Companion to the Standing Orders and Guide to the Proceedings of the House of Lords

Contents




 

CHAPTER 8

PUBLIC BILLS


Stages of a public bill

8

8.01  Public bills in the House of Lords have five main stages:

·  introduction and first reading;

·  second reading;

·  committee;

·  report;

·  third reading and passing.

Further stages may also be necessary as a result of communications between the two Houses (see paragraphs 8.157-8.177).

Successive stages of a bill to be taken on different days

8.02  Under SO 46, no two stages of a bill may be taken on one day, except if a bill is not amended in Committee of the whole House, in which case the report stage may be taken immediately thereafter. So, if it is intended to take more than one stage of a bill on one day, other than the report stage of a bill which has not been amended in Committee of the whole House, SO 46 must be suspended or dispensed with; SO 84 requires that notice of this must be given.

8.03  SO 84 also provides that on occasions of grave national emergency a bill may be passed through all its stages on one day without notice. In such cases SOs 46 and 84 are read at the Table by the Clerk and a resolution is moved that it is essential for reasons of national security that a bill or bills should immediately be proceeded with and that the provisions of SO 46 should be dispensed with to enable the House to proceed that day with every stage of the bill or bills which it thinks necessary.[1]

Recommended minimum intervals between the stages of a bill

8.04  The following minimum intervals between stages of public bills should be observed:[2]

(a)  two weekends between the first reading (whether of a new bill or one brought from the Commons) and the debate on second reading;

(b)  fourteen days between second reading and the start of the committee stage;

(c)  on all bills of considerable length and complexity, fourteen days between the end of the committee stage and the start of the report stage;

(d)  three sitting days between the end of the report stage and third reading.[3]

8.05  When these minimum intervals are departed from, notice is given by means of a § against the bill in House of Lords Business. However, such notice is not required when SO 46 has been suspended or dispensed with.

8.06  For any legislation subject to expedited procedures ("fast-tracked") the explanatory notes accompanying the legislation will contain a full explanation of the reasons for using a fast-track procedure.[4]

8.07  Reasonable notice should whenever possible be given for consideration of Commons amendments, taking into account the number and scale of amendments and the availability of papers relating to them.[5]

Carry-over

8.08  Subject to the procedure described in the following paragraph, any public bill which does not receive Royal Assent in the session in which it is introduced falls at the end of that session.

8.09  The two Houses have agreed that government public bills can be "carried over" from one session to the next in the same way as private and hybrid bills, if they have not left the House in which they originated.[6] In the Lords:

·  eligibility of bills for carry-over is settled by informal discussion through the usual channels;

·  bills are carried over by ad hoc motions;

·  a Commons bill carried over in the Commons is treated in the same way as any other bill brought from the Commons;

·  a bill that has been carried over falls if it does not reach the statute book by the end of the session following that in which it was introduced.

8.10  The carry-over procedure does not apply over a dissolution.

Introduction and first reading

8.11  Any member may introduce a bill without notice and without leave.

8.12  A member wishing to introduce a bill should inform the Legislation Office not later than the working day before the day of introduction, and should discuss the bill with the Office in draft. The final text must be handed in to the Office before introduction.

8.13   On the second day of each session a ballot is conducted to determine the order in which private members' bills handed in on the day of State Opening receive their first readings on subsequent days. To enter the ballot a member must hand in the final text of the bill to the Legislation Office no later than the rising of the House on the day of State Opening. A member who wishes to enter the ballot should discuss the draft with the office well before the day of State Opening. A member may enter only one bill into the ballot, and a member may not submit for entry to the ballot a bill of identical or substantially similar effect to a bill already entered for the ballot. A member may use a first reading "slot" determined by the ballot to introduce only the bill entered into the ballot. The "slot" may not be handed to another member.[7]

Devolution

8.14  The powers of the House to legislate on devolved matters are unaffected by the devolution legislation.[8]

8.15  The government have stated that "there would be instances where it would be more convenient for legislation on devolved matters to be passed by the United Kingdom Parliament, [though] Westminster would not normally legislate with regard to matters within the competence of the [devolved] parliament without the consent of that parliament".[9] This convention about Parliament legislating on devolved matters has been put into statute in respect of Scotland in the Scotland Act 2016: "it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament".[10] Similar provision has also been made in respect of Wales.[11] When the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly has passed (or rejected) a Legislative Consent Motion on a bill before the House, this is indicated in the list of bills in progress in House of Lords Business.

Procedure on introduction: Lords bills

8.16  A member who wishes to present a bill rises at the beginning of public business after oral questions or (exceptionally) at the end of public business immediately before the adjournment of the House,[12] and introduces the bill by saying:

    "My Lords, I beg to introduce a bill to [long title of bill]. I beg to move that this bill be now read a first time."

8.17  The Question is put from the Woolsack. The first reading of a bill is agreed to without dissent or debate, both as a matter of courtesy and because the House usually has no knowledge of the bill until it is published.

8.18  A bill may be introduced by a member on behalf of another member.

Procedure on introduction: Commons bills

8.19  A bill which has been introduced in the Commons and which has passed through all its stages in that House is brought to the Lords by a Commons Clerk with a message stating that the Commons have passed the bill. The message is read by the Clerk at the Table as soon as the item of business in progress has ended, and the first reading of the bill (whether a government bill or a private member's bill) is moved immediately by a government Whip.

8.20  As with Lords bills, the first reading of a bill brought from the Commons is agreed to without discussion, both as a matter of courtesy to the Commons and because at this stage no member has formally taken charge of it.

8.21  The member taking charge of a Commons bill should inform the Legislation Office.

Bills brought up and published when Lords not sitting

8.22  A bill passed by the Commons may be carried up to the Lords when the Lords are not sitting. Under SO 50, if it is for the convenience of the House for copies of the bill and any explanatory notes to be circulated before the bill is read a first time, it is deemed to have been brought from the Commons on that day and the bill and any explanatory notes may be published before first reading.

Publishing of bills and explanatory notes

8.23  After the first reading of a bill an order is made for the bill and any explanatory notes to be published. By convention, Consolidated Fund Bills and Appropriation Bills are not printed for the Lords. On occasion other bills may not be republished, including bills which are to be taken through the House urgently.

8.24  A bill introduced in the Lords is endorsed with the name of the member of the House who has introduced it. It is not the practice to add other names. A bill brought from the Commons is not endorsed with the name of the member taking charge of the bill.

Explanatory notes

8.25  For most government bills explanatory notes are produced by the responsible department at the time the bill is introduced. Such notes include the legal and policy background, and the financial implications of the bill). Notes must be neutral in tone and must not seek to promote the bill or the policy underlying it.[13] Explanatory notes are also produced for Commons amendments to Lords bills. In some cases departments may prepare notes for private members' bills, with the consent of the member in charge of the bill, whose authority must be communicated to the Legislation Office before the notes can be published. Explanatory notes may also be produced by private members themselves: members should submit a draft to the Legislation Office before introduction in order to ensure that these are in proper form. For many bills, the government also produce separate impact assessments, outlining economic, social and environmental impacts of the policy.

European Convention on Human Rights

8.26  Under s. 19 of the Human Rights Act 1998 the minister in charge of a government bill must make a statement before second reading as to whether in their view the provisions of the bill are compatible with the European Convention on Human Rights, and publish the statement in such manner as they consider appropriate.[14]. The statement is usually set out on the cover page of a bill as first published for each House; where bills are not published for the Lords the statement is publicised by means of a written statement.

8.27  The minister who makes the statement should under normal circumstances move the second reading of the bill. If that minister is unable to do so, another minister should do so on the basis that he or she is acting on behalf of the minister who has made the statement.[15]

Notice of subsequent stages

8.28  The member who is in charge of a bill gives notice of a date for second reading, and for the stages thereafter, in House of Lords Business. Scheduling of business is co-ordinated by the office of the Government Chief Whip.

8.29  Any member may move any stage of a bill on behalf of the member in charge of the bill. Bills once introduced are in the possession of the House and not in the sole ownership of the member in charge.[16]

Government and private members' bills

8.30  There is no procedural distinction between bills sponsored by a minister and those introduced by other members of the House, save in respect of carry-over and human rights statements. In practice the House normally accords priority to proceedings on government bills except where private members' bills are not expected to give rise to debate. But there is no concept of government or private members' "time" in the Lords, nor any specific time when government or private members' bills are taken.

Commons bills not taken up within twelve sitting days

8.31  Under SO 49, if a bill brought up from the Commons remains for twelve sitting days without any member having given notice of a date for second reading, it cannot be proceeded with except after eight days' notice. Motions to dispense with SO 49 have been agreed to.[17]

Withdrawal of bills

8.32  A Commons bill may not be withdrawn at any stage in the House of Lords.

8.33  At any time after first reading, a bill originating in the House of Lords may, with the agreement of the House, be withdrawn by the Lord who presented it. This may be achieved by the member in charge of the bill, having moved the motion for a stage of the bill, begging leave to withdraw that motion. Unanimous leave of the House is required for any motion to be withdrawn, so that a single dissenting voice prevents leave being given and the Question must in that case be put and decided. The granting of leave to withdraw a stage of a bill is treated as withdrawal of the bill, unless the member in charge of the bill indicates that they intend to proceed with the bill on another day.

8.34  If a bill is between stages, a separate motion, of which notice is given, should be tabled, "That the bill be withdrawn". Such a motion does not require unanimous agreement.

Delegated Powers and Regulatory Reform Committee

8.35  All bills other than consolidation, money and supply bills are considered by the Delegated Powers and Regulatory Reform Committee, which reports to the House in relation to any delegated powers they contain. These reports are highlighted by means of an italic note against a bill in House of Lords Business. The Committee aims to report before the committee stage begins, though the House is under no obligation to delay proceedings if the Committee has not reported by that time. If time allows, the Committee may also report on government amendments, if these involve significant delegated powers.[18]

Constitution Committee

8.36  The Constitution Committee examines the constitutional implications of all public bills coming before the House. Constitution Committee reports on public bills may be highlighted by means of an italic note against a bill in House of Lords Business.

Pre-legislative scrutiny

8.37  Government bills which are published in draft may be considered and reported on, before they are introduced, by a select or joint committee appointed for that purpose. At least 3-4 months (excluding long recesses) is normally required to hear evidence and report. Such "pre-legislative scrutiny" does not have the effect of eliminating any stages when the bill itself is considered by the House.

SECOND READING

8.38  The second reading is the stage at which the general principles of the bill are considered. The member in charge of the bill says "My Lords, I beg to move that this bill be now read a second time" and makes the case for the bill. In debate, other members of the House may indicate, in general terms, how the bill might be amended, but discussion of points of detail should normally be left to the committee stage.

Opposition to second reading

8.39  A bill may be opposed on second reading by an amendment to the effect that "this House declines to give the bill a second reading". The amendment may add a reason (a "reasoned amendment"). The agreement of the House to such an amendment, with or without a reason, means automatic rejection of the bill. The question as amended is not put, and the bill is removed from the list of bills in progress in House of Lords Business.

8.40  It is possible to oppose the motion "That this bill be now read a second time", without tabling an amendment, but this is uncommon, because notice of such opposition, which is desirable in the interests of good order, cannot be given on the order paper.

Second reading agreed to with amendment

8.41  Amendments may be moved which do not seek to negative the second reading but invite the House to put on record a particular point of view in agreeing to the second reading.

8.42  Notice is required on the order paper of any amendment to the motion for second reading. If notice has been given of more than one amendment, they are dealt with in the order in which they relate to the motion, or, if they relate to the same place in the motion, in the order in which they were tabled. In such cases it is usual for the whole debate to take place on the first amendment, and for the members who tabled the other amendments to speak in this debate. When the debate is concluded, the Question is put on each amendment successively. The Question on the original motion or on the original motion as amended is then finally put and decided.

Motion for adjournment of second reading debate

8.43  A second reading debate may be adjourned, with or without notice or reasons. A motion to adjourn the debate, if agreed to, does not prevent the motion for the second reading being put down for a subsequent day.

Consideration in a Second Reading Committee

8.44  Second reading debates on certain Law Commission bills are held in a second reading committee.[19] Following first reading, a motion is tabled, with at least three sitting days' notice, to refer the bill to a "Second Reading Committee". The committee, which has unlimited membership, debates the bill, and reports to the House that it has considered the bill. The second reading motion is then normally taken without debate in the House, though it remains possible, in the event of opposition, for amendments to be tabled or a vote to take place on the motion. Law Commission bills are normally committed to a special public bill committee (see below).

COMMITMENT

8.45  After second reading, either immediately or at a later date, bills are committed to a committee on a motion in the name of the member in charge of the bill. Bills are usually committed to a Committee of the whole House or a Grand Committee.[20] The forms of words are "That this bill be committed to a Committee of the whole House" or "to a Grand Committee".

8.46  In certain cases bills may be committed to other types of committee. These include special public bill committees and select committees, which are described at paragraphs 8.106-8.122.

8.47  The House sometimes wishes, after committing a bill to one kind of committee, to commit it to another instead. The motion is "That the order of commitment of [date] committing the bill to an [original committee] be discharged and that the bill be committed to a [new committee]."

8.48  In order to save the time of the House, supply bills and money bills are not usually committed. This is the invariable practice in the case of supply bills and the normal practice for money bills.[21] Immediately after the second reading the member in charge of the bill moves "That this bill be not committed" and the Question is put. If it is agreed to, the next stage is third reading. A bill which has not been committed is described as having had its committee stage "negatived".

Instructions

8.49  Instructions to any committee on a bill may be moved after the second reading.

8.50  Instructions may be either mandatory or permissive. The most common mandatory instruction directs the committee to consider the clauses and Schedules in an order other than that of the bill. Permissive instructions enable a committee to do something that it could not otherwise do, such as divide a bill into two.

8.51  Instructions to extend the scope of a bill (that is, to make admissible amendments which would otherwise be excluded by the rules of relevance) are not in order.[22]

AMENDMENTS

Tabling of amendments

8.52  Amendments may be moved in committee, on report and on third reading. The following section describes the general procedure for dealing with amendments. Issues specific to particular stages are described in the sections relating to those stages.

8.53  Amendments may be tabled in the Legislation Office at any time after second reading. When the second reading and committee stages are expected to take place on the same day, amendments are accepted before second reading. The late tabling of amendments is strongly deprecated since members have only a limited time to consider them and, if necessary, move amendments to them.[23]

8.54  Amendments which are intended to be published the next working day should be tabled between 10 a.m. and 5 p.m. on Mondays to Thursdays, and 10 a.m. and 4 p.m. on Fridays. Amendments may be tabled with the duty Clerk during recesses, between 10 a.m. and 4 p.m.

Admissibility of amendments

8.55  The House observes the following general rules regarding the admissibility of amendments:

·  amendments must be relevant to the subject matter of the bill[24] and amendments to a clause or Schedule must be relevant to the clause or Schedule to which they are proposed;

·  amendments proposed at committee or any other stage must not be inconsistent with a previous decision taken at that stage,[25] except where alternative amendments are proposed to the same place in the bill;

·  amendments to a Schedule are not in order if they go beyond the scope of, or are contrary to, the relevant clause which has been agreed to;

·  amendments to the long title are not in order unless they are to rectify a mistake in the original title, to restate the title more clearly or to reflect amendments to the bill which are relevant to the bill but not covered by the former long title;

·  clause headings, and headings placed above parts of the bill or above groups of clauses, are technically not part of the bill and so are not open to amendment. Punctuation is also technically not part of the bill.

8.56  The Legislation Office advises on whether an amendment is admissible and it is expected that this advice will be taken. If a member insists on tabling an amendment which the Legislation Office has advised is inadmissible, that Office writes to the Leader of the House, copying the advice to the other Leaders, the Chief Whips and the Convenor. The Leader of the House draws the House's attention to the advice when the amendment is called, and asks the House to endorse the advice of the Legislation Office. The reason for this is that the admissibility of an amendment can ultimately be decided only by the House itself, there being no authority that can in advance rule an amendment out of order.

8.57  Tabling amendments to bills originating in the House of Commons is unprofitable if such amendments appear to be material and intolerable infringements of Commons financial privilege, in that they impose a charge not covered by the terms of the money or Ways and Means resolutions in the Commons, unless there is reason to believe that the Commons will pass a supplementary financial resolution (see paragraph 8.181). Advice may be obtained from the Legislation Office.

Publishing of amendments

8.58  All amendments to a particular bill tabled on the same day are published overnight and are not numbered at this stage. The names of members supporting an amendment appear above it, up to a maximum of four names, or five if the member in charge of the bill adds their name.[26]

Rules of marshalling

8.59  Subject to the rules listed below, amendments are published in the order of their page, line and word references in the bill, taking account of any instruction that has been tabled. The rules are as follows:

·  amendments to the preamble and the long title, in that order, are taken last;

·  amendments to leave out words take precedence over amendments to leave out the same words and insert others;

·  amendments to leave out a shorter block of text (e.g. lines 1-5) take precedence over amendments to leave out a longer block of text (e.g. lines 1-20);

·  amendments to leave out any block of text other than a complete clause or Schedule come before amendments to that text;

·  amendments to a clause or Schedule are considered before an amendment to leave out a clause or Schedule and substitute another;

·  because each clause and Schedule must be stood part of the bill in committee, an amendment to leave out a clause or Schedule in committee is not technically an amendment, but a statement of intention to oppose the Question that the clause or Schedule stand part of the bill. Notice is usually given of such intention in italics, without being numbered, on the marshalled list. On report and third reading an intention to leave out a clause or Schedule is indicated by tabling an amendment;[27]

·  the Question that the clause or Schedule stand part of the bill or (on report or third reading) an amendment to leave out the clause or Schedule is considered after all amendments to the clause or Schedule (including an amendment to leave out the clause or Schedule and substitute another);

·  at committee stage, amendments to divide a clause or Schedule are taken after the clause or Schedule has been stood part of the bill;[28]

·  at committee stage, amendments to transpose a clause or clauses, or part of a clause or Schedule, to another place in the bill are taken after the clause or Schedule (or the last of the affected clauses or Schedules) has been stood part of the bill;

·  amendments to insert a new clause are considered at the place in the bill where it is proposed that the new clause is to be inserted;

·  amendments to amendments are considered immediately after the Question on the original amendment has been put for the first time, in the order in which they relate to the text of the original amendment, and are disposed of before the Question on the original amendment, or the original amendment as amended, is finally put;

·  where alternative amendments are tabled to the same place in the bill, they are marshalled in the order in which they are tabled, except that priority is given to an amendment tabled by the member in charge of the bill. A decision may be taken on each in turn, even if the second amendment is in substitution for the first amendment to which the committee has already agreed.

8.60  Accordingly amendments are marshalled as follows:

Clause 1

  Amendment No.

  1.  Page 1, line 5, leave out subsection (1)

  2.  Page 1, line 5, leave out subsection (1) and insert— "(1) —"

  3.  Page 1, line 6, leave out "word"

  4.  Page 1, line 6, leave out "word" and insert "words"

  5.  Page 1, line 6, after "word" insert "usually"

  6.  Page 1, line 7, leave out "4" and insert "5"

  7.  Page 1, line 7, leave out "4" and insert "6"

  8.  Page 1, line 7, leave out "4" and insert "7"

  (If amendment 6 is agreed to, the Question is put on amendment 7 thus:

  "Page 1, line 7, leave out "5" and insert "6""

  and on amendment 8 thus:

  "Page 1, line 7, leave out "5" [or "6"] and insert "7"".)

  9.  Leave out Clause 1 and insert the following new Clause—"[text of new Clause]"

  10.  Lord A gives notice of his intention to oppose the Question that Clause 1 stand part of the bill
  [at committee] or

  Leave out Clause 1 [at report or third reading]

  11.  Transpose Clause 1 to after Clause 46

Marshalled lists

At committee and report stages

8.61  Two working days before consideration of a bill is due to take place, the various amendments are numbered and published as a "marshalled list", arranged in the order they will be considered, taking account of any instruction. If further amendments are tabled on the day before that appointed for consideration they are published on supplementary sheets or are incorporated in a revised marshalled list. Any amendments not previously published, and amendments which have been altered since they were last published, are marked with a ★ on the marshalled list, but are otherwise treated identically to other amendments.[29] When the stage is not completed in one day, further amendments may be tabled, which are published on sheets supplementary to the marshalled list and on further marshalled lists.

At third reading

8.62  Marshalled lists for third reading are produced in the same way as those for committee and report, except that amendments must be tabled by the working day before the stage. The list is usually published on the day of the stage.

Manuscript amendments

8.63  Whenever possible, amendments should be tabled in time for inclusion in the marshalled list. However, except on third reading, it is in order to move, as manuscript amendments, amendments of which notice has not been given on the marshalled list or on a supplementary sheet. Occasionally a manuscript amendment is justified, even in the course of debate, for instance to correct an amendment already tabled or when an amendment under consideration is objected to and it is clear that with slight alteration of language it would become acceptable. However, manuscript amendments should rarely be moved, since other members of the House will not have had an opportunity to consider them and may be deprived of the opportunity of moving amendments to them.

8.64  When a manuscript amendment is moved, the text of the amendment is read out both by the mover and by the Lord on the Woolsack or in the Chair when putting the Question. The Lord on the Woolsack may, with the leave of the House, dispense with this requirement if the amendment is very lengthy.

Procedure on amendments

8.65  There is no selection of amendments. The clauses in the bill are proceeded with in sequence, unless an instruction varying the sequence has been agreed to. Each amendment on the marshalled list and each manuscript amendment is called in turn by the Lord on the Woolsack or in the Chair, subject only to pre-emption (see paragraph 8.69). An amendment which has been tabled need not be moved, but if none of the members named as supporters of the amendment moves it any other member may do so.[30]

8.66  After the member moving the amendment has spoken the Lord on the Woolsack or in the Chair puts the text of the amendment to the House or the committee. The debate on the amendment follows, at the end of which the member who has moved the amendment either begs leave to withdraw it or invites the House or committee to agree to it. The Lord on the Woolsack or in the Chair must put the Question that the amendment be agreed to if the member who has moved the amendment does not beg leave to withdraw, or if leave to withdraw is not unanimous.

8.67  Amendments to amendments are taken after the original amendment has been moved and put for the first time. When any such amendments have been disposed of, the question on the original amendment, or the original amendment as amended, is decided.

8.68  If a member whose amendment is called wishes to speak, other than to say "Not moved", he or she must move the amendment, and the Lord on the Woolsack or in the Chair must put it to the House or committee. This allows others to speak too. It is not in order to make a detailed speech and then to say "Not moved".

Pre-emption

8.69  If an amendment has been pre-empted by one previously agreed to by the House, e.g. because the text proposed to be amended has been left out of the bill, the amendment will not be called. The Lord on the Woolsack or in the Chair alerts the House to this possibility, normally when putting the text of the pre-empting amendment after it has been moved, but sometimes (e.g. when the amendment is a key one which is expected to be divided on) when calling the pre-empting amendment.

Grouping of amendments

8.70  In order to avoid repetition, related amendments are often grouped and debated together. Lists of such groupings are prepared by agreement between the members tabling the amendments and the Government Whips' Office, and are made available to the House. Groupings are informal and not binding. A single debate is then usually conducted on the whole group of amendments (not necessarily consecutive or in their own name) when the first amendment in the group is called. But each amendment in the group must be called, moved (if desired) and disposed of separately at its place in the marshalled list. Proceedings on later amendments in a group are often formal but further debate may take place and an amendment previously debated with others in a group may be moved at its place in the bill.[31] When proceedings on later amendments in a group are formal, the amendments are moved as follows:

    "My Lords, I have already spoken to this amendment. I beg to move."

8.71  If the first amendment in a group is agreed to, it does not follow that the other amendments in the group will all be agreed to, unless they are directly consequential. It is a matter for the House or committee to judge in each case how the decision on the first amendment affects the others.

Effect of groupings on third reading amendments

8.72  A member who believes that an amendment at committee or report stage has been wrongly grouped should make this clear in debate. Otherwise, under the rule against reopening at third reading an issue which has previously been decided, members may be precluded from retabling the same or very similar amendments at third reading, if another amendment in the group was voted on or negatived at committee or report stage (see paragraph 8.146).[32]

Amendments moved en bloc

8.73  Amendments may be moved en bloc provided that:

·  they appear consecutively on the marshalled list;

·  at committee stage, they all relate to the same clause or Schedule;

·  they have already been spoken to; and

·  no member objects.

8.74  If any member objects to amendments being moved en bloc they must be moved separately to the extent desired. A vote cannot take place on amendments moved en bloc. Amendments may not be withdrawn en bloc.

PROCEEDINGS IN COMMITTEE OF THE WHOLE HOUSE

8.75  A Committee of the whole House consists, as its name implies, of all the members of the House. It is, in fact, the House itself in a less formal guise, presided over by a chairman,[33] and conducting its business according to more flexible rules of procedure.

8.76  The Lord in charge of the bill moves, and the Question is put:

    "That the House do now resolve itself into a committee upon the bill."

8.77  This motion is sometimes used as an opportunity for a general discussion on the amendments or on the procedure to be followed in committee or on whether to go into committee at that time. The motion may be opposed by reasoned amendment or by an amendment to postpone the committee stage or to discharge the order of commitment and to commit the bill instead to another committee, though opposition to the motion seldom occurs. When the committee stage lasts more than one day, the motion moved on a subsequent day "That the House do again resolve itself into a committee upon the bill" may provide an opportunity to raise matters relating to the progress of the bill. The rejection of a motion to go into committee does not represent the rejection of the bill, but merely the rejection of the proposition that the bill be considered that day.

8.78  When the motion that the House go into committee has been agreed to, the Lord on the Woolsack leaves the Woolsack and takes the Chair at the Table of the House.[34]

Powers and duties of chairman

8.79  The powers and duties of the Lord in the Chair are the same as those of the Lord Speaker or Deputy Speaker when the House is sitting (see paragraph 4.07). They are generally confined to the calling on of clauses, Schedules and amendments and putting the Question thereon. The Lord in the Chair also makes the formal report of the committee to the whole House. The Lord in the Chair (other than the Lord Speaker or Senior Deputy Speaker) may vote but does not (as in the Commons) have a casting vote.

Powers of Committee of the whole House

8.80  A Committee of the whole House can only consider those matters which have been referred to it, including any instruction to the committee given by the House. Where a bill has been committed to a committee, the whole bill is the committee's order of reference. A Committee of the whole House has no power to adjourn the sitting or to adjourn its consideration of a bill to a future sitting (though Committees of the whole House may interrupt their consideration of a bill without Question put either in an emergency (such as a member being taken ill) or for a lunch or dinner break). If consideration of the bill is not completed, the House is resumed on motion and can again go into committee on a future day.

Procedure in Committee of the whole House

8.81  SO 30, which forbids a member to speak more than once to any motion, does not apply when the House is in committee.[35] A Next Business motion (see paragraph 4.56) is not permitted.

Clause stand part

8.82  As soon as the amendments to each clause have been disposed of, the Lord in the Chair puts the Question that the clause (or the clause as amended) stand part of the bill. On this Question a general debate on the clause may take place. Any member who wishes to leave out the clause speaks to this Question. Warning of such opposition will normally have been given by means of an italic notice on the marshalled list, and if there is no italic notice any member who wishes to speak on "clause stand part" should inform the Lord in the Chair. Once a clause has been disposed of, the committee cannot return to it and consider it further.

8.83  Where there are several consecutive clauses to which no amendment has been set down, the Question is put on all of them en bloc. If members wish to speak to one of these clauses or move a manuscript amendment they may do so when the clauses are called; but in this case they should warn the Lord in the Chair of their intention, and that clause or those clauses will then be dealt with separately.

Postponement of clauses

8.84  Clauses or Parts may be postponed on a motion made to that effect of which notice has been given; they may also be postponed as the result of an instruction. A clause may be postponed without notice after consideration of it has begun but it may not be postponed if it has already been amended.

Schedules

8.85  The Schedules to the bill are considered in order after the clauses (unless there is an instruction to the committee to take them in a different order) and are dealt with in the same manner as clauses.

Preamble and long title

8.86  As soon as the clauses and Schedules have been disposed of, the Lord in the Chair puts without any motion being moved the Questions on the preamble to the bill (if there is one) and on the long title. Amendments to the preamble and long title may be moved before each of these Questions is put.

8.87  Consequential or drafting amendments to the long title are frequently agreed to. Preambles may be omitted in committee and also amended, and it is in order to insert a preamble in a bill where none exists.

House resumed during committee stage

8.88  If the committee stage is not completed at one sitting, it is necessary for a member (usually a government Whip) to move "That the House be resumed". When this motion has been agreed to, the Lord in the Chair leaves the Chair and goes to the Woolsack. The House goes into committee again either later on the same day (on occasions when the House has been resumed in order to take other business) or on a future day.

8.89  When it is agreed that there should be a break during a committee stage, and there is no other business to be taken, the House is not resumed and adjourned formally but the committee simply adjourns without question put until a time announced by a government Whip.

8.90  When the committee stage is resumed, the committee proceeds from the point in the bill where it left off.

Conclusion of proceedings in committee

8.91  When the committee stage is completed the Lord in the Chair states that the committee's proceedings have concluded and that the House will now resume.[36] The Lord in the Chair then goes to the Woolsack to report the bill to the House.[37] If the bill has been amended, an order is made for the bill to be republished as amended, and the report stage takes place ("the report is received") on a later date.

Report received immediately

8.92  If the bill is reported without amendment, the member in charge of the bill may immediately move "That this report be now received". If this is agreed to, the next stage is third reading. It is, however, common for a separate report stage to be taken on a later date even when the bill has not been amended in committee.[38] This ensures that there is an opportunity to amend the bill before third reading.

Committee negatived or discharged

Committee negatived

8.93  See paragraph 8.48.

Order of commitment discharged

8.94  If no amendments have been set down to a bill and it appears that no member wishes to move a manuscript amendment or to speak to any clause or Schedule, the member in charge of the bill may move that the order of commitment (or recommitment) be discharged.[39] This motion may be moved only on the day the committee stage is set down for and notice must be given on the order paper.

8.95  The member in charge of the bill says:

    "My Lords,

    I understand that no amendments have been set down to this bill, and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in committee.

    Unless, therefore, any noble Lord objects, I beg to move that the order of commitment [or recommitment] be discharged."

8.96  The Question is then put "That the order of commitment [or recommitment] be discharged." If this Question is agreed to, the next stage of the bill is third reading.

8.97  If any member objects, however, this Question cannot be completed and the member in charge of the bill must at once move"That the House do now resolve itself into a committee [or a committee on recommitment] upon the bill." If this is agreed to, the House goes into committee in the usual way.

8.98  For the purposes of SOs 40(5) and 46, the discharge of the order of commitment constitutes a stage of a bill. Unless SO 46 has been suspended or dispensed with, third reading may not be taken on the same day as that on which the order of commitment has been discharged.

Bill reported forthwith

8.99  Where no amendment has been set down to a bill and no member of the House has indicated a wish to speak, but the order of commitment has not been discharged, the House goes into committee. The Lord in the Chair then says:

    "[Short title]—My Lords, I understand that no amendments have been set down to the bill, and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in committee. With the agreement of the committee, I will now report the bill to the House without amendment."

8.100  Members who wish to speak to any of the clauses or Schedules or to move a manuscript amendment should indicate their intentions on this Question, in which case the Lord in the Chair must put the clauses and Schedules in the usual way. If no member indicates a wish to speak, the Lord in the Chair says "the House will now resume," and returns to the Woolsack to report the bill.

PROCEEDINGS IN GRAND COMMITTEE

8.101  If a public bill is not committed to a Committee of the whole House, it is usually committed to a Grand Committee. As described above this is done on motion moved after second reading. Any bill may be committed to a Grand Committee, but bills which are unlikely to attract amendments and which would have their committee stage discharged on the day of the committee stage are not committed to Grand Committees.

8.102  It is in order for parts of a bill to be committed to a Committee of the whole House and parts to a Grand Committee. In such cases the two committees must sit consecutively; usually the Committee of the whole House sits first and reports the part of the bill committed to it before the Grand Committee meets. Separate amendment sheets and marshalled lists are published for each set of proceedings. When both committees' proceedings are concluded an order is made that the bill be republished as amended.

8.103  The proceedings and forms of words in Grand Committees are identical to those in a Committee of the whole House save that no votes may take place. Normally only one bill per day may be considered in Grand Committee. Amendments, which may be tabled and spoken to by any member, are published and circulated as for Committee of the whole House.

8.104  As divisions are not permitted in Grand Committee, decisions to alter the bill may only be made by unanimity. Thus when the Question is put, a single voice against an amendment causes the amendment to be negatived.[40] If there is opposition to an amendment, it should be withdrawn, to enable the House to decide the matter on report. For the same reason the Question that a clause or Schedule stand part cannot be disagreed to unless there is unanimity; provided there is a single voice in favour, the clause or Schedule must be agreed to.

8.105  Unless the House orders otherwise, the next stage of a bill reported from a Grand Committee is report.

OTHER COMMITTEE PROCEDURES FOR PUBLIC BILLS

8.106  Certain other procedures have been developed to scrutinise public bills, either instead of or additional to proceedings in Committee of the whole House or Grand Committee. These include a special public bill committee, and a select or joint committee.

8.107  The purpose of these procedures is to enable more detailed examination of bills to take place, involving the hearing of evidence.

8.108  Unless the House orders otherwise, the next stage of a bill reported from a special public bill committee is report; but a bill reported from a select or joint committee is recommitted to a Committee of the whole House, unless the committee has recommended that the bill should not proceed.

8.109  Bills may be considered under these procedures only if the House has agreed to a particular order of commitment. It is usual for such a motion to be moved immediately after the second reading has been agreed to. However, a motion to commit a bill to a select or joint committee may be moved at any time before third reading; and a motion that the order of commitment to a Committee of the whole House (or to a Grand Committee) be discharged and that an alternative order be made may be moved any day before the committee stage begins. Notice is required of any such motion.

8.110  The members of a special public bill committee, or a select or joint committee, are subsequently appointed by the House on the recommendation of the Committee of Selection.

Special public bill committee

8.111  Special public bill committees are empowered to take written and oral evidence on bills before considering them clause by clause in the usual way. Law Commission bills are normally committed to a special public bill committee,[41] but the procedure may also be used for any bill irrespective of the House of introduction.[42]

8.112  A bill is committed to a special public bill committee by a motion moved after second reading by the member in charge of the bill. The membership of the committee is proposed by the Committee of Selection, and the government have a majority over the other parties, with remaining places held by the Crossbench members. It has been the practice for the relevant minister and frontbench spokesmen from the other parties to be members. Any member of the House who is not a member of the committee may attend any public meeting of the committee, and may speak and move amendments, but may not vote.[43]

8.113   Unlike select committees empowered to take evidence, a special public bill committee is not normally given powers such as those to appoint advisers or to travel.[44] The committee may sit whether the House is sitting or not.[45]

8.114  The relevant government department produces with the bill a summary of the consultation undertaken, with an indication of representations received and changes made. The evidence-taking usually begins with the minister giving evidence, following which the minister rejoins the committee on the other side of the table. Special public bill committees must conclude their taking of evidence within a 28-day period beginning with the date on which they are appointed, excluding any adjournment of the House for more than three days.

8.115  There is an interval after the conclusion of the evidence taking, to enable members of the committee, and others, to table amendments.[46] Notice of the proceedings is given on the order paper and amendments for consideration in such proceedings are published and circulated as for a Committee of the whole House. The committee then meets to consider any amendments tabled. Proceedings are not time-limited. The Senior Deputy Speaker may take the chair for these proceedings if desired (but may not vote, as he is not a member of the committee).

8.116  Special public bill committees, when considering amendments, follow the procedure of a committee stage in the Chamber as closely as possible. Members speak standing and, so far as they can, observe the same degree of formality as in the Chamber. The committee may vote on amendments and motions: if the Question cannot be decided by collecting the voices, the Clerk reads out the names of the members of the committee. Each member when their name is called replies "Content", "Not-content" or "Abstain". If a division in the House is called the committee adjourns for 10 minutes.

8.117  If the bill is amended, it is published in the usual way. The committee does not publish a report: its outputs are the verbatim report of the special public bill committee proceedings and the written and oral evidence that it has received.

Bill committed to select or joint committee

8.118  A public bill (other than a consolidation bill which is referred automatically after second reading to the Joint Committee on Consolidation Bills under SO 51) may be committed to a select committee or a joint committee when detailed investigation is considered desirable or when the hearing of evidence is considered necessary. To achieve this a motion is moved that a bill be committed to a select committee or that a joint committee be appointed to consider the bill. Such a motion is usually moved immediately after second reading but is admissible at any stage before third reading. If the bill has previously been committed to a Committee of the whole House or Grand Committee, the order may be discharged and an order made to commit the bill instead to a joint or to a select committee. A motion may be tabled to commit a part of a bill to a select committee. If the bill is referred to a joint committee a message is sent to the House of Commons informing them and desiring their agreement.[47] A bill may be committed to a select committee on another bill.

8.119  The method of appointment and powers of the committee are the same as for an ad hoc committee on a general subject (see paragraph 11.03); but the bill forms the committee's order of reference and defines the scope of the inquiry.

8.120  When the committee has completed its deliberations, it makes a report to the House on the provisions of the bill, recommending whether or not it should proceed. The committee usually gives reasons in a report similar to a report on a general subject. The committee has no power to put an end to the bill. If it considers that the bill should proceed, the committee reports it with such amendments as it thinks fit, and the bill is then recommitted to a Committee of the whole House in the form in which it has been reported. When a committee makes amendments, formal minutes of proceedings are required to record the amendments made. The minutes of proceedings serve as the authority for the making of the amendments and the republishing of the bill as reported. If the committee considers that it should not proceed, it reports the bill accordingly, without amendment.

8.121  When a select committee reports that a bill should not proceed, the bill is not recommitted to a Committee of the whole House. The bill remains in the list of bills in progress in House of Lords Business until the end of the session under the heading "Reported from the select committee that the bill should not proceed". The House normally acquiesces in a report from a select committee recommending that a bill should not proceed, and no further proceedings on the bill take place. If a bill is to proceed, a motion, of which notice is required, has to be agreed that the bill be recommitted to a Committee of the whole House. A bill may also be recommitted to a committee after the latter has reported that it should not proceed.[48]

8.122  If a committee is unable to complete its consideration of the bill, it makes a special report to that effect and reports the bill without amendment.

Recommitment

8.123  A bill which has been referred to a select or joint committee is, after being reported by that committee, recommitted to a Committee of the whole House unless the select or joint committee has reported that the bill should not proceed. Consolidation bills and hybrid bills are the most common examples of bills which are recommitted.

8.124  Other bills may, on motion (which is debatable and of which notice is required) moved at any time between committee and third reading, be recommitted to a Committee of the whole House or Grand Committee in their entirety, or in respect of certain clauses or Schedules. This course is adopted when it is desirable to give further detailed consideration to the bill or certain parts of it without the constraints on speaking which apply on report and third reading; for instance:

·  when substantial amendments are tabled too late in the committee stage to enable them to be properly considered;

·  where there is extensive redrafting; or

·  where amendments are tabled at a later stage on subjects which have not been considered in committee.

This procedure reserves to the report stage its proper function as an opportunity to review and perfect the bill as amended in committee.

8.125  A motion that the House resolve itself into a committee on recommitment on a bill may be debated and opposed in the same way as the motion to go into committee. Procedure on recommitment is the same as in Committee of the whole House. The next stage of any bill or part of a bill subject to recommitment is report stage. However, the minimum interval between committee and report does not apply between recommitment and report.

8.126  SO 47(2) provides for the order of recommitment to be discharged on the same conditions as apply to the order of commitment.

Consideration in Committee of the whole House at later stages of bills

8.127  In exceptional circumstances a member may move that the House consider particular amendments (including Commons amendments) in Committee of the whole House without formally recommitting the bill.[49] The effect, in accordance with SO 62, is to give greater "freedom of debate" with regard to those amendments. When consideration of the specific amendments is concluded the House is resumed, and proceedings continue without further interruption; the bill is not formally reported to the House, and no report or third reading stage follows. The decisions of the committee in respect of the amendments have the same effect as decisions taken by the House itself.

REPORT STAGE

8.128  If a bill has been amended in Committee of the whole House, the report stage cannot be taken until a later day, unless SO 46 has been suspended or dispensed with.

8.129  The motion "That this report be now received" may be objected to and debated and voted on; an amendment may be moved to postpone the report until a specified time; or a reasoned amendment[50] may be moved in opposition to the motion or to record a particular point of view in assenting to the motion.

Amendments on report

8.130  When the Question that the report be now received has been agreed to, any amendments are called in the usual way. Notice of these is given in the same way as for committee, and the same practices apply for marshalling and grouping. The proceedings are confined to dealing with amendments, either in the order in which they relate to the bill or in a particular sequence agreed to in advance by order of the House.

Repeat amendments[51]

8.131  Amendments identical (or of identical effect) to amendments pressed to a vote by the mover and defeated in committee may not be retabled on report. However, an issue which has been debated and voted on in committee can be reopened, provided that the relevant amendment is more than cosmetically different from that moved in committee.

8.132  An amendment agreed to on a vote in committee may not be reversed on report except with the unanimous agreement of the House. A clause or Schedule stood part on a vote in committee may not be removed on report except with the unanimous agreement of the House.

Amendments grouped and en bloc

8.133  As in committee, amendments may be grouped, and a member may ask leave to speak to a number of related amendments. Likewise consecutive amendments may be moved en bloc but without any need to confine each bloc within a clause or Schedule.

Opposition to clause or Schedule

8.134  The Question that the clauses and Schedules stand part is not put on report, so a proposal to leave out a clause or Schedule appears as an amendment. Such an amendment should not be tabled if the purpose underlying the amendment is to initiate a general debate, rather than a genuine desire to leave out the clause or Schedule: it may, however, be appropriate when, for instance, a member wishes to learn the outcome of an undertaking given in committee.[52]

Manuscript amendments

8.135  Manuscript amendments are not out of order on report, but the disadvantages and inconvenience attaching to the moving of manuscript amendments on report are even greater than at committee stage.

Rules of debate on report

8.136  On report no member may speak more than once to an amendment, except the mover of the amendment in reply or a member who has obtained leave of the House, which may only be granted to:

·  a member to explain himself in some material point of theirspeech, no new matter being introduced;

·  the member in charge of the bill; and

·  a minister of the Crown.[53]

8.137  Only the mover of an amendment or the member in charge of the bill speaks after the minister on report except for short questions of elucidation to the minister or member in charge of the bill or where the minister speaks early to assist the House in debate.[54]

8.138  Arguments fully deployed either in Committee of the whole House or in Grand Committee should not be repeated at length on report.[55]

Conclusion of proceedings on report

8.139  When the amendments have been disposed of, the bill is republished if amended, and awaits its third reading on a day to be fixed.

THIRD READING AND PASSING

8.140  The third reading of a bill is normally confined to the formal motion "That this bill be now read a third time". In exceptional circumstances a non-fatal amendment to the motion for third reading may be tabled, for instance to delay third reading so as to allow more time for amendments to be tabled. Notice of such an amendment is required. In all other circumstances, the motion for third reading is taken formally, without debate. General debate on or opposition to the bill normally now takes place on the subsequent motion "That this bill do now pass".

Procedure on third reading

8.141  Amendments may be moved after the third reading has been agreed to and before the motion that this bill do now pass.[56]

Notice of amendments

8.142  Except for privilege amendments (see paragraph 8.150), which are moved without notice, notice of amendments must be given in sufficient time to enable them to be published and circulated in the form in which it is proposed to move them.[57] Manuscript amendments are not in order. Marshalled lists of amendments are published on the day of third reading itself, rather than the day before as for other stages.

Admissibility of amendments

8.143  The practice of the House is normally to resolve major points of difference by the end of report stage, and to use third reading for tidying up the bill.[58]

8.144  The principal purposes of amendments on third reading are:

·  to clarify any remaining uncertainties;

·  to improve the drafting; and

·  to enable the government to fulfil undertakings given at earlier stages of the bill.

8.145  An issue which has been fully debated and voted on or negatived at a previous stage of a bill may not be reopened by an amendment on third reading.[59] The term "issue" is wider than a specific amendment. Thus where amendments have been grouped and debated together at an earlier stage of the bill it is assumed that all amendments in the group relate to the same "issue".

8.146  Where the Legislation Office considers that amendments fall clearly outside the guidance, including, for example, amendments which are identical, or very similar, to ones tabled and withdrawn at committee or report (unless tabled to give effect to government undertakings), or amendments raising completely new major issues, it will advise the member concerned. If the member tables the amendments notwithstanding this advice, the Legislation Office sends notification of these amendments to all members of the usual channels and to the Convenor of the Crossbench peers. They may then draw the matter to the attention of the House; it is for the House itself to decide what action to take.[60]

8.147  In all other respects the procedure on third reading is the same as that on report.

Further proceedings after third reading

8.148  If the amendments are not disposed of on the same day as third reading, further proceedings after third reading are taken on a later day.

Privilege amendment

8.149  On third reading of a bill originating in the House of Lords whose provisions may infringe the privileges of the House of Commons with regard to the control of public money, a "privilege amendment" is made formally after all the other amendments have been disposed of. The privilege amendment is moved without notice, without the amendment being circulated and without stating its nature. The amendment consists of a new subsection, inserted at the end of the final clause of the bill, in the following form:

    "( ) Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge."

8.150  When the bill is published for the Commons these words appear in bold type. The Commons leave out the subsection by amendment and thus make the imposition of the charge their own act.

Passing

8.151  The motion "That this bill do now pass" is moved immediately after third reading has been agreed to or, if amendments have been tabled, as soon as the last amendment has been disposed of. The motion is usually moved formally. It may be opposed, and reasoned or delaying amendments, of which notice must be given, may be moved to it, but in other circumstances there is normally no substantive debate. Any remarks should be brief and should not seek to reopen debates at previous stages of the bill.[61]

House bills

8.152  When a bill is passed by the House in which it has been introduced, a fair print of the bill, incorporating all the amendments made by that House, is made. This is called the House bill and it is then sent to the other House accompanied by a message seeking that House's agreement to it. Any amendments made in either House in the subsequent passage of the Bill are marked into the House bill, which is then returned to the other House with a further message. The House bill constitutes the formal record of what each House has done in respect of a bill and is the authority on which each House prints the text of a bill or any amendments brought from or made by the other.

8.153  Each time a bill is sent from one House to the other the House bill is endorsed by the Clerk of that House. The appropriate formulae, in Norman French, are given in Appendix H.

Bill sent or returned to Commons

8.154  When a bill originates in the Lords, the House bill is endorsed and signed by the Clerk of the Parliaments after third reading and sent to the Commons with a message seeking their agreement to it. The Commons publish the bill in the form in which it appears in the House bill.

8.155  If the Lords agree to a Commons bill without amendment, proceedings on the bill are at an end. A message is sent to the Commons so informing them and the bill awaits the Royal Assent. The bill itself is only returned to the Commons if it is a supply bill and the Royal Assent is to be signified by Commission (see appendix F).

8.156  Where a Commons bill is amended in the Lords, the amendments are marked into the House bill which is then endorsed by the Clerk of the Parliaments and sent back to the Commons with a message seeking the Commons' agreement to the Lords amendments. The Commons then publish the Lords amendments.

PROCEEDINGS ON BILLS RETURNED FROM THE COMMONS

8.157  If the Commons pass a Lords bill without amendment, or if the only amendment made by the Commons is to remove the privilege amendment made by the Lords, the bill then awaits the Royal Assent. In the latter case the Commons amendment is deemed to be considered and agreed to without any proceedings taking place on it in the Chamber, and a message is sent to the Commons informing them of the Lords' agreement.

8.158  If the Commons amend the bill in any other respect, the amendments (including any privilege amendment) are published and circulated. If the bill is returned when the House is not sitting, the amendments may be published pursuant to SO 50(2).

Consideration of Commons amendments

8.159  When possible, reasonable notice should be given for the consideration of Commons amendments; but, if necessary, they may be considered forthwith on the day they are received if a motion for that purpose is agreed to.[62] In such circumstances it is usual to give notice by means of an italic note on the order paper.

Amendments to Commons amendments

8.160  When a bill is returned from the Commons with amendments, it is only those amendments which are before the House. The other parts of the bill are no longer at issue, having been agreed to by both Houses, and cannot be amended except by a "consequential amendment", that is, an amendment immediately consequent upon the acceptance or rejection of a Commons amendment. So further amendments proposed at this stage are only admissible if they are relevant to a Commons amendment.

8.161  In dealing with a Commons amendment the following options are open to the Lords:

·  to agree to the Commons amendment, either (a) without amendment, or (b) with a consequential amendment or an amendment in lieu of the words left out of the bill by the Commons, or (c) an amendment to the words restored to the bill by the Commons;

·  to amend the Commons amendment;

·  to disagree to the Commons amendment but to propose an alternative to it (an amendment "in lieu");

·  to disagree to the Commons amendment.

8.162  Amendments to Commons amendments are handed in to the Legislation Office and published in the usual way. An amendment to a Commons amendment takes the same form as any other amendment to an amendment (see 8.67). But a proposal to disagree to a Commons amendment or to put forward an amendment in lieu takes the form of an amendment to the motion that the House do agree with the Commons in their amendment.[63]

8.163  A marshalled list of amendments and motions to be moved on consideration of Commons amendments is published on the day on which the amendments are to be taken. In some cases, where it is of assistance to the House, the text of the Commons amendments, or of the relevant ones, is reproduced on the marshalled list. Manuscript amendments to Commons amendments are not out of order but the disadvantages and inconveniences of such amendments are as great as on report.[64]

Procedure on consideration of Commons amendments

8.164  Each Commons amendment is called from the Woolsack in the order in which it relates to the bill, unless the House orders differently. The member in charge of the bill moves that the House do agree with the Commons in their amendment, and the debate and decision follow as usual (see paragraph 8.66). An amendment to a Commons amendment is moved as soon as the Question on the Commons amendment has been put for the first time (see paragraph 8.67). A motion to disagree to a Commons amendment or to propose an amendment in lieu is moved as an amendment to the motion to agree with the Commons amendment. If the motion to disagree is agreed to, there are no further proceedings on the original motion. If the motion to disagree is withdrawn or disagreed to, the Question is put on the original motion that the House do agree with the Commons in their amendment.

8.165  If the member in charge of the bill wishes to move that the House disagree with a Commons amendment (or to make an alternative proposal), the procedure above does not apply and the motion is moved as a motion in its own right and not as an amendment to a motion to agree.

8.166  If the member in charge of the bill wishes to move that the House do agree or disagree to some or all of the Commons amendments en bloc, and there is no other motion or amendment tabled to those amendments, they explain their intentions and ask leave of the House to do so when the first of the bloc is called. If there is no objection the Question is put accordingly. If there is objection the Question must be put separately on each amendment to the extent desired.

8.167  The Legislation Office provides a brief for all movers of amendments and motions at these stages.

Commons amendments agreed to

8.168  If all the Commons amendments are agreed to without amendment, the bill awaits the Royal Assent.

Commons amendments agreed to with amendments

8.169  When the Lords agree to a Commons amendment with an amendment, the bill is returned to the Commons with a message to that effect. In dealing with the bill the Commons can agree to the Lords amendments, or agree to them with amendments, or disagree to them with or without proposing an alternative.

8.170  If the Commons amend the Lords amendments and send the bill back accordingly, it then becomes the turn of the Lords to agree or disagree to, or amend, such Commons amendments, and the communications proceed in the same way as on the original Commons amendments. At this and subsequent stages related amendments and reasons appear together on the marshalled list and may, if appropriate, be debated and decided together. A set of amendments treated in this way is referred to as a "package". Packaging should be distinguished from the grouping of amendments at earlier stages, whereby amendments are debated together but are decided separately.[65]

Commons amendments disagreed to

Amendment in lieu of Commons amendment

8.171  The Lords can disagree to a Commons amendment but propose an amendment in lieu of it. When the bill goes back to the Commons they can agree to the Lords amendment in lieu, or propose an amendment to the amendment in lieu, or disagree to the amendment in lieu with or without proposing an alternative.

8.172  If the Commons amend the Lords amendment in lieu, or propose an alternative to it, the Lords can agree to or amend the Commons amendment, propose a new alternative or insist on their original amendment.

Disagreement to Commons amendment with a reason

8.173  If the Lords disagree to a Commons amendment without proposing an alternative they have to give a reason for their disagreement. A "reasons committee", usually of three members, is appointed to do this. The committee consists of the proposer of the disagreement and one supporter, together with the member in charge of the bill or, in the case of a government bill, some other minister, if desired. The committee meets in the Prince's Chamber immediately after proceedings on Commons amendments have been concluded and agrees upon the reason, which is reported to the House by means of an entry in the Minutes of Proceedings.

8.174  In considering a Lords reason the Commons may insist on their amendments with a reason; or not insist on their amendments; or not insist on their amendments, but propose others in lieu. The reason, or new amendments, are then considered by the Lords in the same way as the original Commons amendments, except that where the reason given by the Commons is on grounds of privilege (see paragraph 8.183) the Lords do not insist on their amendment.

8.175  If the Commons insist, it is still open to the Lords not to insist on their disagreement, and thus to accept the Commons amendments, or not to insist on their disagreement but to amend the Commons amendments or propose alternatives. If the Lords simply insist on their disagreement without offering amendments or alternatives, the bill is lost.[66]

Further communications between the two Houses

8.176  Communications between the two Houses may be carried on until the end of the session,[67] subject to these limitations:

·  the parts of the bill which both Houses have agreed on cannot be amended except by a "consequential amendment" (see paragraph 8.161);

·  if the reason given by the Commons for their disagreement is on the ground of privilege, the Lords do not insist on their amendment.

8.177  In addition, if one House insists on an amendment to which the other has disagreed, and the other insists on its disagreement, and neither has offered alternatives, the bill is lost. However, there is no binding rule of order which governs these proceedings in either House, and, if there is a desire to save a bill, some variation in the proceedings may be devised in order to effect this object.[68]

8.178  If any communications are still continuing at the end of a session, the bill is lost.

LORDS AMENDMENTS TO COMMONS BILLS

8.179  When any Lords amendments have been considered by the Commons, the bill is sent back to the Lords:

·  with the Lords amendments agreed to, in which case the bill is ready for Royal Assent; or

·  with the Lords amendments amended, or with amendments in lieu; or

·  with the Lords amendments disagreed to, with reasons for such disagreement;

and communications, similar to those described for bills originating in the Lords, take place between the two Houses.

LORDS AMENDMENTS AND COMMONS FINANCIAL PRIVILEGE

8.180  Each House of Parliament is guardian of its own privileges. It alone may invoke them. Until it does so, the other House is free to act as it thinks fit. It follows that, with regard to Commons financial privilege, the Lords may properly make amendments to Commons bills (other than supply bills) which, when they come to be considered by the Commons, are deemed by them to infringe their financial privileges. It also follows that the Lords need not anticipate what view the Commons may take of any Lords amendments with respect to Commons financial privilege. The only exceptions are amendments which prima facie are material and intolerable infringements of privilege, in that they either offend Commons SO 78(3)[69] or impose a charge not authorised by a Ways and Means resolution, and which will be summarily rejected by the Commons unless they have previously passed a supplementary financial resolution. Unless there is reason to believe that the necessary supplementary financial resolution will be made by the Commons, it is unprofitable for the Lords to make amendments of this kind. When such Lords amendments are considered by the Commons:

(a)  in the case of an infringement of Commons SO 78(3), the amendment is deemed to have been disagreed to without debate and without Question put;

(b)  in the case of a Lords amendment imposing a charge upon the people which has not been authorised by a Ways and Means resolution, the Speaker calls upon the member of the Commons in charge of the bill to move to disagree with the Lords amendment forthwith.

8.181  With these exceptions, the Commons may either invoke their financial privileges in respect of Lords amendments or waive them; and the Commons regularly accept Lords amendments which have financial implications. The Speaker of the Commons directs that a "special entry" be made in their Journals implicitly asserting their general rights but stating that the Commons accept the Lords amendment, "the Commons being willing to waive their privileges".

Privilege reasons

8.182  If the Commons disagree to a Lords amendment that infringes their financial privileges, the disagreement is made on the ground of privilege alone, and not on the merits of the amendment, even though the Commons may have debated the merits. The Commons communicate in their message to the Lords that the amendment involves a charge upon public funds or a charge by way of national or local taxation or that it in some other way deals with financial arrangements made by the Commons; and they add words to the effect that the Commons do not offer any further reason, trusting that the reason given may be deemed sufficient. In such cases the Lords do not insist on their amendment. But they may offer amendments in lieu of amendments which have been disagreed to by the Commons on the ground of privilege.

8.183  If the Commons disagree to a Lords amendment which appears to have financial implications but offer an amendment in lieu or an amendment to the words restored to the bill, financial privilege is not at that stage invoked by the Commons and the question whether the Lords amendment infringes privilege does not arise. It is therefore open to the Lords to disagree to the Commons amendment in lieu and to insist on the original Lords amendment, which is then returned with the bill to the Commons for further consideration by them.

CONSENT OF THE CROWN

8.184  Where a bill affects the prerogative or interest of the Crown, the Consent of the Crown is required and in respect of public bills must, after it has been obtained by Her Majesty's Government, be signified to the House by a minister who is a Privy Counsellor. This Consent places the Crown's prerogative and interest at the disposal of Parliament for the purposes of the bill, but does not imply that the Crown approves the provisions that require its Consent.

8.185  A bill affecting the interests of the Duchy of Cornwall or the Duchy of Lancaster requires Consent, unless the Crown's Consent has been obtained and the effect on the Duchy is not distinct from that on the Crown. In such a case Consent is given by the Crown on behalf of each Duchy or, when the Prince of Wales is of age, by Him as Duke of Cornwall.

8.186  The Consent of the Crown is signified on third reading.[70] It may also be signified on consideration of Commons amendments if it has not been previously signified and one of the Commons amendments makes it necessary. If a bill requires Consent and is carried over from one session to the next, Consent need not be re-signified in the second session.[71]

8.187  When it is known that Consent to a bill is required, this is noted in the list of bills in progress in House of Lords Business.

Measures and private bills

8.188  Consent of the Crown may also be required in respect of a Measure or a private bill (see paragraphs 8.223 and 9.55).

ROYAL ASSENT

8.189  Letters Patent are issued from time to time to signify the Royal Assent to bills and Measures passed by both Houses of Parliament.

8.190  Royal Assent is usually notified to each House sitting separately in accordance with the Royal Assent Act 1967. Once Royal Assent has been notified to both Houses, bills become Acts of Parliament. If notification is given on different days to each House, the date of Royal Assent is the date of notification in the second House.

8.191  Notification is frequently given before oral questions, but it may take place at any break between two items of business, or at the end of business, if necessary after an adjournment. The order in which notification is given is as follows: supply bills, other public bills, private bills, Measures.

8.192  Royal Assent may also be signified by Commission, as described in appendix F.

Record copies of Acts

8.193  Two record copies of each Act are printed. One copy is signed and endorsed by the Clerk of the Parliaments. This copy is preserved in the Parliamentary Archives, the other in the National Archives.

PROCEDURES WHICH APPLY ONLY TO CERTAIN TYPES OF BILL

Parliament Acts 1911 and 1949

8.194  Under the Parliament Acts 1911 and 1949 certain public bills may be presented for the Royal Assent without the consent of the Lords. The Acts do not apply to bills originating in the Lords, bills to extend the life of a Parliament beyond five years, private bills or delegated legislation. The conditions which must be fulfilled before a bill can be presented for the Royal Assent under the Acts vary according to whether or not the bill is certified by the Speaker of the House of Commons as a money bill.

Money bills

8.195  A money bill is a bill endorsed with the signed certificate of the Speaker of the House of Commons that it is a money bill because in the Speaker's opinion it contains only provisions dealing with national, but not local, taxation, public money or loans or their management. The certificate of the Speaker is conclusive for all purposes. If a money bill, which has been passed by the Commons and sent up to the Lords at least one month before the end of a session, is not passed by the Lords without amendment within a month after it is sent to them, the bill shall, unless the Commons direct to the contrary, be presented for the Royal Assent without the consent of the Lords. This does not debar the Lords from amending such bills provided they are passed within the month, but the Commons are not obliged to consider the amendments. On a few occasions minor amendments have been made by the Lords to such bills and have been accepted by the Commons.

Other public bills

8.196  If the Lords reject any other public bill to which the Acts apply which has been sent up from the Commons in two successive sessions, whether of the same Parliament or not, then that bill shall, unless the Commons direct to the contrary, be presented for the Royal Assent without the consent of the Lords. The bill must be sent up to the Lords at least one calendar month before the end of each session; and one year must elapse between second reading in the Commons in the first session and the passing of the bill by the Commons in the second. The Lords are deemed to have rejected a bill if they do not pass it, either without amendment or with such amendments only as are acceptable to the Commons. The effect of the Parliament Acts is that the Lords have power to delay enactment of a public bill until the session after that in which it was first introduced and until at least 13 months have elapsed from the date of second reading in the Commons in the first session.

Supply bills

8.197  Supply bills, or bills of aids and supplies, such as Consolidated Fund Bills and Finance Bills, may be passed or rejected by the Lords but, since the supply is granted by the House of Commons, the Lords are debarred from offering any amendment. Consequently the committee stage is negatived.[72] Proceedings on Consolidated Fund Bills are always taken formally;[73] Finance Bills are usually debated on second reading and their subsequent stages taken formally.

8.198  When these bills have been passed by the Lords, they are returned to the Commons if the Royal Assent is to be signified by Commission, and are brought up by the Speaker and receive the Royal Assent before, and in a different form from, all other bills.[74]

8.199  A supply bill may, or may not, be certified as a "money bill" within the meaning of s. 1(2) of the Parliament Act 1911. Finance Bills, which are supply bills, are frequently not certified as money bills.

Separate subjects

8.200  The right of the Lords to reject a supply bill includes the right to omit supply provisions from a bill when such provisions form a "separate subject" from the general object of the bill, which the Lords are otherwise entitled to amend.

8.201  For example the Lords amended Part III of the Land Commission Bill 1966-67 (which provided for a betterment levy). The Lords amended the part in committee although it concerned supply, but then left it out in its entirety on third reading, since it would have been an infringement of Commons financial privilege to return the bill with that part concerning supply amended. This gave the Commons the opportunity to restore the entire separate subject to the bill with amendments, including some of the Lords amendments made in committee.

Tacking

8.202  Commons financial privilege debars the Lords from amending supply bills. In order that the Commons should not abuse their financial privilege by including in such bills provisions unconnected with supply, the Lords passed a resolution in 1702 condemning the abuse of "tacking". It is now embodied in SO 52.[75]

Consolidation bills

8.203  Consolidation bills are invariably introduced in the House of Lords, and are subject to scrutiny by the Joint Committee on Consolidation Bills (see paragraph 8.209). Such bills fall into the following categories:

(a)  bills, whether public or private, which are limited to re-enacting existing law;

(b)  bills to consolidate any enactments with amendments to give effect to recommendations made by the Law Commissions;

(c)  statute law repeals bills, prepared by the Law Commissions to promote the reform of the statute law by the repeal of enactments which are no longer of practical utility;

(d)  statute law revision bills, which are limited to the repeal of obsolete, spent, unnecessary or superseded enactments;

(e)  bills prepared under the Consolidation of Enactments (Procedure) Act 1949, which include corrections and minor improvements to the existing law.

8.204  Almost all such bills now fall within categories (a) to (c).

8.205  Bills which re-enact in the form in which they apply to Scotland the provisions of United Kingdom Acts,[76] and consequential provisions bills which, although not consolidation bills, contain ancillary provisions normally found in a consolidation bill and form part of a consolidation,[77] have also on occasion been specifically referred to the Joint Committee on Consolidation Bills on motion. If the motion is agreed to, a message is sent to the Commons to ask for their agreement.

8.206  On second reading the Lord in charge of the bill may indicate to the House the category into which each bill falls. The bill is then automatically referred to the Joint Committee on Consolidation Bills.[78]

Joint Committee on Consolidation Bills

8.207  The joint committee consists of 12 members of each House, the Lords members being nominated by the Committee of Selection.[79] It is normally chaired by a former holder of high judicial office. The function of the joint committee is to assure itself that all the provisions of a bill fall properly within one of the categories previously indicated, and to report thereon to each House. After taking evidence from the draftsmen responsible and any departmental or other witnesses, the joint committee reports the bill to the House of Lords with or without amendment. Where amendments are made by the joint committee, bills are usually republished as amended. Whether or not amended, they are then recommitted to a Committee of the whole House. Thereafter consolidation bills follow the same course as other public bills.

8.208  Amendments may be moved in the House to bills that have been referred to the joint committee, provided that they are restricted to the class of amendment that could have been moved in the joint committee.

Moving of stages of consolidation bills en bloc

8.209  Where the same stage of several linked consolidation bills is to be considered by the House, the Lord in charge may, with notice (given by means of an italic note in House of Lords Business), move the bills en bloc. In the case of an amending stage, this is only possible if no amendments have been tabled. Any member may, however, propose that the bills be taken separately to the extent desired. The House can also resolve itself into a committee on recommitment in respect of several consolidation bills at once in order to debate any amendments tabled; the committee reports only when all the bills have been considered. In this case the procedure is applied by business of the House motion.[80]

Hybrid bills

8.210  Hybrid bills are public bills which are considered to affect specific private or local interests, in a manner different from the private or local interests of other persons or bodies of the same class, thus attracting the provisions of the standing orders applicable to private business (see paragraph 9.07).

Reference of bills to Examiners

8.211  Each public bill introduced in the Lords is examined by the Legislation Office to see whether it may affect any private interests to which protection is given by the Standing Orders. If, prima facie, this is found to be so, an order is made referring the bill to the Examiners. The second reading of the bill cannot be moved until the report of the Examiners has been received nor, in the case of a bill requiring an environmental statement, until certain other actions have occurred (see paragraph 8.218 below), although notice of second reading of the bill may be entered in the order paper.

8.212  It is open to any member who considers that a public bill may be hybrid, or has become hybrid as a result of any amendment made to it (see below), to move that the bill be referred to the Examiners. Such a motion is usually moved immediately before second reading, but may be moved with notice between stages at any time before third reading.

Report from Examiners

8.213  If the Examiners report that no standing orders are applicable, the bill may proceed on its ordinary course.

8.214  However, if the Examiners find that the standing orders relating to private business are applicable, the bill is a hybrid bill, and (unless the House orders otherwise) an order of the House is made providing for petitions against the bill to be deposited by a given date.

Petitions

8.215  If no petitions are deposited against the bill, the bill proceeds as a public bill in the usual way. If petitions are deposited, the bill is committed after second reading to a select committee.

Consultation on the environmental statement

8.216  If a hybrid bill requires an environmental statement to be prepared[81] comments from the public must be invited on the statement within a period set by the relevant minister.[82] Once those comments have been received by the government department a report must be prepared within a specified timeframe by an independent assessor summarising the issues raised in those comments. That report is submitted to both Houses. The second reading of the bill cannot be moved until at least 14 days after the report has been submitted. Any supplementary environmental information subsequently deposited will be subject to a similar process and the third reading of the bill cannot be moved until 14 days after the last assessor's report has been submitted. At third reading the minister must state the main reasons and considerations upon which Parliament is invited to give consent to the project to be authorised by the bill and also the main measures to be taken to avoid, reduce and, if possible, offset any major adverse effects of the project. A written statement setting out this information must be laid at least seven days before third reading.

Commitment

8.217  Since the bill is a public bill, and has been affirmed in principle on second reading, the preamble does not have to be proved before the select committee; but in other respects the committee broadly follows the procedure of a select committee on an opposed private bill (see paragraph 9.37). When the bill is reported from the select committee it is recommitted to a Committee of the whole House or a Grand Committee and thereafter follows the usual course of a public bill (subject to the requirements at third reading for a bill needing an environmental statement set out in paragraph 8.218). The bill is republished as amended by the select committee and the amendments are published separately.

Hybridising amendments

8.218  A bill may become prima facie hybrid as a result of an amendment made to it (and a hybrid bill may be amended in such a way as to affect private or local interests not previously affected). If an amendment is agreed to which, in the opinion of the Legislation Office, has such an effect, the bill may be referred to the Examiners before its next stage, on a motion moved by the Senior Deputy Speaker.

MEASURES

8.219  A Measure passed by the General Synod of the Church of England is, under the Church of England Assembly (Powers) Act 1919, submitted to Parliament for a resolution directing that it be presented to Her Majesty for Royal Assent.

8.220  The Measure is submitted first to the Ecclesiastical Committee, which is appointed pursuant to the 1919 Act for the duration of a Parliament and which consists of 15 members of the House of Lords, nominated by the Lord Speaker, and 15 members of the House of Commons, nominated by the Commons Speaker. The committee appoints its own chairman; by practice, this is a former holder of high judicial office. Being a statutory committee, the committee is not formally a joint committee, nor are its proceedings "proceedings in Parliament";[83] but it has resolved to adopt the procedure of a joint committee.

8.221  The committee reports on the nature and legal effect of the Measure, and gives its views on whether the Measure should proceed ("is expedient"), especially with relation to the constitutional rights of all Her Majesty's subjects. During its consideration of a Measure the Ecclesiastical Committee may, either of its own motion or at the request of the Legislative Committee of the General Synod, invite the Legislative Committee to discuss its provisions at a conference.

8.222  The committee communicates its report in draft to the Legislative Committee, and may not present its report to Parliament until the Legislative Committee asks it to do so. The Legislative Committee may, at any time before the presentation of the Ecclesiastical Committee's report to Parliament, withdraw a Measure from the consideration of that committee, and has invariably done so in the face of an unfavourable draft report.

8.223  If the Legislative Committee decides to proceed with the Measure, the text of the Measure and the report of the Ecclesiastical Committee are laid before Parliament. If the Senior Deputy Speaker and the Chairman of Ways and Means in the Commons think that a Measure deals with two or more subjects which might more properly be divided, they can divide a Measure at this point and it is published as separate Measures. A resolution for presenting the Measure to Her Majesty for Royal Assent may then be moved. Where a Measure affects the interests or prerogative of the Crown, Consent is required as for a bill. It is signified before the motion is moved in the House. If both Houses agree to such a motion, the Measure is ready for Royal Assent.

8.224  Neither the Ecclesiastical Committee nor either House has power to amend a Measure, but either House can reject it by disagreeing to the motion for a resolution.

 

 

 




[1] LJ (1971-72) 159.

[2] Procedure 2nd Rpt 1976-77.

[3] The fourteen-day periods are inclusive of the day on which the previous stage is concluded. The three-day period is exclusive.

[4] HL Deb. 15 December 2009, col. WS238.

[5] Procedure 1st Rpt 1987-88; 1st Rpt 1991-92.

[6] Procedure 3rd Rpt 1997-98. In the Lords, the Constitutional Reform Bill [HL] was carried over from session 2003-04 to 2004-05, and the Trusts (Capital and Income) Bill [HL] from 2010-12 to 2012-13. In the Commons, the power to carry over has been used more frequently.

[7] Procedure 3rd Rpt 2013-14.

[8] Scotland Act 1998, s. 28(7); Northern Ireland Act 1998 s. 5(6); Government of Wales Act 2006, ss. 93(5), 107(5).

[9] HL Deb. 28 October 1998, cols 1947-52. This is now reflected in the 2013 Memorandum of Understanding between the governments of the United Kingdom, Scotland, Wales and Northern Ireland, paragraph 14 of which states: "The United Kingdom Parliament retains authority to legislate on any issue, whether devolved or not. It is ultimately for Parliament to decide what use to make of that power. However, the UK Government will proceed in accordance with the convention that the UK Parliament would not normally legislate with regard to devolved matters except with the agreement of the devolved legislature. The devolved administrations will be responsible for seeking such agreement as may be required for this purpose on an approach from the UK Government."

[10] Scotland Act 1998, s. 28(8), inserted by s. 2 of the Scotland Act 2016.

[11] Government of Wales Act 2006, s. 107(6), inserted by s.2 of the Wales Act 2017.

[12] SO 41(3).

[13] Procedure 2nd Rpt 1997-98.

[14] This requirement does not apply to private members' bills.

[15] Procedure 1st Rpt 2001-02.

[16] HL Deb. 19 July 1989, cols 788-91; Procedure 3rd Rpt 1992-93.

[17] LJ (1979-80) 1358; LJ (1999-2000) 627.

[18] Procedure 1st Rpt 1999-2000.

[19] Procedure 1st Rpt 2007-08; 2nd Rpt 2010-12.

[20] The Protection of Freedoms Bill 2010-12 was committed in part to a Grand Committee and in part to a Committee of the whole House (LJ (2010-12 1689), as was the Deregulation Bill 2014-15 (Minutes of Proceedings, 30 July 2014). In such cases the proceedings take place sequentially and the bill is reported in respect of the clauses and Schedules separately from each committee. The Immigration Bill 2015-16 was initially committed in totality to a Committee of the whole House. After four days in committee the remaining clauses and Schedules were committed to a Grand Committee (Minutes of Proceedings, 8 February 2016).See para 8.102.

[21] SO 47(1); Procedure 1st Rpt 1970-71.

[22] Procedure 2nd Rpt 1990-91.

[23] Procedure 2nd Rpt 1976-77.

[24] See HL Deb. 6 February 1968, cols 1075-86.

[25] SO 38.

[26] Procedure 1st Rpt 1974-75.

[27] HL Deb. 11 June 1964, cols 986-1001; Procedure 1st Rpt 1983-84.

[28] e.g. HL Deb. 21 January 1997, col. 586.

[29] But see paragraph 8.52.

[30] HL Deb. 21 March 1984, col. 1325.

[31] Procedure 2nd Rpt 1976-77; 1st Rpt 1987-88.

[32] Procedure 2nd Rpt 1991-92.

[33] Under SO 62 the Lord Speaker may preside over Committee of the whole House.

[34] SO 62.

[35] See also SO 62.

[36] Procedure 4th Rpt 2014-15.

[37] Or, if the Lord Speaker or another Deputy Speaker takes over the Woolsack, the Lord who was in the Chair may report the bill from the government front bench.

[38] Procedure 1st Rpt 1956-57.

[39] SO 47(2).

[40] See paragraph 7.02

[41] Procedure 1st Rpt 2007-08.

[42] Procedure 1st Rpt 1994-95.

[43] SO 65.

[44] In 2012-13 the special public bill committee on the Partnerships (Prosecution) (Scotland) Bill [HL] was given power to travel: LJ (2012-13) 697-98. In 2014-15 the special public bill committee on the Insurance Bill [HL] was given power to appoint a specialist adviser: Minutes of Proceedings, 25 November 2014.

[45] Procedure 3rd Rpt 1970-71; 2nd Rpt 1987-88.

[46] Amendments may be tabled in the usual way at any time after second reading.

[47] LJ (1958-59) 97.

[48] LJ (1854-55) 277, 334.

[49] LJ (2008-09) 868.

[50] See paragraphs 8.39-8.41.

[51] Procedure 1st Rpt 1998-99.

[52] Procedure 9th Rpt 1970-71.

[53] SO 30.

[54] Procedure 1st Rpt 1987-88.

[55] Procedure 2nd Rpt 1976-77.

[56] Procedure 1st Rpt 1980-81.

[57] SO 48.

[58] Procedure 2nd Rpt 2005-06.

[59] Procedure 2nd Rpt 1976-77.

[60] Procedure 1st Rpt 2006-07.

[61] Procedure 1st Rpt 1998-99; 4th Rpt 2014-15.

[62] Procedure 1st Rpt 1987-88. SO 41(4).

[63] Procedure 2nd Rpt 1999-2000.

[64] Procedure 1st Rpt 1989-90.

[65] Procedure 1st Rpt 2004-05.

[66] But see para 8.178

[67] Exchanges between the Houses at this stage are governed by provisions set out in Procedure 1st Rpt 2004-05.

[68] Erskine May, p. 636. For an example see the proceedings on the Planning and Compulsory Purchase Bill 2003-04: LJ (2003-04) 427.

[69] "If the Speaker is satisfied that a Lords amendment imposes a charge upon the public revenue such as is required to be authorised by resolution of the House under Standing Order No. 49 (Certain proceedings relating to public money) and that such charge has not been so authorised, on reaching that amendment, the Speaker shall declare that he is so satisfied and the amendment shall be deemed to have been disagreed to and shall be so recorded in the Journal."

[70] Procedure 3rd Rpt 2014-15.

[71] Procedure 4th Rpt 2014-15.

[72] See paragraph 8.47

[73] Procedure 3rd Rpt 1992-93.

[74] See appendix F.

[75] LJ (1701-05) 185.

[76] LJ (1972-73) 383.

[77] Joint Committee on Consolidation Bills 4th Rpt 1987-88.

[78] SO 51.

[79] Report of the Select Committee on the Speakership of the House of Lords, HL Paper 92, 2005-06.

[80] Procedure 2nd Rpt 1991-92.

[81] PBSO 27A.

[82] PBSO 83A.

[83] See paragraph 11.03.

 
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