Select Committee on European Legislation

Select Committee on European Legislation
Name	Select Committee on European Legislation
Legislature	Parliament of the United Kingdom
Type	Inquiry committee
Established	2001
Jurisdiction	European Union legislation
Chamber	House of Lords
Chair	Lord Hodgson of Astley Abbotts
Members	10

Select Committee on European Legislation

The Select Committee on European Legislation is a statutory committee of the House of Lords tasked with examining European Union measures and their transposition into United Kingdom law. It liaises with counterparts such as the European Scrutiny Committee in the House of Commons and engages with institutions including the European Commission, the Council of the European Union, and the European Parliament. The committee's remit intersects with bodies like the Constitutional Committee (House of Lords), the Treasury Committee (House of Commons), and the Foreign Affairs Committee (House of Commons).

History

The committee was established amid debates following the Maastricht Treaty and the Treaty of Lisbon to scrutinise EU law and its effects on UK sovereignty. Its creation reflected concerns raised by figures such as Margaret Thatcher, Tony Blair, and John Major about parliamentary oversight of Community acquis. Early activity involved responses to frameworks from the Single European Act, the Schengen Agreement, and directives influenced by the European Court of Justice. The committee adapted after the Treaty on European Union reforms and the expansion of the European Union to include states from the Eastern enlargement of the European Union.

Role and Functions

The committee assesses statutory instruments and legislative measures originating from the European Commission and monitors implementation under directives and regulations emanating from the Council of the European Union. It scrutinises impact upon instruments such as the European Communities Act 1972 and engages with ministers from departments represented in the Cabinet Office, the Department for Exiting the European Union, and the Department for Business, Innovation and Skills. The committee produces reports that inform debates in the House of Lords and may prompt references to the Privy Council or the Judicial Committee of the Privy Council where constitutional questions arise. It commissions evidence from institutions including the Bank of England, the Competition and Markets Authority, and the Food Standards Agency when EU-derived rules affect those bodies.

Membership and Appointment

Membership is drawn from peers across groups such as the Conservative Party (UK), the Labour Party (UK), the Liberal Democrats (UK), and crossbenchers aligned with figures like Lord Joffe and Baroness Hayter of Kentish Town. Chairs have included prominent peers with expertise in European affairs, with links to think tanks such as the Chatham House and the Institute for Government. Appointments are made by the House of Lords Commission and follow conventions mirrored in committees like the European Union Committee (House of Lords). Members often have prior service on the Foreign Affairs Select Committee or the International Relations Committee.

Procedures and Powers

The committee exercises powers to take oral and written evidence from officials including commissioners such as José Manuel Barroso and Ursula von der Leyen and ministers including William Hague and Philip Hammond. It issues reports subject to debate in the House of Lords and can request documents under privileges comparable to those used by the Public Accounts Committee (House of Commons). Its procedural rules draw on Standing Orders overseen by the Lord Speaker and the Committee Office. Where necessary, it refers matters to judicial bodies such as the European Court of Human Rights or domestic courts considering the Human Rights Act 1998 interplay with EU-derived measures.

Notable Inquiries and Reports

High-profile inquiries have examined subjects including the legal basis for the Common Agricultural Policy, the regulatory framework of the Single Market, and the migration impacts of the Free Movement of Persons. Reports have influenced debates on the Withdrawal Agreement, the Northern Ireland Protocol, and the European Economic Area. The committee has produced influential analysis on the Services Directive, the Working Time Directive, and the regulation of financial services following crises such as the 2008 financial crisis. Its publications have been cited by actors including the National Audit Office, the Bank for International Settlements, and the Organisation for Economic Co-operation and Development.

Relationship with Other Parliamentary Bodies

It cooperates with the European Scrutiny Committee (House of Commons), the Public Administration and Constitutional Affairs Committee (House of Commons), and the Joint Committee on Human Rights. Cross-reference with devolved institutions like the Scottish Parliament, the Senedd Cymru, and the Northern Ireland Assembly occurs where EU measures impact devolved competences. International engagement extends to parliamentary partners such as the Bundestag, the Sénat (France), and the European Parliament Committee on Legal Affairs.

Criticisms and Reforms

Critics including commentators from The Economist, the Institute for Public Policy Research, and academics at Oxford University and London School of Economics argued the committee had limited powers to block EU measures and needed reform to increase transparency. Proposals for change referenced reports by the Constitution Unit (UCL), recommendations from the Bingham Centre for the Rule of Law, and comparative practices in the Bundestag and the Congress of the United States. Reforms following the Brexit process altered its remit, prompting legislative responses in the form of amendments to the European Union (Withdrawal) Act 2018 and debates in the House of Commons over post-exit scrutiny mechanisms.

Category:House of Lords select committees