Call for overhaul of parliament scrutiny process

An overhaul of Scottish Parliament scrutiny processes is needed in response to Brexit or else Holyrood is “unlikely to be effective”, an independent panel has warned.

A group of fiscal, economic and constitutional experts has recommended the parliament should define its scrutiny role more clearly as the devolution settlement becomes more complex.

It also said consideration ought to be given to the appropriate level of non-legislative and pre-legislative scrutiny.

The report was commissioned by the Finance and Constitution Committee in light of changes caused by Brexit, devolution and the fiscal framework.

Charlotte Barbour from the Institute of Chartered Accountants, a member of the independent panel, said: “If there is to be meaningful scrutiny of Brexit-related developments, the parliament cannot merely continue with the existing approach to its scrutiny function.

“The future scrutiny burden arising from Brexit is so great that if it is carried out in an ad-hoc manner it is unlikely that it will be done effectively.

“Instead, a more systematic and carefully planned approach is required, albeit with a need for flexibility in order to react to changing circumstances.”

More powers have come to the Scottish Parliament as a result of leaving the EU on top of various Scotland Acts, which the panel said will place “substantial additional demands” on it.

The experts recommended a review of the parliament’s committee structure take place soon to influence the set-up of the next parliament and committee remits after May’s election.

Prof James Mitchell, another member of the panel, added: “The parliament will need to be much more aware of how UK legislation impacts on devolved areas, including the extent to which it constrains the powers of Scottish ministers.

“At the same time, the parliament will need to continue to scrutinise policy developments at an EU level, both in terms of the ongoing impact of the UK-EU trade agreement on devolved areas and the extent to which the keeping pace power is used.”

The report will be considered by the finance committee next week.