Standing Orders of the House of Commons - Public Business 2016   Contents

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APPENDIX I
RESOLUTIONS
Matters sub judice
Resolution of 15 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 17 November 1998, as in effect following the entry into force of the Treaty of Amsterdam.
Resolved, That the Resolution of the House of 24 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 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.
Notice of amendments in public bill committees
Resolution of 1 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.
Deadline for the tabling of amendments and new clauses/schedules
Resolution of the House of 26 March 2015
Resolved, That this House takes note of paragraphs 21 to 28 of the Seventh Report of the Procedure Committee, Matters for the Procedure Committee in the 2015 Parliament, HC 1121, concerning the trial of a three day deadline for the tabling of amendments and new clauses/schedules at report stage of all programmed bills; and approves the Committee’s recommendation in paragraph 28 that the trial should be extended for the duration of the first session of the 2015 Parliament, and extended to amendments and new clauses/schedules in Committee of the whole House of all bills and at report stage of un-programmed bills.

Prepared 18 February 2016