Standing Committee on Justice and Community Safety (Legislative Scrutiny Role)

A committee's terms of reference come from its establishing resolution. The Assembly passes this to set out what a committee can focus on and what functions it has. It can also amend resolutions at any time to alter or expand the focus of a committee's work.

Click here to read the Assembly’s full resolution of establishment for the committee.

The Assembly resolved to establish a standing committee on Justice and Community Safety on 2 December 2020. They required it also perform a legislative scrutiny role. It laid out the following:

"(10) The Standing Committee on Justice and Community Safety is also to perform a legislative scrutiny role of bills and subordinate legislation by:

(a) considering whether the clauses of bills (and amendments proposed by the Government to its own bills) introduced into the Assembly: (i) unduly trespass on personal rights and liberties; (ii) make rights, liberties and/or obligations unduly dependent upon insufficiently defined administrative powers; (iii) make rights, liberties and/or obligations unduly dependent upon non-reviewable decisions; (iv) inappropriately delegate legislative powers; or (v) insufficiently subject the exercise of legislative power to parliamentary scrutiny; and (vi) consider whether any explanatory statement associated with legislation meets the technical or stylistic standards expected by the Assembly;

(b) reporting to the Legislative Assembly about human rights issues raised by bills presented to the Assembly pursuant to section 38 of the Human Rights Act 2004;

(c) considering whether any instrument of a legislative nature made under an Act which is subject to disallowance and/or disapproval by the Assembly (including a regulation, rule or by-law): (i) is in accord with the general objects of the Act under which it is made; (ii) unduly trespasses on rights previously established by law; (iii) makes rights, liberties and/or obligations unduly dependent upon non-reviewable decisions; or (iv) contains matter which in the opinion of the Committee should properly be dealt with in an Act of the Legislative Assembly; and

(d) consider whether any explanatory statement or explanatory memorandum associated with legislation and any regulatory impact statement meets the technical or stylistic standards expected by the Assembly.".

In this role, the committee examines all bills and subordinate legislation presented to the Assembly. It does not comment on policy contained within legislation. Its scrutiny is non-partisan, non-political, and technical, so it helps advise the Assembly pass laws which are well-written, follow best practice, and are human rights compliant.