The European Communities Act (1972) does not offer a carte blanche for statutory instruments to be pushed through on anything the EU comes up with, and in this regard only grants ministers the authority to present EU legislation before parliament (as a bill or SI) to enable UK law to be changed. Where SIs are used they will derive their authority from a pre-existing Act. If no such Act exists a new bill will need to be presented. This has most recently been clarified by Section 18 of the European Union Act (2011).
I'm afraid that's simply not true.
There are hundreds and hundreds of SIs that derive their authority only from the 1972 Act. If you have access to Westlaw etc, just go to the 1972 Act, look at the "SIs made under this Act" function and read the preambles to the SIs. For many of these SIs there is no corresponding domestic legislation.
If you really want to disagree with me, perhaps you could tell me what the non-1972 Act legislative basis was for the Utilities Contracts Regulations 2006?
Section 18 of the 2011 Act does not say anything about how directives are implemented. It is a reminder that directly applicable EU law is applicable only because the 1972 Act (or other Acts) says that it is and thus at least technically parliamentary supremacy is maintained. It was inserted for largely political reasons.
Only an Act of Parliament has the full power of an Act of Parliament. SIs can amend certain provisions in Acts provided those Acts give scope for SIs to do so. Acts can only be repealed through the adoption of a repeal Act or through the process of implied repeal, itself a result of the adoption of another later conflicting Act.
That applies to SIs generally but SIs implementing EU directives have much grander powers than this. See section 2(4) of the 1972 Act which provides that
"the provision that may be made under [this section] includes, subject to Schedule 2 to this Act, any such provision (of any such extent) as might be made by Act of Parliament".
It's as if you're reading from a constitutional law textbook without considering the difference between normal statutory instruments and EU-implementing ones.
You appear to be confusing the role of a legislative committee (I guess that's what you mean by a 'bill committee'?) with a select committee.
I said "bill committee" because I meant bill committe, which scrutinise primary legislation. (
http://www.parliament.uk/mps-lords-and-offices/offices/commons/scrutinyunit/public-bill-committees/). We were comparing whether EU legislation receives the same level of scrutiny as bills, and they clearly don't.
Select committes are entirely different and relate to governmental performance monitoring and topical investigations rather than legislative scrutiny.
Once proposals agreed by ministers are adopted and require translating into UK law (be it through an Act of Parliament or through a statutory instrument whose authority is derived from a per-existing Act) a legislative committee will of course be established.
As far as I understand, a dedicated legislative committee will not be established for a 1972 Act SI, which is by far and away the most common way of implementing directives. I've certainly followed the passage of many SIs and have never been aware of any substantive domestic parliamentary debate on them. Scrutiny is more likely to take the form of a public consultation.
Also don't forget the House of Lords Secondary Legislation Scrutiny Committee, which is focused solely on the adoption of statutory instruments by government.
Again, this is a very busy committee which provides nothing like the analysis of a dedicated bill committee even if it decides to call in an SI. Most SIs passed under the 1972 Act are subject only to anulment on a negative resolution rather than requiring any form of positive approval of Parliament.