Textual Amendments
F1Sch. 6B inserted (2.2.2024) by The Windsor Framework (Democratic Scrutiny) Regulations 2024 (S.I. 2024/118), reg. 1(2), Sch.
2.A committee of the Assembly, to be known as the Windsor Framework Democratic Scrutiny Committee, is established.
3.(1)The purpose of the Committee is to assist with the observation and implementation of Article 13(3a) and (4) of the Framework.
(2)In order to fulfil its purpose, the functions of the Committee include—
(a)the examination and consideration of new EU acts and replacement EU acts,
(b)the conduct of inquiries and publication of reports in relation to replacement EU acts,
(c)engagement with businesses, civil society and others as appropriate in relation to replacement EU acts,
(d)engagement with His Majesty’s Government in the United Kingdom in relation to replacement EU acts,
(e)engagement with Ministers and Northern Ireland departments in relation to replacement EU acts,
(f)the collation and publication of evidence collected as part of its other activities, and
(g)dealing with other matters (including legislative proposals which may become new EU acts or replacement EU acts) which the Committee considers to be connected with its purpose or other functions.
4.Membership of the Committee is to be determined in accordance with the standing orders of the Assembly which are to apply in the same way as they apply to a standing committee.
5.(1)Subject to sub-paragraph (2), the power in section 44(1) may be exercised by the Committee as if the Committee had been expressly authorised to do so in accordance with section 44(6).
(2)Subsection (2) of section 44 has effect in relation to the Committee as if for paragraphs (a) and (b) there were substituted “the purpose or functions of the Windsor Framework Democratic Scrutiny Committee”.
6.(1)The Committee may be notified under this paragraph if—
(a)a new EU act or a replacement EU act has been proposed by the European Commission, or
(b)a replacement EU act has been published by the European Union.
(2)A notification is made under sub-paragraph (1) if His Majesty’s government in the United Kingdom provides the notification to—
(a)the chair of the Committee,
(b)the clerk of the Committee,
(c)the clerk to the Assembly, or
(d)the Presiding Officer.
7.(1)Following receipt of a notification under paragraph 6(1)(a), the Committee may monitor the progress of the proposed new EU act or replacement EU act and publish any interim reports which the Committee considers appropriate.
(2)If the Committee decides to monitor the progress of a proposed new EU act or replacement EU act in accordance with sub-paragraph (1), the Committee may also decide to hold an inquiry into that EU act.
8.(1)Following receipt of a notification under paragraph 6(1)(b) the Committee must decide—
(a)whether or not to hold an inquiry into the replacement EU act which was the subject of the notification, or
(b)whether or not to continue an inquiry begun in accordance with paragraph 7(2) in relation to the replacement EU act which was the subject of the notification.
(2)In reaching a decision under sub-paragraph (1), the Committee—
(a)must have regard to whether it appears likely that the replacement EU act–
(i)significantly differs (in whole or in part) from the content or scope of the EU instrument which it amends or replaces, and
(ii)would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist, and
(b)may have regard to any other matters the Committee considers appropriate.
(3)A decision under sub-paragraph (1) must be made no later than five working days after the day on which the notification is made.
(4)The Committee must publish any decision made in accordance with this paragraph.
(5)A failure to make a decision in accordance with this paragraph is to be treated as a decision not to hold an inquiry or not to continue an inquiry which had already begun, as the case may be.
9.(1)A Committee inquiry held in accordance with paragraph 7 or 8 may consider any matters which the Committee considers appropriate.
(2)In conducting an inquiry, the Committee must seek substantive discussion and engagement with—
(a)His Majesty’s government in the United Kingdom,
(b)a Minister or Northern Ireland department, and
(c)to the extent the Committee considers appropriate, representatives of businesses and civil society affected by the new EU act or replacement EU act (or who would be so affected if the act enters into force).
(3)A Minister or Northern Ireland department must comply with any reasonable request for information made by the Committee which is relevant to an inquiry of that Committee.
10.(1)The Committee must publish a report of the conclusions of an inquiry into a replacement EU act no later than fifteen working days before the end of the scrutiny period that relates to that EU act.
(2)A report issued in accordance with sub-paragraph (1) may include any information which the Committee considers appropriate.
(3)The Committee must also publish the following no later than fifteen working days before the end of the scrutiny period—
(a)minutes of all Committee meetings relevant to the inquiry,
(b)minutes of any discussion or engagement conducted in accordance with paragraph 9(2), and
(c)any other evidence collected in the course of the inquiry (whether or not such evidence was relied upon for the production of any report).
(4)Minutes and evidence published in accordance with sub-paragraph (3) may be subject to such redactions or omissions as the Committee considers appropriate.]