Select Committee on Procedure Fifth Report


1  INTRODUCTION

1. In its Report Connecting Parliament with the Public,[2] the Select Committee on Modernisation of the House of Commons examined the current procedures for public petitions[3] and made two recommendations:

    … we believe that there is a case for the House to do more with public petitions which, if handled correctly, represent a potentially significant avenue for communication between the public and Parliament. We recommend that the Liaison Committee and Procedure Committee consider a process whereby public petitions should automatically stand referred to the relevant select committee. It would then be for the committee to decide whether or not to conduct an inquiry into the issues raised, or to take them into account in the context of a current or forthcoming inquiry.

    We recommend that the House accept petitions in both typescript and manuscript, although the present restriction against interlineations, deletions and insertions should be retained so that it is clear that the wording of the petition has not been changed without the petitioner's knowledge. The top sheet—the authoritative copy of the petition—should continue to be distinguished from sheets of additional signatures by the Member presenting it signing in the top right-hand corner, as is the current practice.

2. Our predecessor Committee last examined Public Petitions in 1992. In the Report,[4] it recommended some relaxation in the requirements for wording of petitions, as long as some basic requirements were fulfilled; but in other respects it confirmed the existing practice. The House agreed to the relaxations about wording on 31 March 1993.

2  PUBLIC PETITIONS AND SELECT COMMITTEES

3. The Modernisation Committee recommended that petitions should "stand referred" to the relevant departmental select committees. It envisaged that the Committee might take evidence about a petition, include it in a current or forthcoming inquiry, ask the Government for a response or reject it on the basis that it was "more properly the responsibility of some … body" other than the House. It also recommended, however, the retention of the existing procedure whereby all petitions are printed and sent to the relevant Government department, so that Ministers may make observations.

4. We consulted the Liaison Committee about this recommendation: the exchange of correspondence is set out in Appendix 2. We thought that the use of the word "referred" might imply that committees would be expected (at least by the petitioners) to take some action. Some petitions are about individual cases: committees usually resist taking up such cases. Committees might also, of course, not wish to ascribe more priority to issues raised in petitions than to those coming before them in less formal ways, including letters from the public and suggestions by Members. We therefore suggested, as an alternative, sending a copy of each presented petition to the relevant select committee, without any formal "referral" and with, perhaps, therefore, less expectation that committees would feel obliged to say something about each petition.

5. The Liaison Committee considered the subject on 19 October and agreed with this suggestion. We therefore recommend to the House that a copy of each petition, once printed, should be sent to the relevant departmental select committee at the same time as it is sent to the relevant Government department. Government observations, or notifications received by the Journal Office that no observations are to be made, should also be passed on to the relevant committee. On occasions, committees may wish to press for observations to be made when then they have not been forthcoming.

3  THE NEED FOR A HANDWRITTEN TOP SHEET

6. The current rules require handwriting, rather than printing or typing, for the top sheet containing the petition itself, as distinct from further sheets for signatures, on which the petition (or just the "prayer" or request from it) does not need to be handwritten. This rule, which dates from 1656,[5] was endorsed by our predecessors in 1992, partly on the grounds that the use of handwriting serves to distinguish the top sheet from the others.

7. The Modernisation Committee recommended that the rule be discontinued, partly because of the "minor additional labour" involved. In practice, many petitions received by Members are disorderly (often because they are not addressed specifically to the House and do not ask the House to take any action) and have to be re-drafted by the Journal Office. Under the current rules, they then need to be written out by hand, often in Members' offices, before the signature of at least one petitioner is obtained. To avoid the need for re-drafting, we draw the attention of intending petitioners to the rules for petitions, which are sent by the Journal Office to anyone who applies for them, and are also available on the Parliamentary web site.[6] As to the requirement for handwriting, we understand that the staff of the Journal Office see no difficulty in distinguishing the top sheet from pages of added names by the presence of the presenting Member's signature at the top of the petition.

8. We agree with the Modernisation Committee that the existing rule requiring the top sheet to be handwritten should be dispensed with, and that the existing rule against alterations ("interlineations, deletions and insertions") should be retained.


2   Select Committee on Modernisation of the House of Commons, First Report, Session 2003-04, HC 368, paras 96-104. These paragraphs are set out in Appendix 1. Back

3   The term "public petitions" excludes petitions for, or relating to, Private Bills, which are subject to separate procedures. Back

4   Select Committee on Procedure, Fourth Report, Session 1991-92, HC 286 Back

5   Modernisation Committee Report, para 102 (set out in Appendix 1) Back

6   www.parliament.uk, under "Petitions" in the index Back


 
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