United Kingdom. The UK Government's White Paper sets out the basis for these priorities and the approach to forging a new strategic partnership between the United Kingdom and the EU.

The House of Lords European Union Committee has issued an inquiry to consider the political and economic implications of Brexit for Scotland, Wales and Northern Ireland, and the devolution settlement as a whole.

The Commission on Parliamentary Reform has issued a call for written views on all three aspects of their remit, namely: how the Scottish Parliament engages with the people of Scotland; the identity of the Scottish Parliament, as distinct from the Scottish Government; and whether the right 'checks and balances' are in place to ensure effective parliamentary business.

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