Part 4: Other changes relating
to supply procedure
Complementary changes to Supply procedure
49. In the light of the fact that the Committees
are being asked to consider changes relating to Supply procedure
proposed by the Treasury, the Committees may also wish to consider
some separate proposals which are designed to complement the Treasury's
proposals and which, like the Treasury's proposed changes, reflect
the initial experience of Resource-based Supply.
Authorisation of limits on appropriations in aid
50. The first additional proposal relates to the
form of authorisation of limits on "appropriations in aid"the
income received by Departments that is to be retained by them
to offset gross expenditure rather than being paid into the Consolidated
Fund.
51. Prior to 1891, almost all Government receipts
were paid into the Consolidated Fund, even when they were not
in the form of taxes and duties. This was seen as the most effective
way to retain Parliamentary control over expenditure.[39]
Under legislation passed in 1891, the Treasury was empowered to
direct that receipts could be appropriated in aid of money provided
by Parliament, with the amounts appropriated in aid then being
subject to audit as if they had been voted by Parliament, thus
ensuring the same measure of control over all sums expended.[40]
Following the coming into force of that Act, the annual Appropriation
Act included the limits set on appropriations in aid, although
there was no statutory requirement for those limits to be set
out in an Appropriation Act.
52. The Government Resources and Accounts Act 2000
replaced the 1891 provision with an updated version for Resource-based
Supply, but with an additional explicit requirement that any authorisation
of appropriations in aid by Treasury direction must be "subject
to any limit set by an Appropriation Act".[41]
By making such a reference to these limits a necessary component
of Appropriation Bills, this could be argued to have the effect
of making the information relating to limits on appropriations
in aid more substantive content of Appropriation Bills than had
previously been the case.
53. It is a general rule of the House that Bills
brought in upon resolutions (such as Finance Bills and Appropriation
Bills) cannot contain substantive content which is not authorised
by those resolutions. Therefore, there is a case for updating
the motions for Supply resolutions to place it beyond doubt that
the resolutions provide authority for the inclusion of provision
about limits on appropriations in aid, and that the House is authorising
the maximum levels of gross as well as net expenditure. This could
be achieved by adding the words highlighted below at the end of
Supply motions authorising Estimates which propose new limits
on appropriations in aid or modifications of previously set limits:
"That further resources, not exceeding £194,587,132,000,
be authorised for use for defence and civil services for the year
ending with 31st March 2005, and that a further sum, not exceeding
£126,882,161,000, be granted to Her Majesty out of the Consolidated
Fund to meet the costs of defence and civil services for the year
ending with 31st March 2005, as set out in HC 648, 655, 656 and
657, and that the limits on appropriations in aid to be
set for the purposes of section 2 of the Government Resources
and Accounts Act 2000 for the year ending with 31st March 2005
be authorised, as set out in HC 648, 655, 656 and 657."
54. The phrase "to be set for the purposes of
section 2 of the Government Resources and Accounts Act 2000"
indicates the purpose of the limits without pre-empting the setting
and modification of limits, which can only be done in an Appropriation
Act. The relevant Estimates documents are referred to as the source
for the limits and modifications being authorised, a practice
already established for other elements of Supply motions. The
opportunity provided by implementation of this substantive change
would also be taken to make one drafting change to such motions,
changing the word "on" to "with" before 31st
March. "With" is used in the Appropriation Act 2003
and has the merit of avoiding any ambiguity as to whether or not
31st March itself is included within the financial year that ends
on that day.
Changes to Standing Order No. 55
55. Standing Order No. 55 governs the putting of
questions on all Supply motions which are not debated, which is
almost all Supply motions other than those serving as the basis
for Estimates Day debates. The Chief Secretary to the Treasury
has indicated his support for the proposal made by the Liaison
Committee to increase the minimum period of time between the laying
of Winter and Spring Supplementary Estimates and the subsequent
votes in the House from "seven clear days" (effectively
eight days) to fourteen days.
56. If this substantive change were to be made, the
opportunity could also be taken to revise the text of this Standing
Order to reflect the requirements of Resource Accounting and also
to amend the text in consequence of the proposal just made relating
to the formal authorisation of limits on appropriations in aid,
if it were to be endorsed. The following proposed new text of
Standing Order No. 55 (with additions and deletions highlighted)
gives effect to all of these changes: