Select Committee on Procedure of the House First Report


First Report of Session 2006-07 from the Procedure Committee


NOTIFICATION OF DEATHS OF MEMBERS

1.  Since 2003, the death of a member of the House has been recorded in the minutes of proceedings, using the formula "The Lord Chancellor acquainted the House..." or, more recently, "The Lord Speaker informed the House..." We consider that it would be more fitting for the Lord Speaker to inform the House orally. This would take place before the first Oral Question. The Lord Speaker's announcement would take a standard form and would be distinct from tributes. It would not be debatable.

2.  The paying of tributes is a matter for the Leader of the House and the usual channels. The appendix outlines how the usual channels make such decisions.

THIRD READING AMENDMENTS

3.  On 23 January 2006, in response to our 2nd Report of last Session, the House agreed that "The practice of the House is normally to resolve major points of difference by the end of the Report stage, and to use Third Reading for tidying up the Bill." This was in addition to the previous guidance that

"The principal purposes of amendments on third reading are:

to clarify any remaining uncertainties;

to improve the drafting; and

to enable the government to fulfil undertakings given at earlier stages of the bill."

4.  In the light of experience since the additional guidance was agreed, we have considered two issues: how to ensure that the normal practice is followed, so that the House reaches decisions on major points of difference by the end of Report stage in the majority of cases; and secondly, what happens when the normal practice is not followed.

5.  The first issue is for the House itself. If self-regulation works well at Committee and Report stages, there should be less repetition of amendments at Third Reading. But the question will still arise, what action should be taken if repetitive amendments are tabled at Third Reading.

6.  In the end, it is for the House to decide what is acceptable at Third Reading. However we recommend that the Public Bill Office should provide notification of amendments tabled for Third Reading which in their opinion fall clearly outside the guidance and which have been tabled notwithstanding their advice to the member concerned. This could include, for example, amendments which are identical, or very similar, to ones tabled and withdrawn at Committee and Report. Amendments raising completely new major issues would also be contrary to the guidance, and would be relatively easy to identify.

7.  Any notification should go to all members of the Usual Channels and to the Convenor. It would then be for the House itself to decide what action to take.

LEGISLATIVE AND REGULATORY REFORM ACT 2006

8.  Following the enactment of the Legislative and Regulatory Reform Act 2006, we recommend the following consequential changes:

(a)  Standing Order 73 (Affirmative instruments)

In paragraph 1(a), delete "section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act" and insert "Part 1 of the Legislative and Regulatory Reform Act 2006"

In paragraph 1(b), delete "section 1 of the Regulatory Reform Act 2001" and insert "Part 1 of the Legislative and Regulatory Reform Act 2006"

(b)  Standing Order 74 (Joint Committee on Statutory Instruments)

In paragraph 1, delete "section 1 of the Regulatory Reform Act 2001, or any subordinate provisions order made or proposed to be made under that Act" and insert "Part 1 of the Legislative and Regulatory Reform Act 2006"

(c)  Terms of reference of the Delegated Powers and Regulatory Reform Committee

Delete "to report on documents and draft orders laid before Parliament under the Regulatory Reform Act 2001; and to perform, in respect of such documents and draft orders and subordinate provisions orders laid under that Act, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments" and insert "to report on documents and draft orders laid before Parliament under section 14 of the Legislative and Regulatory Reform Act 2006; and to perform, in respect of such draft orders, the functions performed in respect of other instruments by the Joint Committee on Statutory Instruments"

(d)  Terms of reference of the Select Committee on the Merits of Statutory Instruments

In paragraph 2(c), delete "draft orders (including draft subordinate provisions orders) under section 1 of the Regulatory Reform Act 2001, subordinate provisions orders under that Act and proposals in the form of a draft order under that Act" and insert "draft orders under section 14 of the Legislative and Regulatory Reform Act 2006"


 
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