A guide to Westminster

Legislation stems from an extensive process of inspiration, deliberation and reformation before it arrives on the statute book. Understanding how this process develops and where and when to feed into it forms a crucial part of making politics and government work for you.

Where policy comes from: other legislative bodies

Europe

A series of amendments to the European Communities Acts (the 1985 Single Market Act, the Maastricht Treaty and the Amsterdam Treaty) have gradually increased the influence Europe plays in policy formation.

The European Commission

The European Commission is responsible for studying the European market, proposing EU-wide initiatives and developing cross-border regulation. However, contrary to the myths put about concerning faceless unelected bureaucrats gradually assuming control of the whole of Europe, Commission activities must be approved by the Council of Ministers (composed of the relevant national representatives) or, to a lesser extent, the directly-elected European Parliament.

There have in the past been concerns raised about the Commission’s reluctance to co-operate with national legislatures on the early periods of policy development. However, since the early nineties, developments towards transparency have moved forward, with national representatives gaining increased access to the European institutions and earlier disclosure of Commission proposals.

Implementation

Any proposed European directive or regulation must first be considered by the European Scrutiny committee before a UK minister is authorised to approve it within the Council of Ministers. This committee, of sixteen members, must scrutinise all documents that are passed to it. About two thirds of these are considered to be legally or politically insignificant. Of the remainder, they may recommend no further action, debate by a standing committee, or debate in the chamber of the House.

European standing committees are distinct from normal standing committees in that their membership is determined for the duration of an entire parliament. Essentially however they operate in a similar fashion. Any MP may attend standing committees to question the relevant Minister on the documents in front of it. However only appointed members may vote. Following the vote the committee proposes a motion to be passed to the House for general debate.

Where it moves to the floor of the House, it will proceed in the normal fashion. A named day will arrive, amendments may be proposed, and a debate will ensue with the Government setting out its proposed course of action. At the close of debate the House will divide and the scrutiny process ends.

The Court of Justice

The fourth pillar of the EU that has an effect on the UK is the European Court of Justice. Unlike UK courts, rulings of the Court of Justice have the power to overturn national legislation. Therefore, an unforeseen ruling may lead to urgent reappraisal within the UK of how implementation must occur, possibly leading to the need for the development of primary legislation.

[About us] [Working with Politics International] [Our Reach] [Political Research and Information Service]
[Code of Conduct] [Our Clients] [Political Training] [Contact Us]