Great Britain: Parliament: House of Commons: Constitutional Affairs Committee's Books

Parliament and the judiciary have different and complementary roles in determining sentencing; Parliament sets the overall legislative framework, sentencers determine the individual sentence in a particular case. In the middle sit sentencing guidelines. The Justice Committee provides a form of parliamentary comment on these by considering draft sentencing guidelines. This is an area that has recently been subject to debate in terms of how to enhance democratic engagement within the constitutional framework. The Committee's work with sentencing guidelines suggests that more attention needs to be paid to how sentencing contributes to public confidence in the criminal justice system and to the costs of different sentences and their relative effectiveness in achieving the purposes of sentencing. These areas will be the priorities for the Committee's scrutiny of sentencing guidelines, and scrutiny of criminal justice policy more broadly. The danger of a sentencing policy based on misconceptions about what the public wants is that over the longer term resources will be diverted away from a sentencing framework that is effective in reducing re-offending, creating more victims of crime. There are still fundamental questions to be answered in discerning what works in achieving an effective sentencing framework.

House of Lords annual Report 2006/07

There has been repeated criticism in recent years from a variety of sources about both the quantity and quality of legislation. The Committee's inquiry into Ensuring standards in the quality of legislation has considered these criticisms, analysed the core problems and causes of bad quality legislation, and looked to provide solutions for both the Government and Parliament to improve the quality of legislation. The Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales have adapted the Westminster model in order to improve the quality of their legislation; it is now the turn of Westminster to look at their processes and adapt them for use here. The Committee has concluded that it would be beneficial for Parliament and the Government to work together to agree standards for what makes good legislation, and as a starting point for discussion publishes a draft Code of Legislative Standards with the report. The Committee also recommends the creation of a Joint Legislative Standards Committee to provide oversight of the Cabinet's Parliamentary Business and Legislation Committee's approach to and use of the finalised Code of Legislative Standards, to ensure that the quality standards set out in the Code of Legislative Standards are met. The Committee considers that these recommendations would also improve the quality of constitutional legislation, in particular, by requiring the Government to adopt an agreed test to identify constitutional legislation and thereby improve Parliament's scrutiny of it

Incorporating HCP 166-ii,iii,iv session 2006-07

The Committee recognises the appetite in many quarters for fundamental constitutional change and welcomes the Government's renewed focus on constitutional reform and renewal in response to this. It is surprised by the limited provisions in the Constitutional Reform and Governance Bill, and fears that this may be a missed opportunity to make progress in some areas of reform. Any programme introducing fundamental change should be carefully constructed and aimed at a coherent outcome taking into account the widest possible range of views and allowing sufficient time for consideration and response. The Government's approach to constitutional reform has been ad hoc and piecemeal. Reform must underpinned by a set of constitutional principles based on a proper understanding of the position and role of Parliament in relation to the other institutions of state. The report covers the Parliamentary Standards Bill, House of Lords reform, a written constitution, stronger powers to local government, electoral reform, young people's engagement with politics, freedom of information. The Committee cautions that inappropriate handling of bills and proposals for reform specifically designed to restore public trust may further undermine that trust.

Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence

Treaty of Lisbon : An impact assessment, 10th report of session 2007-08, Vol. 2: Evidence

The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.

The Committee's report examines the UK Government's key agricultural and environmental priorities during its Presidency of the EU, based on the evidence given by the Secretary of State, Rt Hon. Margaret Beckett MP. There are five major priorities identified, with the theme of better regulation running through the agenda: action on climate change; progress on chemicals legislation; World Trade Organization negotiations; sugar regime reforms; and the introduction of the new sustainable development strategy.

The draft Bill and White Paper were included in Cm. 7342-I,II,III (ISBN 9780101734226) which follows the Green paper issued in July 2007, Cm. 7170 (ISBN 9780101717021) and various other Governance of Britain papers

Crown Dependencies : Eighth report of session 2009-10, report, together with formal minutes, Vol. 2: Oral and written Evidence

This report contains evidence from the Nature Conservation and Fisheries Minister, Ben Bradshaw following a number of scrutiny overrides resulting from the late deposit of items before Council meetings. The Committee want the Government to address shortcomings in the EU's fisheries policy decision-making process during the time of its presidency of the European Union.

Incorporating HC 565-i to v, session 2003-04

The Royal prerogative derives from the constitutional settlement enshrined in the Bill of Rights 1688, and under such powers the Government can declare war and deploy armed forces to conflicts abroad without the consent of Parliament. However, given that the Government agreed to a parliamentary vote before the Iraq war in 2003, there have subsequently been widespread calls for the convention to be established that the Government should always seek Parliamentary approval before taking any action in future conflicts. The Committee's report examines the alternatives to the use of the Royal prerogative power in the deployment of armed force, whether there should be a more direct role for Parliament and in particular whether Parliamentary approval should be required for any deployment of British forces outside the UK (whether or not into areas of conflict), or if there is a need for different approaches in different situations, for example in honouring commitments under international treaties or in pursuance of UN Security Council resolutions. The Committee concludes that the use of the Royal prerogative is outdated and recommends that a parliamentary convention be established to determine the role Parliament should play in making decisions to deploy force or forces outside the UK to war, intervention in an existing conflict or to environments where there is a risk that the forces will be engaged in conflict.

Justice and home affairs issues at European Union Level : Third report of session 2006-07, Vol. 2: Oral and written Evidence

Annual report For 2004 : First report of session 2004-05, report, together with appendices and formal Minutes

Counter-terrorism policy and human Rights : Terrorism Bill and related matters, third report of session 2005-06, Vol. 2: Oral and written Evidence

The Sewel Convention seeks to ensure that the UK Parliament legislates on devolved matters only with the express agreement of the Scottish Parliament, and consent is also required for legislation on reserved matters if it alters the powers of the Scottish Parliament or Scottish Ministers. Following on from a report by the Scottish Parliament Procedures Committee on the operation of the Convention (SP paper 428, 7th report, session 2 (2005) (ISBN 1406113220) published in October 2005), the Committee's report focuses on ways of improving the communications procedure between the Scottish and Westminster Parliaments, and how MPs could be better alerted that a particular Bill before Parliament had been subject to a Sewel motion in the Scottish Parliament. Recommendations made include: the introduction of a formal process whereby the Scottish Parliament notifies Westminster when a Sewel motion has been passed and the 'tagging' of all relevant public Bills; and the need for an explicit statement on explanatory notes to Bills as to which parts of the UK the provisions will affect. The report also recommends the further consideration of the need to establish a 'Super' Scottish Grand Committee, composed of Scottish MPs, MSPs and Scottish MEPs, to discuss matters of mutual interest.

The passerelle ("bridge") provisions relate to simplified procedures designed exclusively for revision of the Constitutional Treaty.

With corrigendum dated May 2006.

A constructive relationship between the three arms of government - the executive, legislature and judiciary - is essential for the effective functioning of the constitution and the rule of law. In recent years the character of these relationships has changed. The Committee has thus taken the opportunity of their annual examination of the Lord Chief Justice and Lord Chancellor as a starting point of an assessment of the impact of the changes. After an introduction there are three main sections that examine: the executive and the judiciary; parliament and the judiciary; judiciary, media and the public.

The depth and pace of EU integration has demonstrated the need for effective democratic parliamentary scrutiny and accountability of Government at Westminster. This is the first major inquiry into the European scrutiny system in the House of Commons for eight years. There is more that the Committee could do to look at the impact of new proposals. There should be a new requirement to appoint 'Reporters' to take the lead within Committees on EU issues, as well as a more coordinated approach to the Commission Work Programme. Whilst the system need not be scrapped as some have said, it must be enhanced. Many problems arise from the fact that new Members are appointed for each document. The Committee argues forcefully for a return to the permanent membership system, new powers and a change of name to reflect the Committees' core purpose: EU Document Debate Committees. The Committee also examined how EU business is taken on the floor of the House, and the procedures which apply to it. They set out a series of recommendations about the way debates are scheduled and conducted and put the case for a new session of 'EU Questions'. They also review working practices and the visibility of the House's scrutiny of the EU in the media. It concluded that now is the time to propose the introduction of a form of national veto over EU legislative proposals, and then to explore the mechanics of disapplication of parts of existing EU obligations, notwithstanding the European Communities Act 1972

This progress report presents evidence taken by the Committee during the summer recess on the draft EU Reform Treaty on which negotiations have been proceeding in the Inter Governmental Conference (IGC), as well as correspondence raising questions with the Minister for Europe. The Committee sets out its plan for further in depth analysis of the impact of the reform Treaty on the UK and discusses specific questions of the role of national parliaments. The report notes the tight mandate given to the IGC has had the effect that its work has been largely technical and asks the Government to report to the House on the impact of this procedure.

This seventh annual report covers the 12 month period until the end of July 2004. The human rights report is designed to provide detailed information for Parliament and for other interested parties on the FCO's activities to promote human rights, democracy and good governance abroad. These activities cost over £12 million in 2003-04. The key human rights issues in some 20 countries, ranging from Afghanistan to Iraq and Zimbabwe, are described. The report also covers the course of international debate on human rights. Specific chapters deal with: human rights and conflict; economic, social and cultural rights; human rights and the rule of law; democracy, equality and freedom; women's rights and child rights.

The Government is expected to respond to all reports from the Committee, within two months of publication The Committee then makes them available to the House and publishes them as required. This report makes 35 such responses available.

This Command Paper is part of a series of documents looking at constitutional and electoral issues whose objectives and aims are set out in the original Green Paper (Cm. 7170 - The Governance of Britain, ISBN 978010171021). This Paper is divided into seven chapters with annexes, and sets out a review of the voting systems, with the chapters covering the following topics: an introduction to the subject; a summary of electoral systems operating in the UK; some arguments for and against different voting systems; the new voting systems and the experience since 1997; an assessment of the experience and a comparison with the international experience of voting systems. The publication draws information from previous reviews of voting systems, academic papers, books and other resources up to the end of October 2007. It takes account of the experiences of the new voting systems in the UK, for the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly, the London Assembly, the London Mayor and the European Parliament.

Book's by Great Britain: Parliament: House of Commons: Constitutional Affairs Committee

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