Select Committee on Procedure Fifth Report


APPENDIX 1: EXTRACT FROM MODERNISATION COMMITTEE REPORT

Public Petitions

96. Petitions provide a means for members of the public to have their voice heard in Parliament. During the 1997 Parliament, the House received a total of 321 petitions (an average of about 80 per year), although the number of petitions presented in a Session has varied significantly over the past ten years or so, from 2,651 in 1992-93 to just 36 in the 2000-01 Session.

97. The text of each petition is printed as a supplement to the Votes and Proceedings, and a copy is sent to the relevant Government department. If the Minister chooses to reply to the petition, the reply (known as 'observations') is also printed in the Vote. There is no requirement for the Government to reply to a petition; of the 602 petitions presented between 1994-95 and 2001-02, 65% (394) received a reply.

98. In Scotland, petitions are submitted directly to the Public Petitions Committee. The Committee may then forward the petition to another body for further consideration—usually another committee of the Parliament but sometimes the Scottish Executive—consider the petition itself, or recommend a debate on it in the plenary session. Of the 137 petitions considered in the 2001-02 Parliamentary Year, at 17 meetings of the Committee, 45 were referred to subject committees.

99. Very little is currently done with petitions to the House of Commons. Most are read on the Floor of the House, but at a time of day when they are likely to receive little public attention, even under the new sitting hours. All are printed, but the supplements to the Votes and Proceedings are not widely read, even by the standards of Parliamentary publications. Many or most receive a response from the Government, but for a sizeable minority of petitions nothing at all happens. Many relate to issues which are already clearly under discussion in Parliament in some way. Nevertheless, 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.

100. 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. In many cases, the committee may wish simply to ask the Government for a response to the petition, which could then be sent to the petitioners and subsequently published, perhaps in an annual or biennial report on petitions, or perhaps in its annual report to the Liaison Committee. In other cases, a petition might be taken into account as part of an inquiry which the committee is already undertaking or plans to undertake in the near future. In some cases, the committee might decide to reject a petition. The most common example of this, we believe, would be petitions which ask the House to address matters which are properly the responsibility of some other body. Petitions relating to court judgements, for example, or to local authority planning decisions, are not uncommon,[7] and the continued presentation of such petitions might serve to raise unrealistic expectations about what can be achieved by petitioning the House. We do not envisage that any new proposals for referring petitions to a select committee should replace the current arrangements whereby petitions are printed with the Vote and may receive observations from the Government.

RULES GOVERNING THE SUBMISSION OF PETITIONS

101. Petitions must be specifically and respectfully addressed to the House of Commons and end with a suitable closing phrase.[8] Each signatory must include his or her address and the wording must be 'respectful, decorous and temperate'. Each Petition must contain a request to the House of Commons which is within its competence to grant. A further requirement is that the petition should be hand-written, with no interlineations, deletions or insertions. This rule applies only to the main page of the petition; on subsequent sheets for signatures it may be typed or printed, and need only contain the part of the petition containing the request to the House.

102. The requirement that petitions be in manuscript derives from a Resolution of 1656, which required 'no private Petition, to be directed to the Parliament, to be printed before the same read in the House'.[9] This was against the background of the abundance of political pamphlets against the Commonwealth, when the common hangman's major duty was to burn those pamphlets condemned by Parliament. It was also, of course, long before the days when printing and typescript ceased to be reserved for published documents and became a normal mode of private written communication.

103. In 1992, the Procedure Committee considered this requirement as part of a wider review of public petitions and recommended that it should be retained.[10] Since that Report was produced, more than a decade ago, the use of word processors has risen tremendously; the proportion of households with a computer has more than doubled.[11] Many, if not most people now use the keyboard in preference to the pen as the usual instrument of written communication. It is therefore increasingly difficult to justify the continuing requirement that petitions be in manuscript, which appears archaic and imposes a minor additional labour on petitioners.[12]

104. 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.


7   Of 53 Petitions presented in first 86 sitting days of the current Session, 12 related to local authority matters. Back

8   Petitions usually begin 'To the House of Commons' and end 'And the Petitioners remain, etc.'. The more traditional form, which was compulsory until 1993 and is still sometimes used, begins 'To the Honourable the Commons of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled' and ends 'And your Petitioners, as in duty bound, will ever pray, &c.'. Back

9   CJ (1651-59) 427. Back

10   Fourth Report from the Procedure Committee, Session 1991-92, Public Petitions, HC 286, paragraphs 17-19. Back

11   Between 1991-92 and 2001-02, the proportion of households with a home computer rose from 21% to 49%: Social Trends No. 30, Office for National Statistics, 2000, Figure 13.2, p. 210 and Social Trends No. 33, Office for National Statistics, 2003, Figure 13.13, p. 230. Back

12   Or in some cases on Members and their staff who must transcribe typewritten petitions before presentation. Back


 
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