Considered by the Home Affairs Committee (House of Commons) Procedures

House of Commons

A step of type Business step.

Most inquiries result in a report to the House, containing recommendations to the department, the wider Government, and sometimes other organisations such as arms-length agencies or regulators. Committees can also produce reports without a full committee inquiry taking place.

There are 4 procedures.

1. Treaties subject to the Constitutional Reform and Governance Act 2010

   A treaty may be ratified if the Commons does not resolve against ratification within 21 sitting days. A Minister may extend this period. If the Commons resolves against ratification, a Minister may make a statement in disagreement, following which the Commons may consider for a further 21 sitting days. Even if the Lords resolves against ratification, a Minister may make a statement that the treaty be ratified. A Minister may determine a treaty be ratified without it being laid before Parliament.

2. Proposed negative statutory instrument

   A Minister may exercise powers under the EU (Withdrawal) Act 2018 or the Retained EU Law (Revocation and Reform) Act 2023 to propose that instruments be subject to the proposed negative procedure. After a proposed negative instrument has been laid, each House has ten sitting days in which it may consider the instrument and agree with the proposal of the Minister, or instead recommend the instrument be subject to the draft affirmative procedure. In the Commons, the instrument is considered by the European Statutory Instruments Committee. In the Lords, the instrument is considered by the Secondary Legislation Scrutiny Committee. Any result of consideration does not bind a Minister, who must nevertheless make a written statement if disagreeing with a recommendation of a committee.

3. Proposed negative statutory instruments: Commons committees

4. CRAG Treaty HAC