CHAPTER 11

SELECT COMMITTEES

11

11.01  The House may appoint committees to perform functions on its behalf. All committees whose members are appointed ("named of the committee") by the House from among its members are select committees.[1]

11.02  A select committee is appointed by "orders of appointment" setting out the committee's remit ("orders of reference"), powers and membership.

11.03  A committee may be appointed to perform a particular task, on completion of which the committee ceases to exist (an "ad hoc select committee"). Certain committees, listed in SO 64, continue in existence from one session to the next ("sessional select committees"); but the continued existence of such committees may be reviewed, particularly at the start of a Parliament.[2] This chapter concludes with a brief description of the sessional select committees.

Motions of appointment

11.04  A committee being set up for the first time is usually appointed by a two-stage process. If the appointment of the committee is recommended in a report of the Liaison Committee, approval of that report by the House is taken to be approval of the principle of the establishment of the committee. If the appointment of the committee has not been recommended by the Liaison Committee (as with certain pre-legislative scrutiny committees, for example), the Leader of the House first moves a motion that it is expedient to appoint the committee. This motion sets the proposed orders of reference, gives the House an opportunity to discuss the desirability of setting up the new committee, and authorises the Committee of Selection to select members. In either case, a second motion is then moved, by the Senior Deputy Speaker, to complete the orders of appointment. Such motions require notice, and may be debated and amended.

11.05  The "sessional committees" are:

·  House of Lords Commission

·  Communications Committee

·  Consolidation Bills Committee (Joint)

·  Constitution Committee

·  Delegated Powers and Regulatory Reform Committee

·  Economic Affairs Committee

·  European Union Committee

·  Finance Committee

·  Human Rights Committee (Joint)

·  Hybrid Instruments Committee

·  International Relations Committee

·  Liaison Committee

·  National Security Strategy Committee (Joint)

·  Committee for Privileges and Conduct

·  Procedure Committee

·  Science and Technology Committee

·  Secondary Legislation Scrutiny Committee

·  Services Committee

·  Standing Orders (Private Bills) Committee

·  Statutory Instruments Committee (Joint)

11.06  For a sessional select committee, the orders of appointment are made on a single motion. The Senior Deputy Speaker may, at the beginning of a new session, move en bloc the motions appointing select committees, deputy chairmen and other bodies nominated by the Committee of Selection. Notice is given by means of an italic note in House of Lords Business informing the House that, unless any Lord objects, the motions of appointment will be moved en bloc.[3]

Instructions

11.07  The House may amend, amplify or restrict a committee's orders of reference at any time by passing an instruction, e.g. to consider (or not to consider) a certain aspect of the matter, to give certain parties an opportunity to give evidence, or to report by a given date. An instruction may be mandatory or permissive.

Membership

11.08  The Committee of Selection[4] selects and proposes to the House the membership of select committees, with the exception of the Committee of Selection itself and committees on private legislation.[5]

11.09  There is no formal rule on the political balance of committee membership,[6] and in most cases no fixed number of members. It is desirable for a member to serve on only one sessional investigative select committee at any one time.[7]

11.10  The Senior Deputy Speaker may propose to the House, without reference to the Committee of Selection, members of the House to fill casual vacancies on select committees.[8] Such motions may be moved en bloc, subject to the rules set out in paragraph 3.52.[9]

Rotation rule

11.11  In order to secure a regular turnover of membership, a "rotation rule" operates in the case of most committees, whereby members who have been appointed (or co-opted) for three successive sessions (or parts of sessions) may not be reappointed in the following two sessions. The three sessions may be extended to allow a member appointed as chairman a three-session term as chairman. Select committees apply the rotation rules to their sub-committees.[10]

11.12   The following committees are exempt from any rotation rule—

·  Joint Committee on Consolidation etc. Bills[11]

·  Committee for Privileges and Conduct

·  Standing Orders (Private Bills) Committee

·  Hybrid Instruments Committee.

11.13  The Lord Speaker, Leaders, Chief Whips, Deputy Chief Whips, Convenor of the Crossbench peers, Senior Deputy Speaker and the Chairman of the European Union Committee are exempt from the rotation rule.

11.14  The rule is based on the duration of a session being approximately 12 months. In the event of a significant variation from this term the Committee of Selection may consider making ad hoc adjustments.

Chairman

11.15  The chairman of a committee may be appointed by the House on the proposal of the Committee of Selection. Otherwise the Senior Deputy Speaker or, in his absence, a Deputy Chairman takes the chair.[12] In the absence of an appointed chairman, the committee may appoint a substitute. Alternatively, a committee may be given power to appoint its own chairman; this is usually done only in the case of a joint committee.

Powers

11.16  A select committee may be appointed to report on a matter referred to it. When such a committee has reported, it ceases to exist. Alternatively, a committee may be given power to report "from time to time"—i.e. more than once.

11.17  A committee cannot appoint sub-committees or delegate its powers to sub-committees without an order of the House. The maximum number of members on a sub-committee is 12, other than in exceptional circumstances .[13]

11.18  A committee may be given power to co-opt other members of the House as members of the committee or of a sub-committee.

11.19  Committees are given the power to "send for persons, papers and records". Ordinarily witnesses attend and documents are produced voluntarily. However, the existence of this power means that, should it be necessary to issue a formal summons for the attendance of witnesses or the production of papers, the chairman may put a motion before the committee, that such a summons be issued. The issuing of a summons is to be used as a last resort, and only where a witness has refused repeated invitations, and their evidence is vital to an inquiry in progress. Refusal to attend in response to a formal summons would be reported to the House as a prima facie contempt.[14]

11.20  Members or staff of the House of Commons, and persons outside United Kingdom jurisdiction (such as foreign ambassadors), may give evidence by invitation, but cannot be compelled to do so. If a committee desires to examine an official of the House of Commons, a message is sent requesting the official's attendance, and the leave of the House of Commons must be obtained. No such messages are sent in respect of joint committees or committees on private bills, nor in respect of members of the House of Commons.[15] No message is required when Commons officials attend Lords committees to give informal briefings.

11.21  Committees on private business have authority to hear parties by counsel or on oath but other committees do not have this authority unless authorised to do so by the House.[16]

11.22  An order "that the minutes of evidence taken from time to time shall, if the committee think fit, be published" gives the committee power to publish evidence[17] in advance of its report.

11.23  A committee may be given other powers including:

·  power to appoint specialist advisers;

·  power to "adjourn from place to place", i.e. to travel.

11.24  Select committees have the power to confer and meet concurrently with any committee or sub-committee of the Commons appointed to consider a similar matter. Such meetings can be held to deliberate or to take evidence. Select committees may also give this power to sub-committees.[18]

11.25  The powers of committees of the House to inquire into matters relating to Scotland, Wales and Northern Ireland have not been limited formally by the devolution statutes.

Proceedings in committee

11.26  The quorum of a committee is three, unless the House orders otherwise. The quorum of sub-committees of the European Union Committee and the Lords joining with the Commons as the Joint Committees on Human Rights and Statutory Instruments is two.

11.27  The chairman of a committee has a vote, but not a casting vote.

11.28  Proceedings are conducted in English. However, the use of the Welsh language is permitted for the purpose of committee proceedings held in Wales.[19] Evidence many be received in foreign languages and British Sign language (see para 4.39).

Participation by non-members

11.29  Members of the House who are not members of a select committee may attend and speak when evidence is being taken; but they may not attend any meeting while the committee deliberates, unless invited by the committee to do so, they do not count towards the quorum, and they may not vote.[20] Members of the House who are not members of a committee or sub-committee do not receive papers on a regular basis.[21]

11.30  For the composition of the Committee for Privileges and Conduct when hearing claims of peerage, see paragraph 11.69.

Recess, prorogation and dissolution

11.31  A committee can sit at any time during a recess, but no committee may sit during prorogation or dissolution.

11.32  Sessional committees, and their sub-committees, continue in the same form, notwithstanding prorogation, until they are reappointed in the next session.[22] Other committees cease to exist at prorogation. All committees cease to exist on the dissolution of Parliament.

11.33  If an ad hoc committee has not completed its inquiry in the session in which it is appointed, it may be appointed again in the following session. In this case an order may be made to refer the evidence taken before the original committee to its successor. In the case of a sessional committee this is unnecessary.

Report

11.34  A report from a committee embodies the text agreed by the majority of the committee on the basis of a draft presented by the chairman. Members of a committee may not make a minority report. However, members who wish to express dissent may move amendments to the chairman's draft report or propose an alternative draft report. Amendments moved or alternative drafts proposed are recorded in the minutes of proceedings of the committee, together with a record of any vote. The minutes of proceedings are published with the report whenever a difference of opinion has been recorded in a division.[23] Minutes of proceedings are also required to record the making of any amendments to a bill by a select committee on a bill, whether there is a division or not. The minutes of proceedings serve as the authority for the making of the amendments and the republishing of the bill as reported.

11.35  Where a committee intends to make a personal criticism of a named individual (other than a minister) in its report, the committee is encouraged to consider whether to give notice to that individual.[24]

11.36  When a committee has agreed its report, an order is made for the report to be published.[25]

11.37  A motion to debate the report of a committee requires notice. Reports of some committees are debated on a neutral motion to "take note" of the report. Other reports are debated on a motion to "agree to" the report, to which amendments may be moved. A committee report may also be debated as the subject of a question for short debate.

11.38  The House has agreed that it is desirable that there should be regular debates on select committee reports in prime time.[26] Select committee reports may also be debated in Grand Committee with the concurrence of those concerned. Whether select committee reports are debated on the floor of the House or in Grand Committee, the debate may be time limited.[27]

11.39  The government have undertaken to respond in writing to the reports of select committees, if possible, within two months of publication.[28] Debate takes place after the government have responded, unless the committee wishes otherwise.[29]

11.40  There is no set time limit for government responses to reports from the Delegated Powers and Regulatory Reform Committee, as these need to be made in good time for amendments to be tabled to the bill in question. These responses are made available to the relevant frontbenchers, and placed in the Library of the House.[30]

11.41  A committee without leave to report from time to time may make a special report on incidental matters relating to its powers, functions or proceedings. Committees have used this procedure to invite evidence, or to review their own work over a period.

Joint committees

11.42  Joint committees of both Houses of Parliament usually have an equal number of members from each House, but this is a matter for arrangement between the Houses.

11.43  The standard procedure for setting up a joint committee proposed by the Lords is as follows. A motion is moved that it is expedient that a joint committee of both Houses be appointed to consider some particular subject. If this is agreed to, it is communicated by message to the Commons, with a request for their concurrence. If the Commons agrees then a message is returned which contains the Commons membership and orders of reference. The House then appoints a select committee, on a proposal from the Committee of Selection, and agrees the powers, orders of reference and time and place of the first meeting.

11.44  An addition to the number of members of a joint committee, or a change in its order of reference, is made in the same way. The filling of casual vacancies on joint committees does not require an exchange of messages.

11.45  Leave is always given to a joint committee to appoint its own chairman. Any power to be exercised by a joint committee must be granted by both Houses. Except where otherwise provided in the orders of reference, the procedure in a joint committee is that of select committees of the House of Lords.

SESSIONAL COMMITTEES

11.46  The following sessional select committees fall into three categories: first, those on public matters; second, those on private business; finally, the "domestic" committees through which the House regulates its internal affairs.

Committees on public matters

11.47  The chairmen of these committees are nominated by the Committee of Selection, except for the joint committees which appoint their own chairman.

Joint Committee on Consolidation Bills

11.48  This joint committee is described at paragraphs 8.209-8.210.

Communications Committee

11.49  The committee's terms of reference are "to consider the media and the creative industries."

Constitution Committee

11.50  The committee's terms of reference are to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution.

Delegated Powers and Regulatory Reform Committee

11.51  The committee's terms of reference require it to report "whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of delegated power to an inappropriate degree of parliamentary scrutiny. The committee also reports on "documents and draft orders laid before Parliament under or by virtue of (a) sections 14 and 18 of the Legislative and Regulatory Reform Act 2006, (b) section 7(2) or section 15 of the Localism Act 2011, or (c) section 5E(2) of the Fire and Rescue Services Act 2004; and to perform, in respect of such draft orders, and in respect of subordinate provisions orders made or proposed to be made under the Regulatory Reform Act 2001, the functions performed in respect of other instruments and draft instruments by the Joint Committee on Statutory Instruments." Finally, the committee reports on various other documents and draft orders subject to enhanced scrutiny procedures (see paragraphs 10.36-10.45).

11.52  The committee considers bills (except consolidation and supply bills) after introduction, on the basis of a memorandum from the relevant government department. The committee aims to issue its reports before the bills are considered at committee stage. If time allows, the committee also reports on government amendments if these involve delegated powers.[31] The committee has also reported on delegated powers in draft bills.[32]

Economic Affairs Committee

11.53  This committee is appointed "to consider economic affairs". The committee usually appoints a sub-committee to examine the Finance Bill each year.[33] The sub-committee examines tax administration, clarification and simplification, and not the incidence or rates of tax. The sub-committee conducts its activities with full regard to the traditional boundary between the two Houses on fiscal policy.[34]

European Union Committee

11.54  This committee considers European Union documents and other matters relating to the European Union. It also represents the House in interparliamentary cooperation within the European Union. The scrutiny work of the committee is supported by the scrutiny reserve resolution passed by the House on 30 March 2010 (see appendix L).

11.55  The chairman of the European Union committee is formally appointed at the start of each session as the Principal Deputy Chairman of Committees. The committee has a fulltime Legal Adviser. Reports from sub-committees are normally agreed by the select committee, but the chairman of the committee is authorised in urgent cases to present the report of a sub-committee to the House on behalf of the committee.[35]

International Relations Committee

11.56  The International Relations Committee is appointed to consider the United Kingdom's international relations

Joint Committee on Human Rights

11.57  The Joint Committee on Human Rights is empowered to consider matters relating to human rights in the United Kingdom, excluding individual cases. It scrutinises the human rights implications of bills, and also has functions in connection with remedial orders (see paragraphs 10.22-10.25).

Joint Committee on the National Security Strategy

11.58  This joint committee is appointed to consider the National Security Strategy. It has 10 Lords members and 12 Commons members.

Science and Technology Committee

11.59  This committee reports on the fields of science and technology.

Secondary Legislation Scrutiny Committee

11.60  The Secondary Legislation Scrutiny Committee scrutinises all instruments laid before each House of Parliament and subject to parliamentary proceedings (with certain exceptions). In particular, it is required to draw to the special attention of the House those instruments which are politically or legally important or give rise to issues of public policy likely to be of interest to the House; those which may be inappropriate in view of the changed circumstances since the enactment of the parent Act; those which may inappropriately implement European Union legislation; those which may imperfectly achieve their policy objectives; those where the explanatory material supporting the instrument is insufficient to understand its policy objective and intended implementation; and those where there appears to have been inadequacies in the consultation process.[36] The committee may conduct broader inquiries from time to time.[37]

Joint Committee on Statutory Instruments

11.61  This joint committee scrutinises delegated legislation in certain technical and legal respects. Its terms of reference are embodied in SO 73 and its powers in a resolution of 16 December 1997. It does not consider the merits or policy of delegated legislation. Under SO 72 a motion to approve an affirmative instrument may not be moved in the House of Lords until the joint committee has reported on the instrument.[38] The chairman is, by practice, a member of the House of Commons.

Committees on private business

11.62  The Senior Deputy Speaker chairs these committees.

Hybrid Instruments Committee

11.63  This committee considers hybrid instruments in accordance with private business SOs 216 and 216A. The committee rarely meets, reflecting the fact that many bills now include provisions exempting delegated legislation from hybrid instrument procedure.

Standing Orders (Private Bills) Committee

11.64  This committee considers cases referred to it on a certificate of non-compliance, or on a special report, from the Examiners of Petitions for Private Bills, who certify whether in the case of a particular private bill the standing orders have been complied with. In a case of doubt, the committee decides whether the standing orders have been complied with. In case of non-compliance, it reports whether the standing orders ought to be dispensed with and, if so, on what conditions.

11.65  The parties either appear in person or are represented by their parliamentary agents. Counsel are not heard. In opposed cases, the quorum of the committee is three; but in unopposed cases, the Senior Deputy Speaker normally acts alone.

Domestic committees

House of Lords Commission

11.66  The House of Lords Commission is appointed to provide high-level strategic and political direction for the House of Lords Administration on behalf of the House.[39] The commission:

i.  Agrees the annual Estimate;

ii.  Supervises the arrangements relating to financial support for members; and

iii.  Works with the Management Board to develop, set and approve the strategic business plan, the annual business and financial plans for the Administration and monitors the performance of the Administration against agreed targets.

The Lord Speaker chairs the Commission. The Senior Deputy Speaker is a member, and speaks for the Commission in the House when presenting its reports and answering questions on administrative matters.

Finance Committee

11.67  This committee is appointed to support the House of Lords Commission by:

i.  considering expenditure on services provided from the Estimate for the House of Lords,

ii.  with the assistance of the Management Board, preparing the forecast outturn, Estimate and financial
plan for submission to the Commission,

iii.  monitoring the financial performance of the House Administration, and

iv.  reporting to the Commission on the financial implications of significant proposals.

The Chairman of the Finance Committee presents any committee reports to the House and replies to debates on those reports. The Chairman may answer written questions and debates on Finance committee matters if delegated by the Senior Deputy Speaker.

Liaison Committee

11.68  This committee advises the House on the resources required for committee work and on allocation of resources between committees. It reviews the committee work of the House; it considers requests for ad hoc committees for particular inquiries; it seeks to ensure effective co-ordination between the two Houses; and it considers the availability of members of the House to serve on committees. The committee consists of 11 members of the House, including the Leaders of the three main parties and the Convenor of the Crossbench peers or their representatives, together with six backbenchers. The Senior Deputy Speaker is chairman, and the chairmen of the main investigative committees are entitled to attend the meetings of the committee on agenda items which concern them.

Committee for Privileges and Conduct

11.69  The House refers to this committee questions regarding its privileges and claims of peerage and of precedence. The House referred to the committee two questions of law arising from the House of Lords Bill in 1999.[40] The Committee for Privileges and Conduct also oversees the operation of the Code of Conduct and Register of Lords' Interests (see Chapter 5). The committee consists of 16 members of the House, two of whom are former holders of high judicial office.[41] In any claim of peerage, the committee sits with three current holders of high judicial office, who are granted the same speaking and voting rights as the members of the committee. The chairman is the Senior Deputy Speaker.

11.70  The Committee for Privileges and Conduct appoints a Sub-Committee on Lords' Conduct. This sub-committee recommends sanctions in cases where the Commissioner for Standards has found a member to have breached the Code of Conduct; keeps the Code and Guide under review; and may be consulted by the Registrar of Lords' Interests where necessary.

Procedure Committee

11.71  This committee considers any proposals for alterations in the procedure of the House that may arise from time to time, and whether the standing orders require to be amended.

11.72  The committee is composed of the Senior Deputy Speaker (in the chair), the Lord Speaker, the Party Leaders and Chief Whips, the Convenor of the Crossbench peers, three Labour backbenchers, three Conservative backbenchers, two Liberal Democrat backbenchers and two other Crossbenchers.[42]

11.73  The committee as named by the Committee of Selection is supplemented by one alternate for each party group of backbench members and one for the Crossbenchers, plus an alternate for the Convenor. The alternates are also named by the Committee of Selection. They receive papers, and are entitled to attend if any of the relevant members cannot, and if necessary to vote.

11.74  The committee appoints a Leave of Absence Sub-Committee, which advises the Clerk of the Parliaments on the operation of the leave of absence scheme. The sub-committee is chaired by the Senior Deputy Speaker; the other members are the Chief Whips of the three main parties and the Convenor of the Crossbench peers.[43]

Services Committee

11.75  The Services Committee is appointed to support the House of Lords Commission by:

i.  agreeing day-to-day policy on member-facing services,

ii.  providing advice on strategic policy decisions when sought by the Commission, and

iii.  overseeing the delivery and implementation of both

The Chairman of the Services Committee presents any committee reports to the House and replies to debates on those reports. The Chairman may also answer written questions and debates on Services committee matters where delegated by the Senior Deputy Speaker. Committee of Selection

11.76  In addition to proposing the names of members of the House to form, and to chair, select committees, this committee also proposes the panel of Deputy Chairmen of Committees for each session, as well as the members of any other bodies referred to it by the Senior Deputy Speaker, such as the Lords members of the Board of the Parliamentary Office of Science and Technology (POST).[44] The chairman is the Senior Deputy Speaker.

Bodies analogous to select committees

Audit Committee

11.77  The Audit Committee consists of members of the House and an external element. The Lords members concerned hold no other office in the House, and save for the Chairman do not sit on any other domestic committee.[45] Membership of the committee and its terms of reference are the responsibility of the House of Lords Commission. The Chairman of the Audit Committee serves on the Commission.

Ecclesiastical Committee

11.78  The Ecclesiastical Committee is a statutory body, whose proceedings are not proceedings in Parliament; but by a committee resolution of 22 March 1921 it follows the procedure of a parliamentary joint committee. It consists of 30 members, 15 of whom are nominated by the Lord Speaker[46] from the House of Lords for the duration of a Parliament, to consider Measures: see paragraphs 8.221-8.226.

Intelligence and Security Committee of Parliament

11.79  The Intelligence and Security Committee of Parliament (ISCOP) is a statutory body, whose proceedings are not proceedings in Parliament, appointed by the Prime Minister in accordance with the Justice and Security Act 2013. Before putting forward a name or names to the Prime Minister, the Leader of the House consults the usual channels and tables a motion inviting the House to approve the nomination.

11.80  The ISCOP is required to publish an annual report, and may also publish special reports. There is a presumption that annual reports will be debated in Grand Committee and that special reports will be debated either in Grand Committee or in the Chamber. Such debates are on a take-note motion (see paragraph 6.58) moved by a Lords member of the ISCOP. A minister winds up the debate, and the mover has a right of reply.[47]

Other bodies

POST

11.81  The Parliamentary Office of Science and Technology (POST) provides members of both Houses with information on science and technology issues. It is controlled by a Board of members and officials of both Houses and non-parliamentarians. Four Lords members currently sit on the Board. By practice they include the chairman of the Science and Technology Committee and a member of the Information Committee.

Works of Art Advisory Panel

11.82  The Works of Art Advisory Panel reports and make recommendations to the Lord Speaker as Chairman of the Commission. The Lord Speaker appoints the membership of the advisory panel and sets its terms of reference.

INTERNATIONAL DELEGATIONS

11.83  Members of the House serve on United Kingdom delegations to various international bodies:

·  British-Irish Parliamentary Assembly;

·  Commonwealth Parliamentary Association;

·  Council of Europe Parliamentary Assembly;

·  Inter-Parliamentary Union;

·  NATO Parliamentary Assembly;

·  Organisation for Security and Co-operation in Europe Parliamentary Assembly.

These delegations are appointed after consultations through the usual channels.[48]

 

 

 

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