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Programming of Bills
Mr. Deputy Speaker (Sir Alan Haselhurst): We now come to the main motions. It may be for the convenience of the House if I say that the motion on deferred Divisions may be debated together with the motion on programming of Bills although, of course, there will be scope for separate Divisions. I must also announce to the House that the Speaker has been unable to accept the amendment tabled to the motion on programming.
2.26 pm
The President of the Council and Leader of the House of Commons (Mr. Robin Cook): I beg to move,
- That in the current Session of Parliament Orders A to I below shall have effect:
A. Programme Motions
(1) If, before second reading of a bill, notice of a motion providing--
(a) for committal of the bill, and
(b) for any proceedings on the bill to be programmed,
is given by a Minister of the Crown, the motion may be made immediately after second reading, and Standing Order No. 63 shall not apply to the Bill.
(2) Such a motion is to be called a programme motion.
(3) An order made by the House as a result of a programme motion is to be called a programme order.
(4) A motion to vary or supplement a programme order is also to be called a programme motion.
(5) A programme motion may provide for the allocation of time for any proceedings on a bill.
(6) Except in the following three cases, or where paragraph (8) of Programme Order B (Programming Committees) applies, the question on a programme motion is to be put forthwith.
(7) The first exception is where--
(a) a Standing Committee has reported a resolution under paragraph (11) of Sessional Order C (Programming Sub-Committees) proposing an alteration of the date by which the bill is to be reported to the House, and
(b) the motion made under paragraph (12) of Sessional Order C (Programming Sub-Committees) does not give effect to the Standing Committee's proposal.
(8) The second exception is where the motion makes further provision for proceedings on consideration and third reading of the bill otherwise than in accordance with a resolution of a Programming Committee under paragraph (5) of Sessional Order B (Programming Committees) or a resolution of a Standing Committee under paragraph (13) of Sessional Order C (Programming Sub-Committees).
(9) The third exception is where the motion reduces the amount of time allocated under a programme order for any proceedings on the bill (whether or not it also increases the amount of time allocated for other proceedings on the bill).
(10) In an excepted case, any question necessary to dispose of proceedings on a programme motion is to be put not later than three-quarters of an hour after the commencement of proceedings on the motion.
(11) Standing Order No. 15(1) (Exempted Business) applies to proceedings on a programme motion.
(12) Standing Order No. 83 (Allocation of Time) does not apply to a programme motion.
(13) If a programme order applies to a bill, neither Standing Order No. 82 (Business Committee) nor Standing Order No. 120 (Business Sub-Committee) applies to the bill.
B. Programming Committees
(1) This order applies if proceedings in committee of the whole House or on consideration and third reading are subject to a programme order.
(2) There is to be a committee for the bill consisting of--
(a) the Chairman of Ways and Means (who is to be chairman of the committee); and
(b) not more than eight other Members, nominated by the Speaker.
(3) The committee is to be called the Programming Committee.
(4) The quorum of the Programming Committee is four.
(5) The Programming Committee shall consider the allocation of time to proceedings in committee of the whole House or on consideration and third reading and report any resolution which it makes to the House.
(6) Proceedings in the Programming Committee shall be brought to a conclusion not later than two hours after their commencement.
(7) For the purposes of bringing any proceedings to a conclusion in accordance with paragraph (6), the chairman shall--
(a) first put forthwith any question which has been proposed from the chair and not yet decided; and
(b) then put successively questions on any motions made by a Minister of the Crown.
(8) On a motion being made in the House relating to a resolution of the Programming Committee, any question necessary to dispose of proceedings on the motion shall be put not later than three-quarters of an hour after the commencement of those proceedings.
(9) If such a motion is agreed to, its provisions shall have effect as if they were included in the programme order for the bill.
(10) Proceedings on a motion made under paragraph (8) may be entered upon and decided, though opposed, at any hour.
(11) Resolutions of the Programming Committee--
(a) may be reported from time to time; and
(b) subject to the powers of the Speaker or Chairman to select the amendments, new clauses and new schedules to be proposed, may include alterations in the order in which specified proceedings on the bill are to be taken.
C. Programming Sub-Committees(1) If a bill is subject to a programme order which commits it to a standing committee, the order stands referred to the committee and shall be considered by a sub-committee of the committee.
(2) The sub-committee is to be called the Programming Sub-Committee.
(3) The Programming Sub-Committee shall consist of--
(a) the chairman or one of the chairmen of the committee (who is to be chairman of the sub-committee); and
(b) seven members of the committee, nominated by the Speaker.
(4) The quorum of the Programming Sub-Committee is four.
(5) The Programming Sub-Committee shall report to the committee any resolution which it makes about--
(a) the number of sittings to be allotted to the consideration of the bill in the committee;
(b) the allocation of the proceedings to each sitting;
(c) the time at which any proceedings, if not previously concluded, are to be brought to a conclusion;
(d) the date by which the bill is to be reported to the House;
(e) the programming of consideration and third reading.
(6) Proceedings in the Programming Sub-Committee shall be brought to a conclusion not later than two hours after their commencement.
(7) For the purposes of bringing any proceedings to a conclusion in accordance with paragraph (6), the chairman shall--
(a) first put forthwith any question which has been proposed from the chair and not yet been decided; and
(b) then put forthwith successively questions on any motions made by a Minister of the Crown.
(8) Resolutions of the Programming Sub-Committee--
(a) may be reported from time to time; and
(b) subject to the powers of the chairman to select the amendments, new Clauses and new Schedules to be proposed, may include alterations in the order in which specified proceedings are to be taken.
(9) On a motion in the terms of a resolution of the Programming Sub-Committee being made in the committee, any question necessary to dispose of proceedings on the motion is to be put not later than half an hour after the commencement of those proceedings.
(10) If the provisions of a resolution of the Programming Sub-Committee under sub-paragraphs (a), (b) or (c) of paragraph (5) are agreed to (with or without modification) by the committee, the provisions (or the provisions as modified) are to have effect as if they were included in the programme order for the bill.
(11) Any resolution of the committee--
(a) proposing an alteration to the date by which the Bill is to be reported to the House; or
(b) making a recommendation about the programming of the Bill on consideration and third reading;
shall be reported to the House.
(12) If a resolution is reported proposing an alteration to the date by which the Bill is to be reported to the House, a supplemental programme motion shall be set down for a day not later than the fifth sitting day after the day when the report was made which may--
(a) give effect to the Committee's proposal;
(b) otherwise alter or supplement the provisions of the original programme of the bill; or
(c) confirm the date set in the original programme order for the bill.
(13) If a resolution is reported making a recommendation about the programming of the Bill on consideration and third reading, a supplemental programme motion shall be set down before the consideration of the bill on report which may--
(a) give effect to the Committee's recommendations;
(b) otherwise alter or supplement the provisions of the original programme of the bill; or
(c) confirm the original programme order for the bill.
D. Programme orders: conclusion of proceedings in Standing Committee or in Committee of the whole House
(1) This order applies for the purpose of bringing proceedings in standing committee or in committee of the whole House to a conclusion in accordance with a programme order.
(2) The chairman shall put forthwith the following questions (but no others)--
(a) any question already proposed from the chair;
(b) any question necessary to bring to a decision a question so proposed;
(c) the question on any amendment, new clause or new schedule selected by the chairman for separate division;
(d) the question on any amendment moved or motion made by a Minister of the Crown;
(e) any other question necessary for the disposal of the business to be concluded.
(3) On a motion made for a new clause or a new schedule, the chairman shall put only the question that the clause or schedule be added to the bill.
(4) If two or more questions would fall to be put under paragraph (2)(d) on successive amendments moved or motions made by a Minister of the Crown, the chairman shall instead put a single question in relation to those amendments or motions.
(5) If two or more questions would fall to be put under paragraph (2)(e) in relation to successive provisions of the bill, the chairman shall instead put a single question in relation to those provisions.
(6) On conclusion of the proceedings in a committee, the chairman shall report the bill (or such of the bill's provisions as were committed to it) to the House without putting any question.
E. Programme orders: conclusion of proceedings on consideration or third reading
(1) This order applies for the purpose of bringing proceedings on consideration and third reading to a conclusion in accordance with a programme order.
(2) The Speaker shall put forthwith the following questions (but no others)--
(a) any question already proposed from the chair;
(b) any question necessary to bring to a decision a question so proposed;
(c) the question on any amendment, new clause or new schedule selected by the Speaker for separate division;
(d) the question on any amendment moved or motion made by a Minister of the Crown;
(e) any other question necessary for the disposal of the business to be concluded.
(3) On a motion made for a new clause or a new schedule, the Speaker shall put only the question that the clause or schedule be added to the bill.
(4) If two or more questions would fall to be put under paragraph (2)(d) on successive amendments moved or motions made by a Minister of the Crown, the Speaker shall instead put a single question in relation to those amendments or motions.
F. Programme orders: conclusion of proceedings on consideration of Lords Amendments
(1) This order applies for the purpose of bringing proceedings on consideration of Lords Amendments to a conclusion in accordance with a programme order.
(2) The Speaker shall first put forthwith any question which has been proposed from the chair and not yet decided.
(3) If that question is for the amendment of a Lords Amendment, the Speaker shall then put forthwith--
(a) a single question on any further amendments of the Lords Amendment moved by a Minister of the Crown; and
(b) the question on any motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.
(4) The Speaker shall then put forthwith--
(a) a single question on any amendments moved by a Minister of the Crown to a Lords Amendment; and
(b) the question on any motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.
(5) The Speaker shall then put forthwith the question on any motion made by a Minister of the Crown that this House disagrees with the Lords in a Lords Amendment.
(6) The Speaker shall then put forthwith the question that this House agrees with the Lords in all the remaining Lords Amendments.
(7) As soon as the House has--
(a) agreed or disagreed with the Lords in any of their Amendments; or
(b) disposed of an amendment relevant to a Lords Amendment which has been disagreed to,
the Speaker shall put forthwith a single question on any amendments moved by a Minister of the Crown relevant to the Lords Amendment.
G. Programme orders: conclusion of proceedings on further messages from the Lords
(1) This order applies for the purpose of bringing proceedings on any further message from the Lords to a conclusion in accordance with a programme order.
(2) The Speaker shall first put forthwith any question which has been proposed from the chair and not yet decided.
(3) The Speaker shall then put forthwith the question on any motion made by a Minister of the Crown which is related to the question already proposed from the chair.
(4) The Speaker shall then put forthwith the question on any motion made by a Minister on or relevant to any of the remaining items in the Lords message.
(5) The Speaker shall then put forthwith the question that this House agrees with the Lords in all of the remaining Lords proposals.
H. Programme orders: Reasons Committee
(1) This order applies in relation to any Committee to be appointed to draw up Reasons after proceedings have been brought to a conclusion in accordance with a programme order.
(2) The Speaker shall put forthwith the question on any motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its chairman.
(3) The Committee shall report before the conclusion of the sitting at which it is appointed.
(4) Proceedings in the Committee shall be brought to a conclusion not later than half an hour after their commencement.
(5) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (4), the chairman shall--
(a) first put forthwith any question which has been proposed from the chair and not yet decided; and
(b) then put forthwith successively questions on motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.
(6) The proceedings of the Committee shall be reported without any further question being put.
I. Programme orders: supplementary provisions
(1) The provisions of this order apply to proceedings in the House or in Committee of the whole House on a bill which is subject to a programme order.
(2) Standing Order No. 15(1) (Exempted business) applies to the proceedings for any period after ten o'clock (or on Thursday, seven o'clock) allocated to them in accordance with the programme order.
(3) The proceedings may not be interrupted under any Standing Order relating to the sittings of the House.
(4) If, on a day on which the bill has been set down to be taken as an order of the day, a motion for the adjournment of the House under Standing Order No.24 (Adjournment on specific and important matter that should have urgent consideration) would, apart from this order, stand over to Seven o'clock--
(a) that motion stands over until the conclusion of any proceedings on the bill which, in accordance with the programme order, are to be brought to conclusion at or before that time; and
(b) the bringing to a conclusion of any proceedings on the bill which, in accordance with the programme order, are to be brought to a conclusion after that time is postponed for a period of time equal to the duration of the proceedings on that motion.
(5) If a day on which the bill has been set down to be taken as an order of the day is one to which a motion for the adjournment of the House under Standing Order No.24 stands over from an earlier day, the bringing to a conclusion of any proceedings on the
- bill which, in accordance with the programme order, are to be brought to a conclusion on that day is postponed for a period equal to the duration of the proceedings on that motion.
(6) No dilatory motion may be made in relation to the proceedings except by a Minister of the Crown; and the question on any such motion is to be put forthwith.
(7) If at any sitting the House is adjourned, or the sitting is suspended, before the expiry of the period at the end of which proceedings are to be brought to a conclusion under a programme order, no notice is required of a motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of the programme order.
First, my hon. Friend the Member for Crewe and Nantwich (Mrs. Dunwoody) asked whether the motion had been before any Committee of the House. Motions that are before the House this afternoon flow from the recommendations of the Modernisation Committee in two successive reports, and fairly faithfully carry through the recommendations of both those reports.
Secondly, the terms of the motions before us are very close to those of the motions that the House has debated previously. The first, on programming, is similar to the one carried in the last Session; the second, on deferred Divisions, is identical. The only difference between the debates on the motions that we have debated in the past and tonight's debate is that the time for tonight's debate is longer than the time for debate when the House last passed these motions. When it last debated them, it did so on a half day, starting at 7 pm. On this occasion, because of the importance of these issues and because hon. Members would wish to express themselves, we have allowed a full day for debate.
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