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and withdrawn at Committee and Report.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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