7.151  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.

7.152  If the Commons amend the bill in any other respect, the amendments (including any privilege amendment) are printed and circulated. If the bill is returned when the House is not sitting, the amendments are printed pursuant to SO 51(2).

Consideration of Commons amendments

7.153  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.[301] In such circumstances it is usual to give notice by means of an italic note on the order paper.

Amendments to Commons amendments

7.154  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.

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

• to agree to the Commons amendment without amendment or with a consequential amendment or an amendment in lieu of the words left out of the bill by the Commons or 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.

7.156  Amendments to Commons amendments are handed in to the Public Bill Office and printed in the usual way. An amendment to a Commons amendment takes the same form as any other amendment to an amendment (see paragraph 7.75). 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.[302]

7.157  A marshalled list of amendments and motions to be moved on consideration of Commons amendments is printed 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 printed 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.[303]

Procedure on consideration of Commons amendments

7.158  Each Commons amendment is called from the Woolsack in the order in which it relates to the bill, unless the House orders differently. The Lord 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 7.72). 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 7.75). 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.

7.159  If the Lord in charge of the bill wishes to move that the House disagree with a Commons amendment, the procedure above does not apply and the motion to disagree is moved as a motion in its own right and not as an amendment to a motion to agree.

7.160  If the Lord 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, he explains his intentions and asks 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.

7.161  The Public Bill Office provides a brief for all movers of amendments and motions at these stages.

Commons amendments agreed to

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

Commons amendments agreed to with amendments

7.163  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.

7.164  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 are printed 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 may be decided separately.[304]

Commons amendments disagreed to

AMENDMENT IN LIEU OF COMMONS AMENDMENT

7.165  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.

7.166  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

7.167  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 of his supporters, together with the Lord 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.

7.168  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 7.175) the Lords do not insist on their amendment.

7.169  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.

Further communications between the two Houses

7.170  Communications between the two Houses may be carried on until the end of the session,[305] 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 7.154);
• if the reason given by the Commons for their disagreement is on the ground of privilege, the Lords do not insist on their amendment; and
• 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.

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

302   Procedure 2nd Rpt 1999-2000. Back

303   Procedure 1st Rpt 1989-90. Back

304   Procedure 1st Rpt 2004-05. Back

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