MPs launch inquiry into the powers of the House of Commons to call for papers

• Watch Parliament TV: The powers of the House of Commons to call for papers
• Inquiry: The powers of the House of Commons to call for papers
• Procedure Committee

Purpose of the session

This inquiry comes in light of the House's decision to require the Government to provide the House with the Attorney General's legal advice on the effect of the Northern Ireland backstop agreement. The Government subsequently refused to provide the paper requested, and the House found that the Government was in contempt of the House.

As part of the inquiry, MPs will examine the long-standing use of the powers to obtain papers from the Government against their wishes, and the implications of the decision to enforce the demand for production of Law Officers' advice, which is conventionally only disclosed at the discretion of Members.

The committee will also examine the long-standing use of the powers to obtain the protection of the House's privileges for the production of certain classes of paper, such as reports of high-profile public inquiries.

Call for written submissions

Submissions are invited to address any and all of the following issues:

• The nature and extent of the House's power to require the production of papers
• Whether those powers are subject to any limitation
• The procedure whereby such as powers are exercised, in cases where motions are unopposed, or opposed by the Government
• Whether any changes to the House's practices and procedures are required in this respect
• The implications for the House and the Government of the House's recent decision to use and enforce its powers to require the production of legal advice to Government from the Attorney General
• Whether it is desirable to establish a protocol for the handling of papers required by the House which are of a sensitive or confidential character.

Chair of the Procedure Committee, Charles Walker OBE MP commented: “The power of the House of Commons to call for papers is a long-standing privilege which must be used appropriately and proportionately.

“It is vital that a balance is struck between making sure that the Government is open and transparent with the House, whilst ensuring that sensitive or confidential advice – such as that from Law Officers –  is still able to be provided to Ministers.

“Erskine May is silent on how the power to call for Government papers against its will is exercised and so it is important for the Committee to investigate this vital constitutional issue as a matter of urgency.”

Written submissions are required to be made via the Committee's online evidence portal and are invited to be submitted no later than 17:00 on Friday 15 February 2019.

Further information

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