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In the few days between the calling of a general election and the dissolution of the Westminster Parliament, outstanding legislation is expedited through the Commons and Lords on the basis of deals made privately between the government and main opposition party. This process, known as the wash-up, has been criticised for restricting parliamentary scrutiny and marginalising backbenchers, crossbenchers and the other parties. While not a new phenomenon, it has received greater attention this year, with the passage of the wide-ranging Constitutional Reform and Governance Bill and the controversial Digital Economy Bill both attracting considerable concern and criticism. This article examines the political, legislative and constitutional questions raised by the wash-up process, assesses the adequacy of the measures utilised to offset them, and explores what reforms might be considered in the future.
