Legislative Scrutiny, Co-Ordination and the Social Security Advisory Committee: From System Coherence to Scottish Devolution

Abstract

This article examines the parliamentary processes available to scrutinise draft social security regulations in the UK, highlighting the democratic deficit that exists between executive power and parliamentary authority, and reviewing the unique scrutiny function of the UK Social Security Advisory Committee. The article explores the development of devolved social security powers in Northern Ireland and Scotland and the oversight gap that is now emerging between devolved and reserved powers, with the potential for unintended adverse consequences arising for claimants moving between the different systems within the UK. The article considers the oversight options that might be developed to include independent and expert oversight of devolved social security provision in Scotland, focusing on the need to enable system coherence and fairness in the treatment of claimants, regardless of their geographical circumstances.