Pre-legislative scrutiny at the Oireachtas Justice Committee

How pre-legislative scrutiny works

Before the Government publishes a Bill, it must send an outline of it, the General Scheme (or "Heads of Bill"), to the relevant Oireachtas committee. The committee can study it, take evidence and send the Minister a report with recommendations. This is pre-legislative scrutiny (PLS). This page lists the steps, what each step produces, and how you can tell when it happened.

This site covers the Joint Committee on Justice, Home Affairs and Migration of the 34th Dáil. The same rules apply to every departmental committee.

The rules in short

The steps

PUBLIC means you can see the step and its documents. PARTLY PUBLIC means only some of it is visible. NOT PUBLIC means the step happens, but its documents are not published.

  1. The Government approves the General Scheme PUBLIC

    Documents
    When
    The press release date. The committee's report usually repeats it later. The Legislation Programme gives only the month.
  2. The Minister sends the scheme to the committee NOT PUBLIC

    This starts the eight-week clock. The date sometimes appears months later in the report or in a Minister's answer to a parliamentary question.

  3. The committee decides whether and how to scrutinise NOT PUBLIC

    Options range from a waiver or a single Department briefing to hearings with written submissions (Bills Office guide, sections 3.10–3.11 [copy]). Waivers usually become public only when the Minister mentions them in the Dáil.

  4. Department briefing (optional) PUBLIC

    Officials explain the scheme to the committee. Sometimes this is the whole scrutiny. Briefings can also be held in private.

    Documents
    Press release, video, transcript (Official Report), the Department's opening statement.
    When
    The meeting date in the committee schedule.
  5. Call for written submissions PARTLY PUBLIC

    Usually the Clerk writes privately to chosen organisations. Occasionally the committee publishes an open call.

    Documents
    For an open call: a page under Public consultations, with the closing date (public consultation page for the International Protection scheme [copy]).
    When
    The open-call page. Otherwise, invitation dates only become known if a submitter quotes them later.
  6. Submissions are received and summarised NOT PUBLIC

  7. The committee chooses witnesses NOT PUBLIC

  8. Public hearing(s) PUBLIC

    Witnesses make short opening statements and members question them. Department officials attend as observers.

    Documents
    Press release naming the witnesses (usually the day before or on the day), video, opening statements, transcript.
    When
    The meeting date in the committee schedule.
  9. The committee drafts and agrees its report NOT PUBLIC

  10. The report is published and sent to the Minister PUBLIC

    The report is laid before the Dáil and Seanad. After a briefing-only scrutiny it is usually a one-page letter from the Chair.

    Documents
    The report (committee documents page); the written submissions, usually published the same day; sometimes a press release.
    When
    The report's publication date. This is the end of PLS.
  11. The Government considers the report PARTLY PUBLIC

    Any letter from the Minister to the committee is not published. What you can see:

    Documents
    • The Library & Research Service Bill Digest. It often compares the Bill with each recommendation and prints the Department's comments.
    • Ministers' answers to parliamentary questions.
    When
    The date of the Bill Digest; dates of the answers.
  12. The Bill is published PUBLIC

    Documents
    Bill text, Explanatory Memorandum, the Bill's page on oireachtas.ie.
    When
    The "First Stage" date on the Bill's page.
  13. The Bill goes through the Dáil and Seanad PUBLIC

    If PLS took place, the committee Chair gets a speaking slot at Second Stage (SO 183). Members can propose amendments based on the report.

    Documents
    Debate transcripts, amendment lists, Bill versions, the final Act.
    When
    The stages listed on the Bill's page.

The beginning and the end of the process are visible to the public; the middle is not. Page 2 shows how each scrutiny went in practice.

Sources