Scrutiny of European Statutory Instruments

Robin Swann Excerpts

Tuesday 11th February 2025 Commons Chamber

[The Leader of the House of Commons (Lucy Powell)]

I thank the hon. and learned Member for North Antrim (Jim Allister) for that contribution, which I am sure the House has heard. May I first explain to hon. Members that the motion on the Order Paper is not anything to do with European Scrutiny Committee? We dealt with that previously. The motion is about the European Statutory Instruments Committee, a specific Committee whose role was to consider whether certain proposed negative instruments in relation to the UK’s withdrawal from the EU should instead follow the affirmative procedure. In the Committee’s absence, all measures have proceeded through the affirmative procedure instead.

The hon. and learned Gentleman asked about the numbers, which, in fact, are quite low. I think that previously the Committee looked at about 50 instruments per parliamentary Session, but by the year of the final Session of the last Parliament it was down to just 11, and it has been lower since then as well. We are talking about a tiny number of instruments being considered for the affirmative procedure.

[Robin Swann (South Antrim) (UUP)]

rose—

[Lucy Powell]

I will give way if the intervention is on that point.

[Robin Swann]

In regard to that, as the hon. and learned Member for North Antrim (Jim Allister) asked, if there is such a low number of instruments and the Committee is not to meet so regularly, why not give Northern Ireland a place on it?

[Lucy Powell]

The proposal is that the Committee will not meet and that measures will be considered by the relevant Select Committee. So, were measures to relate to Northern Ireland, they would be considered by the Northern Ireland Affairs Committee. That is what the motion relates to, and not the European Scrutiny Committee, which a number of hon. Members mentioned.

The European Statutory Instruments Committee did specific work, and we now feel that it would not be value for money for the House to pay for a Chair and to facilitate a Committee that would need to meet only on rare occasions to consider whether a statutory instrument should go through the affirmative route, As I said, in the absence of the Committee, all such instruments have gone through the affirmative route, and in future they will be considered by the relevant Select Committee of this House, which I am sure in many instances will be the Northern Ireland Affairs Committee.

I hope that that reassures Members. I take these matters extremely seriously. It is very important that this House scrutinises measures, whether statutory instruments generated by the Government, other legislation or the rolling on of measures from the European Union or elsewhere. I am happy to keep under consideration how best we can consider these matters should the context change. If Members in the Chamber today have other ideas, they can let me know and I will happily consider them.

Question put and agreed to.