Select Committee on Procedure of the House Second Report


Second Report from the Select Committee on Procedure of the House

WEDNESDAY 19 NOVEMBER 1997


By the Select Committee on the Procedure of the House

ORDERED TO REPORT:

1.  CARRY-OVER OF BILLS

The Committee considered a proposal made by the Commons Modernisation Committee[1], and endorsed by the House of Commons[2], that it should be possible for Government bills to be "carried over" from one parliamentary session to the next in the same way as hybrid and private bills. The Committee accepts that there is a case for the carry-over of some Government bills in certain circumstances. The Committee agreed that the Clerk of the Parliaments, after discussion with the Clerk of the House of Commons, should prepare a memorandum for the Committee, to be considered at a future meeting, in which the practical details and any necessary safeguards are examined.

2.  EXPLANATORY NOTES FOR BILLS

The Committee agreed to a proposal for "Explanatory Notes" on bills, which was made by the Commons Modernisation Committee and has been agreed to by the House of Commons[3]. The Notes will be prepared by the sponsoring Department and will combine in a single document accompanying the bill the material provided at present in the Explanatory Memorandum and the Notes on Clauses, but will extend and improve it. There will also be Explanatory Notes for Acts.

The Committee believes that it is desirable that-

  - in order to establish that the Explanatory Notes cannot be amended in Parliament, the Notes should make clear that they had been drafted by the sponsoring Department and have not been authorised by Parliament;

  - the Explanatory Notes should be neutral in tone and do not try to promote the bill or the policy underlying it;

  - the Explanatory Notes should be published separately from the Bill (and the subsequent Act), in order to avoid delay in publishing the Bill, to avoid the bill being too bulky, and to give the public a choice of whether or not to buy the Notes.

3.  REPRINTING OF QUESTIONS FOR WRITTEN ANSWER

The Committee considered whether Questions for Written Answer should continue to be printed each day in the Lords Minute until they are answered, up to two weeks after tabling. If Questions were printed and published only when they were new or had been amended, an annual saving of about £80,000 could be made. The Committee recommends that Questions for Written Answer should be published only once, when they are tabled, and only republished if they are altered. A full list of unanswered Questions should be available for consultation in the Minute Room and the Library of the House.

4.  ATTENDANCE AT DEBATES AND OTHER CONVENTIONS OF THE HOUSE

The Committee is concerned about the growing number of occasions when Lords who speak in debates do not remain to hear the closing speeches. The Committee wishes to remind Lords of the present guidelines in the Companion that a Lord who is taking part in a debate is expected to attend the greater part of that debate. It is considered discourteous for him not to be present for the opening and winding-up speeches and at least the speeches immediately before and after his own speech. A Lord who becomes aware that he is unlikely to be able to stay until the end of a debate should normally remove his name from the speakers' list (1st Report 1994-95; 3rd Report 1995-96).

The Committee has decided that the advice in the Companion should be strengthened by substituting for the words "A Lord who leaves early cannot expect to be answered by the Minister." the following:

  "Ministers cannot be expected to answer, orally or in writing, points made by a speaker who does not stay to hear the Minister's closing speech."

The Committee reminds the House that Lords should remain in their seats and not leave the Chamber during a maiden speech or during the following speaker's congratulations. Those entering the Chamber are expected to remain by the steps of the Throne or below the Bar.

The Committee noted that the expression "the noble Minister" is increasingly being used instead of the correct form "the noble Lord, the Minister". The Committee draws the House's attention to the correct form of address.

5.  JOINT COMMITTEE ON STATUTORY INSTRUMENTS: NEW STANDING ORDER

The Committee agreed to a new Standing Order governing the appointment of the Joint Committee on Statutory Instruments in order to reduce and simplify the motions which have to be moved at the beginning of each session.

6.  BROADCASTING COMMITTEE: TRANSFER OF FUNCTIONS

The Committee agreed that the functions of the Broadcasting Committee, which have become largely formal, should be transferred to the Administration and Works Sub-Committee, who already deal with issues of substance relating to broadcasting, and that the Broadcasting Committee should therefore cease to exist.

7.  APPLICATION OF THE ROTATION RULE TO THE SCIENCE AND TECHNOLOGY COMMITTEE

The Committee agreed to apply to the Chairman of the Science and Technology Committee the exemption from the rotation rule which allows Sub-Committee Chairmen to serve for three sessions.


1   First Report 1997-98: The Legislative Process (HC 190). Back

2   On 13th November 1997. Back

3   See footnotes 1 and 2. Back


 
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