A private member's bill is a public bill sponsored by a Member
of either House who is not a Minister. Any Peer can introduce
such a bill.
How and when are private member's bills introduced?
The Public Bill Office gives advice and assistance to Peers considering
whether to introduce bills, and can suggest alternative courses
of action. The Office can help to draft bills and give advice
on the form of a bill already drafted. Because it is necessary
to ensure that a bill complies with rules about form and content,
the text of a bill must be settled with the Public Bill Office
before it is introduced.
When the text is agreed, the bill can
be introduced on any sitting day. Introduction and first reading
of new bills take place immediately after Starred Questions (or
on Fridays after prayers), and no formal notice is necessary,
though the Public Bill Office should be informed at least 24 hours
in advance.
The introduction and first reading of a bill are formal.
No debate takes place at this stage. If the Peer sponsoring
the bill cannot be present, he can authorise another Peer to introduce
it on his behalf, but this should be exceptional: the Public Bill Office must be informed in advance
if this is the case.
The Public Bill Office prepares a procedural
brief setting out the form of words to be used by the Peer in
charge, as it does for every subsequent stage. A copy of the
brief is available from 2pm (10am when the House sits at 11am)
in the Peers' Lobby and in the Prince's Chamber, or on request
from the Public Bill Office.
The bill will be printed overnight and is available in the Printed Paper Office and on the Internet on the next working day following introduction, together with any Explanatory Notes produced for the bill.
How does a bill proceed after introduction?
It is the responsibility of the Peer in charge of the bill to
fix a date for its second reading, and subsequently for each of
its remaining stages. This is done by contacting the Private
Secretary to the Leader of the House and the Government Chief
Whip in the Government Whips' Office (0171 219 3131).
There is no set time for taking private member's bills. This depends heavily
on the weight of other business. At busy times of the year, and
especially towards the end of the Session, it may be difficult
to find a convenient time for private member's bills, particularly
if many Peers wish to speak on them or if large numbers of amendments
are tabled. In addition, there is only a set number of days when
private member's bills can be taken in the Commons: in a normal
session the last day is usually in early July. It is therefore
advisable to introduce private member's bills early in the Session,
and to get them to the Commons as soon as possible.
In practice,
stages of private member's bills are often taken on Wednesdays
(after the debates), as dinner break business on other days, and
on sitting Fridays.
Private member's bills are subject to the
same guidance about minimum intervals between stages as are government
bills.
Second Reading
When a date is fixed for the second reading the Government Whips'
Office will arrange for the bill to be entered in the Minute and
in Forthcoming Business. A speakers' list will be opened in the
Government Whips' Office in the usual way.
The Peer in charge of
the bill opens the second reading debate, and has a right of reply
after the Minister has spoken.
Can a private member's bill be opposed?
Unlike the practice for government bills, it is not uncommon for
divisions to take place on the second reading of private member's
bills. Notice of this prospect is now almost always given by
the tabling of an amendment to the motion for second reading.
If a division occurs the Peer in charge must, within 3 minutes,
appoint a teller to act with him, and ensure that a supporter
of the bill remains in the Chamber to respond when the question
is again put, or the division will be lost.
Private member's bills
can similarly be opposed at subsequent stages, or by means of
amendment. The Peer in charge will get advance notice of such
possibilities by looking at the Minute and any amendment sheets
(available in the Printed Paper Office and published on the internet).
Subsequent stages
Dates are fixed for subsequent stages by agreement with the Government
Whips' Office. Should the Peer in charge wish to amend the bill
in the light of points raised, the Public Bill Office can assist
in drafting. If other amendments are tabled the Peer in charge
is responsible for dealing with them, though a Government Minister
also usually speaks. Marshalled lists are published in the usual
way.
Where there are a number
of amendments, the Government Whips' Office may assist in preparing
a list of groupings. Decisions about groupings can only be made
with the agreement of the Peer in charge of the bill and it is
advisable to discuss groupings with the Government Whips' Office
a day or so before the stage in question (earlier in the case of Committee stage).
What happens after a private member's bill is passed by the Lords?
A Lords' private member's bill will not be proceeded with, or
even printed, in the Commons until an MP has informed the Commons
Public Bill Office that he or she wishes to take it up. The Peer in
charge should therefore ensure that a colleague in the Commons
is prepared to do this. If a Peer has difficulty in finding an
MP to take up a bill the Government and other Whips' Offices may
be able to assist.
Because of the restrictions on the time for
private member's bills in the Commons, Peers should be aware that
a Lords' private member's bill can be blocked in the Commons by
a single MP. In particular, a bill which is opposed by the Government
or Opposition front benches stands little or no chance of proceeding
in the Commons.
If the Commons amend a Lords' private member's
bill the amendments have to be agreed by the Lords before the
bill can go for Royal Assent. The Peer in charge will be responsible
for moving the appropriate motions and should liaise with the
Government Whips' Office and with the Public Bill Office about
arrangements for this.
Sponsoring a Commons private member's bill
Commons private member's bills have to be taken up in the Lords
by a backbencher. Proceedings on such bills are similar to those
described above for Lords private member's bills after first reading.
(A Commons bill is automatically given a first reading and printed
for the Lords without any action by the Peer in charge).
A Peer
who has agreed with the MP sponsoring a Commons bill to take it
up should inform the Public Bill Office and should arrange a date
for the second reading with the Government Whips' Office.
In
practice, such bills usually carry all-party support and proceedings
in the Lords after second reading may be formal: but Peers who
take up Commons bills should be prepared for amendments. Since
Commons private member's bills may be sent to the Lords late in
the Session Peers should be prepared to be flexible about the
time when stages of such a bill are taken.
As with Lords bills, the
Public Bill Office is available to give advice and assistance.
Issued by the Public Bill Office,
House of Lords,
London SW1A 0PW
Telephone 0171 219 3153/4
Fax 0171 219 5933
Updated July 1999 |
