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.
301 Procedure 1st Rpt 1987-88. SO 42(4). Back
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