Brexit and the House of Commons European Scrutiny Committee
The title of this Article may well be a candidate for the "wooden spoon" of unimaginative titles but the European Scrutiny Committee of the House of Commons has been given a special place in the taxonomy of Brexit-related entities.
Section 13A of the European Union ( Withdrawal) Act 2018 ( as amended) has tasked this Committee with scrutinising EU legislation enacted or proposed during the post-Brexit transition period ending on 31st December 2020 to see whether it affects the "vital national interests" of the UK. If the Committee reaches the conclusion that it does affect those interests, it can require the UK Government to arrange a debate in the House of Commons within 14 days of the Committee publishing a recommendation that there be such a debate.
The House of Lords Scrutiny Committee has similar powers under Section 13A of the 2018 Act ( as amended) to require the UK Government to arrange a debate in the House of Lords on matters which that Committee considers affect the vital national interests of the UK.
Sir William Cash MP, a long-term proponent of Brexit, is the current Chair of the House of Commons European Scrutiny Committee and , following a meeting of the Committee on 11th March 2020, he has written to the Rt Hon Michael Gove MP, the Minister for the Cabinet Office and the effective lead co-ordinator of the UK's relations with the EU during the transition period, explaining how the Committee intends to operate and expressing the hope that there will be effective co-operation from the UK Government in enabling the Committee to undertake its EU legislation scrutiny function.
The Committee will engage with UK Government Ministers as well as with other Select Committees of the House of Commons to enable it to get its job done.
On Section 13A, Sir William Cash MP says that his Committee takes its responsibility "seriously, and will not hesitate to use its new statutory powers where appropriate". He also makes its clear that his Committee may well put pressure on the UK Government to raise EU legislation - related matters in the Joint UK-EU Committee established under Article 164 of the UK-EU Withdrawal Agreement.
The House of Commons European Scrutiny Committee is wanting to take an active role in its executing its Brexit-related scrutiny functions. This does seem important given the scope for things to go wrong in the detailed implementation of post-Brexit arrangements.
Therefore, glamorous or not, the work of the Committee is likely to make its mark.
