 | |
|
A P P E N D I X
|
|
SUB JUDICE RESOLUTIONS |
Resolution of 23 July 1963 |
Resolved, That, subject always to the discretion of the Chair and to the right of the House to legislate on any matter, |
|
(1) matters awaiting or under adjudication in all courts exercising a criminal jurisdiction and in courts martial should not be referred to- |
|
(a) in any Motion (including a Motion for leave to bring in a Bill), or |
|
|
|
(c) in any question to a Minister including a supplementary question; |
|
(2) matters awaiting or under adjudication in a civil court should not be referred to- |
|
(a) in any Motion (including a Motion for leave to bring in a Bill), or |
|
|
|
(c) in any question to a Minister including a supplementary question from the time that the case has been set down for trial or otherwise brought before the court, as for example by notice of motion for an injunction; such matters may be referred to before such date unless it appears to the Chair that there is a real and substantial danger of prejudice to the trial of the case. |
|
(3) Paragraphs (1) and (2) of this Resolution should have effect- |
|
(a) in the case of a criminal case in courts of law, including courts martial, from the moment the law is set in motion by a charge being made; |
|
(b) in the case of a civil case in courts of law, from the time that the case has been set down for trial or otherwise brought before the court, as for example by notice of motion for an injunction; |
|
(c) in the case of any judicial body to which the House has expressly referred a specific matter for decision and report, from the time when the Resolution of the House is passed. |
|
(4) Paragraphs (1) and (2) of this Resolution should cease to have effect- |
|
(a) in the case of courts of law, when the verdict and sentence have been announced or judgment given, but resumed when notice of appeal is given until the appeal has been decided; |
|
(b) in the case of courts martial, when the sentence of the court has been confirmed and promulgated, but resumed when the convicted man petitions the Army Council, the Air Council or the Board of Admiralty; |
|
(c) in the case of any judicial body to which the House has expressly referred a specific matter for decision and report, as soon as the report is laid before the House. |
Resolution of 28 June 1972 |
Resolved, That- |
|
(1) notwithstanding the Resolution of 23 July 1963 and subject to the discretion of the Chair reference may be made in Questions, Motions or debate to matters awaiting or under adjudication in all civil courts, including the National Industrial Relations Court, in so far as such matters relate to a Ministerial decision which cannot be challenged in court except on grounds of misdirection or bad faith, or concern issues of national importance such as the national economy, public order or the essentials of life; |
|
(2) in exercising its discretion the Chair should not allow reference to such matters if it appears that there is a real and substantial danger of prejudice to the proceedings; and should have regard to the considerations set out in paragraphs 25 to 28 of the Fourth Report from the Select Committee on Procedure. |
RESOLUTION made by the House on 17th November 1998, relating to the Scrutiny of European Business |
Resolved, That the Resolution of the House of 24th October 1990 relating to European Community Legislation be rescinded and the following Resolution be made: |
|
That, |
|
(1) No Minister of the Crown should give agreement in the Council or in the European Council to any proposal for European Community legislation or for a common position or joint action under Title V or a joint position, joint action or convention under Title VI of the Treaty on European Union |
|
(a) which is still subject to scrutiny (that is, on which the European Scrutiny Committee has not completed its scrutiny) or |
|
(b) which is awaiting consideration by the House (that is, which has been recommended by the European Scrutiny Committee for consideration pursuant to Standing Order No. 119 (European Standing Committees) but in respect of which the House has not come to a Resolution). |
|
(2) In this Resolution, any reference to agreement to a proposal includes |
|
(a) agreement to a programme, plan or recommendation for European Community legislation; |
|
|
|
(c) in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 189b of the Treaty of Rome (co-decision), agreement to a common position, to a joint text, and to confirmation of the common position (with or without amendments proposed by the European Parliament); and |
|
(d) in the case of a proposal on which the Council acts in accordance with the procedure referred to in Article 189c of the Treaty of Rome (co-operation), agreement to a common position. |
|
(3) The Minister concerned may, however, give agreement |
|
(a) to a proposal which is still subject to scrutiny if he considers that it is confidential, routine or trivial or is substantially the same as a proposal on which scrutiny has been completed; |
|
(b) to a proposal which is awaiting consideration by the House if the European Scrutiny Committee has indicated that agreement need not be withheld pending consideration. |
|
(4) The Minister concerned may also give agreement to a proposal which is still subject to scrutiny or awaiting consideration by the House if he decides that for special reasons agreement should be given; but should explain his reasons |
|
(a) in every such case, to the European Scrutiny Committee at the first opportunity after reaching his decision; and |
|
(b) in the case of a proposal awaiting consideration by the House, to the House at the first opportunity after giving agreement. |
|
(5) In relation to any proposal which requires adoption by unanimity, abstension shall, for the purposes of paragraph (4), be treated as giving agreement. |
|
Upon the entering into force of the Treaty of Amsterdam, the preceding Resolution shall have effect with the following modifications: |
|
In paragraph (1) the words 'a common position or joint action under Title V or a joint position, joint action or convention under Title VI of the Treaty on European Union' are replaced by the words 'a common strategy, joint action or common position under Title V or a common position, framework decision, decision or convention under Title VI of the Treaty on European Union'; and
In paragraph (2)(c) the words 'a common position, to a joint text, and to confirmation of the common position (with or without amendments proposed by the European Parliament),' are replaced by the words 'a common position, to an act in the form of a common position incorporating amendments proposed by the European Parliament, and to a joint text'. |
Resolution of 25 October 1999 |
Resolved, That, subject always to the discretion of the Chair, and in addition to the
estabished rules of order on the form and content of questions, questions may not be tabled
on matters for which responsibility has been dovolved by legislation to the Scottish
Parliament or the National Assembly for Wales unless the question:
|
|
|
|
SESSIONAL ORDERS |
|
Thursday Sittings |
|
Ordered, That, with effect from Monday 11th January until the end of the present session of Parliament, the Standing Orders and practice of the House shall have effect subject to the modifications set out below: |
|
(1) The House shall meet on Thursdays at half-past eleven o'clock, and will first proceed with private business, motions for unopposed returns and questions; |
|
(2) proceedings on business on Thursdays shall be interrupted at seven o'clock; and |
|
(3) in their application to Thursday sittings of the House, reference to a specified time in the Standing Orders shall be interpreted as reference to a time three hours before the time so specified, save that reference to half-past ten o'clock shall be substituted for reference to twelve o'clock in Standing Order No. 24 (Adjournment on a specific and important matter that should have urgent consideration).
V
NOTE on the Sessional Order relating to Thursday Sittings.
A Sessional Order for Session 1999-2000 was made on 25th October 1999 in the same terms as that relating to Thursday Sittings contained on pp. 127-8 of the Standing Orders.
|
|
Meetings of standing committees |
|
Ordered, That, in the next Session of Parliament, the Standing Orders and practice of
the House shall have effect subject to the modifications set out below:
Standing Committees shall have leave to sit at any hour and notwithstanding any
adjournment of the House, subject to the following provisions:
(a) on Mondays, Tuesdays and Wednesdays when the House is sitting, no standing
committee sitting at Westminster shall sit between the hours of one o’clock and half-past
three o’clock, except as provided in paragraph (2) of Standing Order No. 88 (Meetings of
standing committees); and
(b) on Thursdays when the House is sitting, no standing committee sitting at Westminster
shall sit between the hours of twenty-five minutes past eleven o’clock and half-past twelve
o’clock, except as provided in paragraph (2) of Standing Order No. 88 (Meetings of standing
committees), with the substitution in that paragraph of ‘twenty-five minutes past eleven
o’clock for ‘one o’clock and ‘twenty minutes to twelve o’clock for ‘a quarter past one o’clock.
|
|
Sittings in Westminster Hall |
|
Ordered, That in the next Session of Parliament the Standing Orders and practice
of the House shall have effect subject to the modifications set out below:
(1) On days on which the House shall sit there shall be a sitting in Westminster Hall-
(a) on Tuesdays between Ten o'clock and One o'clock;
(b) on Wednesdays between half-past Nine o'clock and Two o'clock; and
(c) on Thursdays beginning at half-past Two o'clock and continuing for up to three hours (and
in calculating that period no account shall be taken of any period during which the sitting may
be suspended owing to a division being called in the House of a committee of the whole
House).
(2) Any member of the House may take part in a sitting in Westminster Hall.
(3) Subject to paragraph (12) below, the business taken at any sitting in Westminster Hall
shall be such as the Chairman of Ways and Means shall appoint.
(4) The Chairman of Ways and Means or a Deputy Chairman shall take the chair in
Westminster Hall as Deputy Speaker; and the House may appoint not more than four other
members of the Chairmen's Panel to sit in Westminster Hall as a Deputy Speaker.
(5) Any order made or resolution come to at a sitting in Westminstr Hall (other than a
resolution to adjourn) shall be reported to the House by the Deputy Speaker and shall be
deemed to be an order or resolution of the House.
(6) If a motion be made by a Minister of the Crown that an order of the day be proceeded
with at a sitting in Westminster Hall, the question thereon shall be put forthwith, but such
motion may be made only with the leave of the House and may not be made on a Friday.
(7) The quorum at a sitting in Westminster Hall shall be three.
(8) If at a sitting in Westminster Hall the opinion of the Deputy Speaker as to the decision of
a question (other than a question for adjournment) is challenged, that question shall not be
decided, and the Deputy Speaker shall report to the House accordingly; and any such
question shall be put forthwith upon a motion being made in the House.
(9) If any business other than a motion for adjournement is under consideration at a sitting in
Westminster Hall, and not fewer than six Members rise in their places and signify their
objection to further proceeding, that business shall not be further proceeded with in
Westminster Hall, and the Deputy Speaker shall report to the House accordingly, and any order under paragraph (6) above relating thereto shall be discharged.
(10) At the end of each sitting in Westminster Hall, unless a question for adjournment has
previously been agreed to, the Deputy Speaker shall adjourn the sitting without putting any
question; and proceedings on any business which has been entered upon but no disposed of
shall lapse.
(11) The provisions of Standing Orders No. 29 (Powers of chair to propose question), No.
36 (Closure of debate), No.37 (Majority for closure or proposal of question), No. 38
(Procedure on divisions), No. 39 (Voting), No. 40 Division unnecessarily claimed), No. 41
(Quorum), No. 43 (Disorderly conduct), No. 44 (Order in debate), No. 45 (Members
suspended, &c. to withdraw from precincts), No. 45A (Suspension of salary of Members
suspended) and No. 163 (Motions to sit in private) shall not apply to sittings in Westminster
Hall.
(12) The House shall meet on Wednesdays at half-past Two o’clock, and paragraphs (1)
and (2) of Standing Order No. 9 (Sittings of the House) shall have effect on Wednesdays;
and Standing Order No. 10 (Wednesday sittings), so far as it relates to business taken before
Two o’clock, shall apply only to sittings in Westminster Hall, and shall have effect as if
paragraph (3) were omitted.
|