7.65  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[270], and conducting its business according to more flexible rules of procedure.

7.66  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."

7.67  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.

7.68  When the motion that the House go into committee has been agreed to, the Lord on the Woolsack leaves the Woolsack, and the Chairman of Committees takes the Chair at the Table of the House[271] and puts the formal Questions postponing the long title and any preamble (no motion being moved).

Powers and duties of Chairman

7.69  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 4.10). They are generally confined to the calling on of clauses, Schedules and amendments to bills referred to the committee, and putting the Question thereon. The Lord in the Chair also makes the formal report of the committee to the whole House. Like any other member, the Lord in the Chair may vote; he does not (as in the Commons) have a casting vote.

Powers of Committee of the whole House

7.70  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 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

7.71  SO 31, which forbids a member to speak more than once to any motion, does not apply when the House is in committee. A next business motion (see paragraph 4.61) is not permitted.

Procedure on amendments

7.72  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 in the Chair. After the member moving the amendment has spoken the Lord in the Chair puts the text of the amendment to 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 presses it to a vote. The Lord 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.

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

New clauses

7.74  Amendments to insert new clauses are taken in the place where it is proposed to insert them amongst the other clauses in the bill.

Amendments to new clauses and to amendments

7.75  Amendments to new clauses or amendments to other proposed amendments are taken after the new clause or original amendment has been moved and put for the first time to the committee. When any such amendments have been disposed of, the debate on the original amendment, or the original amendment as amended, may be resumed.

Amendments moved en bloc

7.76  Amendments may be moved en bloc provided that:

• they are printed consecutively on the marshalled list;
• they all relate to the same clause;[272]
• they are consequential on an amendment already agreed to, and
• no member objects.

7.77  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. Instead, the first amendment is moved and the Question on it resolved separately. If the amendment is withdrawn or disagreed to, the other amendments are normally not moved. If the first amendment is agreed to, the other amendments may then be moved formally en bloc, without further debate.[273] Amendments may not be withdrawn en bloc.

Clause stand part

7.78  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. If there is no italic notice on the marshalled list warning of a debate, 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.

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

Postponement of clauses

7.80  Clauses or Parts may be postponed on a motion made to that effect of which notice has been given; and 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

7.81  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

7.82  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.

7.83  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

7.84  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 the Lord Speaker or a Deputy Speaker takes 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.

7.85  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.

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

Conclusion of proceedings in committee

7.87  When the committee stage is completed the Lord in the Chair, without any motions being moved, puts the Questions that the bill be reported to the House with or without amendment, and that the House be resumed. The Lord in the Chair then goes to the Woolsack to report the bill to the House.[274] If the bill has been amended, an order is made for the bill to be reprinted as amended, and the report stage takes place ("the report is received") on a later date.

Report received immediately

7.88  If the bill is reported without amendment, the Lord 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.[275] This ensures that there is an opportunity to amend the bill before third reading.

Committee dispensed with or discharged

COMMITTEE NEGATIVED

7.89  See paragraph 7.44.

ORDER OF COMMITMENT DISCHARGED

7.90  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 Lord in charge of the bill may move that the order of commitment (or recommitment) be discharged.[276] 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.

7.91  The Lord 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."

7.92  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 the third reading.

7.93  If any member objects, however, this Question cannot be completed and the Lord 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.

7.94  For the purposes of SOs 41(5) and 47, the discharge of the order of commitment constitutes a stage of a bill. Unless SO 47 has been suspended or dispensed with, the third reading may not be taken on the same day as that on which the order of commitment has been discharged.

BILL REPORTED FORTHWITH

7.95  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 put the Question that I report the bill to the House without amendment."

7.96  Any member who wishes 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 postpone the title and put the clauses and Schedules in the usual way.

271   SO 62. Back

272   This rule only applies in committee. Consecutive amendments to insert new clauses may be moved en bloc. Back

273   Procedure 2nd Rpt 1982-83. Back

274   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. Back

275   Procedure 1st Rpt 1956-57. Back

276   SO 48(2). Back