House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
House of Commons Standing Orders - Public Business

161

APPENDIX

RESOLUTIONS AND

TEMPORARY STANDING ORDERS

RESOLUTIONS

Matters sub judice

Resolution of 15th November 2001

Resolved, That, subject to the discretion of the Chair, and to

the right of the House to legislate on any matter or to discuss

any delegated legislation, the House in all its proceedings

(including proceedings of committees of the House) shall

apply the following rules on matters sub judice:

(1) Cases in which proceedings are active in United Kingdom

courts shall not be referred to in any motion, debate or

question.

(a)

(i) Criminal proceedings are active when a charge has

been made or a summons to appear has been issued,

or, in Scotland, a warrant to cite has been granted.

(ii) Criminal proceedings cease to be active when

they are concluded by verdict and sentence or

discontinuance, or, in cases dealt with by courts

martial, after the conclusion of the mandatory post-

trial review.

(b)

(i) Civil proceedings are active when arrangements

for the hearing, such as setting down a case for trial,

have been made, until the proceedings are ended by

judgment or discontinuance.

(ii) Any application made in or for the purposes of

any civil proceedings shall be treated as a distinct

proceeding.

(c) Appellate proceedings, whether criminal or civil, are

active from the time when they are commenced by

application for leave to appeal or by notice of appeal

until ended by judgment or discontinuance.

But where a ministerial decision is in question, or in the

opinion of the Chair a case concerns issues of national

importance such as the economy, public order or the essential

services, reference to the issues or the case may be made in

motions, debates or questions.

(2) Specific matters which the House has expressly referred

to any judicial body for decision and report shall not be referred

to in any motion, debate or question, from the time when the

Resolution of the House is passed until the report is laid before

the House.

(3) For the purposes of this Resolution—

(a) matters before coroner’s courts or fatal accident

inquiries shall be treated as matters within paragraph

(1)(a);

(b) ‘Motion’ includes a motion for leave to bring in a bill;

and

(c) ‘Question’ includes a supplementary question.

Scrutiny of European Business

Resolution of 17th November 1998, as in effect following

the entry into force of the Treaty of Amsterdam.

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 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—

(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;

(b) political agreement;

(c) in the case of a proposal on which the Council acts in

accordance with the procedure referred to in Article

251 of the Treaty of Rome (co-decision), agreement to

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; and

(d) in the case of a proposal on which the Council acts in

accordance with the procedure referred to in Article

252 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 he 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, abstention shall, for the purposes of paragraph (1),

be treated as giving agreement.

Questions to Ministers

Resolution of 25th October 1999

Resolved, That, subject always to the discretion of the Chair

and in addition to the established rules of order on the form and

content of questions, questions may not be tabled on matters

for which responsibility has been devolved by legislation to the

Scottish Parliament or the National Assembly for Wales unless

the question—

(a) seeks information which the United Kingdom

Government is empowered to require of the devolved

executive, or

(b) relates to matters which—

(i) are included in legislative proposals introduced

or to be introduced in the United Kingdom

Parliament,

(ii) are concerned with the operation of a concordat

or other instrument of liaison between the United

Kingdom Government and the devolved executive, or

(iii) United Kingdom Government ministers have

taken an official interest in, or

(c) presses for action by United Kingdom ministers in

areas in which they retain administrative powers.

Notice of amendments in public bill committees

Resolution of 1st November 2006

Resolved, That, subject to the discretion of the Chair, notices

of amendments to bills committed to a public bill committee

should be tabled not later than three sitting days, calculated in

accordance with Standing Order No. 12(3) (House not to sit on

certain Fridays), before the sitting at which they are to be

considered.

TEMPORARY STANDING ORDERS

Modernisation of the House of Commons

13th July 2005

Ordered, That a Select Committee of fifteen Members be

appointed to consider how the House operates and to make

recommendations for modernisation;

That the Committee have power to send for persons, papers

and records, to sit notwithstanding any adjournment of the

House, to adjourn from place to place, to report from time to

time and to appoint specialist advisers;

[The next paragraph contains the names of the Members]

That this Order be a Standing Order of the House until the

end of the present Parliament.

Liaison Committee (Membership)

13th July 2005

Ordered, That—

(1) With effect for the current Parliament, notwithstanding

Standing Order No. 121 (Nomination of select committees),

the Chairman for the time being of each of the Select

Committees listed in paragraph (2) below shall be a member of

the Liaison Committee;

(2) The Committees to which paragraph (1) above applies

are:

Administration

International Development

Communities and Local

Northern Ireland Affairs

Government

Procedure

Constitutional Affairs

Public Accounts

Culture, Media and Sport

Public Administration

Defence

Regulatory Reform

Education and Skills

Science and Technology

Environmental Audit

Scottish Affairs

Environment, Food and

Selection

Rural Affairs

Standards and Privileges

European Scrutiny

Statutory Instruments

Finance and Services

Trade and Industry

Foreign Affairs

Transport

Health

Treasury

Home Affairs

Welsh Affairs

Joint Committee on Human

Work and Pensions;

Rights (the Chairman

being a Member of this

House)

and

(3) Mr Alan Williams shall also be a member of the Liaison

Committee.