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provisional order confirmation bills. The statement is usually set out on the cover page of a bill as first printed for each House; where bills are not printed for the Lords the statement is publicised by means of a written statement. 8.25 The minister who makes the statement should under normal circumstances move the second reading of the bill. If that minister is unable to do so, another minister should do so on the basis that he or she is acting on behalf of the minister who has made the statement. 1 8.26 Section 19 does not apply to a private member’s bill. Notice of subsequent stages 8.27 It is for the Lord who is in charge of a bill to give notice of a date for second reading, and for the stages thereafter. When a day is fixed for the second reading, or for any subsequent stage, notice is given in House of Lords Business. 8.28 A member may move any stage of a bill on behalf of the Lord in charge of the bill. Bills once introduced are in the possession of the House and not in the sole ownership of the Lord in charge. 2 Government and private members’ bills 8.29 There is no procedural distinction between bills sponsored by a minister and those introduced by other members of the House, save in respect of carry-over and human rights statements. In practice the House normally accords priority to proceedings on government bills except where private members’ bills are not expected to give rise to debate. But there is no concept of government or private members’ “time” in the Lords, nor any specific time when government or private members’ bills are taken. 8.30 Two booklets, Taking part in public bills in the House of Lords and A Guide to House of Lords amendment style, and a leaflet Promoting a private member’s bill in the House of Lords, are available to members from the Public Bill Office. 1 Procedure 1st Rpt 2001–02. 2 HL Deb. 19 July 1989, cols 788–91; Procedure 3rd Rpt 1992–93. 126
Commons bills not taken up within twelve sitting days 8.31 Under SO 49, if a bill brought up from the Commons remains for twelve sitting days without any member having given notice of a date for second reading, it cannot be proceeded with except after eight days’ notice. Motions to dispense with SO 49 have been agreed to. 1 Withdrawal of bills 8.32 A Commons bill may not be withdrawn at any stage in the House of Lords. 8.33 At any time after first reading, a bill originating in the House of Lords may, with the agreement of the House, be withdrawn by the Lord who presented it. This is achieved by the Lord in charge of the bill either begging leave to withdraw the motion for the relevant stage or, if the bill is between stages, tabling a separate motion, of which notice is given, “That the bill be withdrawn”. Unanimous leave of the House must be granted for a stage of a bill to be withdrawn, so that a single dissenting voice prevents leave being given and the Question must in that case be put and decided. The granting of leave to withdraw a stage of a bill is treated as withdrawal of the bill, unless the Lord in charge of the bill indicates that he intends to proceed with the bill on another day. Delegated Powers and Regulatory Reform Committee 2 8.34 All bills other than consolidation, money and supply bills are considered by the Delegated Powers and Regulatory Reform Committee, which reports to the House in relation to any delegated powers they contain. The committee aims to report before the committee stage begins, though the House is under no obligation to delay proceedings if the committee has not reported by that time. If time allows, the committee may also report on government amendments, if these involve significant delegated powers. 3 1 LJ (1979–80) 1358; HL Deb. 24 July 2000, cols 12–13. 2 The work of the Committee is described at paragraphs 11.48–11.50. 3 Procedure 1st Rpt 1999–2000. 127
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HOUSE OF LORDS Companion to the Sta
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PREFACE This is the 22nd edition of
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Secret sittings ...................
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Introduction and first reading.....
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Procedure on consideration of Commo
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Remedial orders ...................
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ABBREVIATIONS Erskine May Erskine M
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By the Act of Settlement 1701 1 “
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elected among the 15) in the releva
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no member of the House may act as s
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Leave of absence 1.27 Members of th
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announcement takes a standard form
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emunerated directorships and other
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Seating in the Chamber 1.54 The sid
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28 1. Throne 2. Cloth of Estate 3.
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CHAPTER 2 THE CROWN AND PARLIAMENTA
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2.09 A government backbencher also
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does not apply to a dissolution, wh
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Messages to members of the Royal Fa
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CHAPTER 3 SITTINGS AND DOCUMENTS OF
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Adjournment 3.09 At the end of busi
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Leave of the House 3.19 The leave o
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House of Lords Business 3.27 House
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oral questions, which may be tabled
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(c) business expressly exempted fro
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3.43 Private bills are entered on t
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e taken during the dinner break. On
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the remaining business from that si
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must submit a notification and expl
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papers can be found in the Handbook
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CHAPTER 4 CONDUCT IN THE HOUSE Self
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Any advice or assistance given by t
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Order of speaking 4.25 When two or
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4.33 There are reasons for these cu
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eferred to by their ministerial tit
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Law Officers of the Crown, Judges o
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the original motion as amended. It
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(c) Appellate proceedings, whether
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Page 80 and 81: 78 General principles 6. By virtue
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Page 84 and 85: itself once each Parliament, the Su
Page 86 and 87: 5.14 Paragraphs 8(c) and 8(d) of th
Page 88 and 89: Registration 5.22 The Guide lists 1
Page 90 and 91: Use of facilities and services 5.32
Page 92 and 93: CHAPTER 6 STATEMENTS, QUESTIONS AND
Page 94 and 95: Publication in Hansard 6.08 Where a
Page 96 and 97: 6.16 In drafting a question, though
Page 98 and 99: Questions should not ask the govern
Page 100 and 101: Secretary of State’s questions ar
Page 102 and 103: The ballot for Secretary of State
Page 104 and 105: or any other member to ensure that
Page 106 and 107: Motions General 6.46 In a normal fu
Page 108 and 109: egularly used for select committee
Page 110 and 111: 6.63 If the number of speakers on t
Page 112 and 113: Committees on motions 6.77 On rare
Page 114 and 115: CHAPTER 7 DIVISIONS General princip
Page 116 and 117: into two streams in each lobby. 1 T
Page 118 and 119: division list in the Minutes of Pro
Page 120 and 121: (f) on a motion to insist, or not t
Page 122 and 123: The debate on the amendment and the
Page 124 and 125: (c) on all bills of considerable le
Page 126 and 127: Procedure on introduction: Lords bi
Page 130 and 131: Constitution Committee 8.35 The Con
Page 132 and 133: Room. 1 Following first reading, a
Page 134 and 135: advice when the amendment is called
Page 136 and 137: amendments to insert a new clause a
Page 138 and 139: of the House will not have had an o
Page 140 and 141: Effect of groupings on third readin
Page 142 and 143: ill without Question put either in
Page 144 and 145: e resumed. The Lord in the Chair th
Page 146 and 147: 8.102 Any bill may be committed to
Page 148 and 149: Special public bill committee 8.113
Page 150 and 151: the order may be discharged and an
Page 152 and 153: Commons amendments) in Committee of
Page 154 and 155: 8.139 Only the mover of an amendmen
Page 156 and 157: Further proceedings after third rea
Page 158 and 159: of the bill are no longer at issue,
Page 160 and 161: 8.170 If the Commons amend the Lord
Page 162 and 163: LORDS AMENDMENTS TO COMMONS BILLS 8
Page 164 and 165: the original Lords amendment, which
Page 166 and 167: Money bills 8.196 A money bill is a
Page 168 and 169: Consolidation bills 8.204 Consolida
Page 170 and 171: the Lords the committee stage of a
Page 172 and 173: 8.222 The Measure is submitted firs
Page 174 and 175: CHAPTER 9 PRIVATE LEGISLATION Role
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the case of bills originating in th
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second reading. 1 Such bills are no
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evidence from the parties and the r
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e deposited by the promoter at cert
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The petition must be signed by one
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Scotland; and petitions him to issu
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deemed to have been given for the s
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proceeds in the Lords straight from
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Types of delegated legislation 10.0
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10.10 A motion to approve an affirm
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on the government to take action or
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10.27 If however a scrutiny committ
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10.37 When the Chairman of Committe
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to orders made under Acts passed be
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10.53 If no resolution for annulmen
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or reserved matter unless he has la
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to any Member to table a free-stand
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laid a copy before Parliament; pub
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11.05 Certain committees are reappo
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Committee for Privileges and Conduc
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deliberate or to take evidence. Sel
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egular debates on select committee
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Legislative and Regulatory Reform A
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consider the merits or policy of de
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of eleven members of the House, inc
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House, including membership of any
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CHAPTER 12 PARLIAMENTARY PRIVILEGE
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any form of molestation of, or inte
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have arisen in only two cases in th
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DATA PROTECTION 12.22 The Data Prot
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APPENDIX A DIVISIONS: INSTRUCTIONS
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238 (f) Any visitor who is suspecte
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Summoning the Commons The presiding
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Then the presiding Commissioner say
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place the most favourable construct
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presence of the Sovereign. This was
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APPENDIX F ROYAL ASSENT BY COMMISSI
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APPENDIX G PROROGATION BY COMMISSIO
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APPENDIX H ENDORSEMENTS TO BILLS Lo
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we thine unworthy servants, here ga
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The Reading Clerk reads the Letters
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APPENDIX L SCRUTINY RESERVE RESOLUT
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INDEX absence of member asking ques
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annulment equality of votes, 118 of
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pre-legislative scrutiny, 128 print
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Committee of Selection, 225 Committ
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demise of the Crown, 34 oath to be
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financial privilege. see Commons fi
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maiden speeches, 68 intervals, mini
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memorials complaining of non-compli
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entitlement of members to, 56 may n
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Privileges and Conduct, Committee f
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ules of debate, 151 Representation
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Sewel motion. see Scottish Parliame
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Joint Committee on, 168 tax status
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ISBN 978 0 10 847241 1 £13.50
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