HOUSE OF LORDS - United Kingdom Parliament

More documents

Recommendations

Info

LORDS AMENDMENTS TO COMMONS BILLS 8.179 When any Lords amendments have been considered by the Commons, the bill is sent back to the Lords: with the Lords amendments agreed to, in which case the bill is ready for Royal Assent; or with the Lords amendments amended, or with amendments in lieu; or with the Lords amendments disagreed to, with reasons for such disagreement; and communications, similar to those described for bills originating in the Lords, take place between the two Houses. LORDS AMENDMENTS AND COMMONS FINANCIAL PRIVILEGE 8.180 Each House of Parliament is guardian of its own privileges. It alone may invoke them. Until it does so, the other House is free to act as it thinks fit. It follows that, with regard to Commons financial privilege, the Lords may properly make amendments to Commons bills (other than supply bills) which, when they come to be considered by the Commons, are deemed by them to infringe their financial privileges. It also follows that the Lords need not anticipate what view the Commons may take of any Lords amendments with respect to Commons financial privilege. The only exceptions are amendments which prima facie are material and intolerable infringements of privilege, in that they either offend Commons SO 78(3) 1 or impose a charge not authorised by a Ways and Means resolution, and which will be summarily rejected by the Commons unless they have previously passed a supplementary financial resolution. Unless there is reason to believe that the necessary supplementary financial resolution will be made by the Commons, it is unprofitable for the Lords 1 “If the Speaker is satisfied that a Lords amendment imposes a charge upon the public revenue such as is required to be authorised by resolution of the House under Standing Order No. 49 (Certain proceedings relating to public money) and that such charge has not been so authorised, on reaching that amendment, the Speaker shall declare that he is so satisfied and the amendment shall be deemed to have been disagreed to and shall be so recorded in the Journal.” 160
to make amendments of this kind. When such Lords amendments are considered by the Commons: (i) in the case of an infringement of Commons SO 78(3), the amendment is deemed to have been disagreed to without debate and without Question put; (ii) in the case of a Lords amendment imposing a charge upon the people which has not been authorised by a Ways and Means resolution, the Speaker calls upon the Member of the Commons in charge of the bill to move to disagree with the Lords amendment forthwith. 8.181 With these exceptions, the Commons may either invoke their financial privileges in respect of Lords amendments or waive them; and the Commons regularly accept Lords amendments which have financial implications. The Speaker of the Commons directs that a “special entry” be made in their Journals implicitly asserting their general rights but stating that the Commons accept the Lords amendment, “the Commons being willing to waive their privileges”. Privilege reasons 8.182 If the Commons disagree to a Lords amendment that infringes their financial privileges, the disagreement is made on the ground of privilege alone, and not on the merits of the amendment, even though the Commons may have debated the merits. The Commons communicate in their message to the Lords that the amendment involves a charge upon public funds or a charge by way of national or local taxation or that it in some other way deals with financial arrangements made by the Commons; and they add words to the effect that the Commons do not offer any further reason, trusting that the reason given may be deemed sufficient. In such cases the Lords do not insist on their amendment. But they may offer amendments in lieu of amendments which have been disagreed to by the Commons on the ground of privilege. 8.183 If the Commons disagree to a Lords amendment which appears to have financial implications but offer an amendment in lieu or an amendment to the words restored to the bill, financial privilege is not at that stage invoked by the Commons and the question whether the Lords amendment infringes privilege does not arise. It is therefore open to the Lords to disagree to the Commons amendment in lieu and to insist on 161
Page 1 and 2:
HOUSE OF LORDS Companion to the Sta
Page 3:
PREFACE This is the 22nd edition of
Page 6 and 7:
Secret sittings ...................
Page 8 and 9:
Introduction and first reading.....
Page 10 and 11:
Procedure on consideration of Commo
Page 12 and 13:
Remedial orders ...................
Page 14 and 15:
ABBREVIATIONS Erskine May Erskine M
Page 16 and 17:
By the Act of Settlement 1701 1 “
Page 18 and 19:
elected among the 15) in the releva
Page 20 and 21:
no member of the House may act as s
Page 22 and 23:
Leave of absence 1.27 Members of th
Page 24 and 25:
announcement takes a standard form
Page 26 and 27:
emunerated directorships and other
Page 28 and 29:
Seating in the Chamber 1.54 The sid
Page 30 and 31:
28 1. Throne 2. Cloth of Estate 3.
Page 32 and 33:
CHAPTER 2 THE CROWN AND PARLIAMENTA
Page 34 and 35:
2.09 A government backbencher also
Page 36 and 37:
does not apply to a dissolution, wh
Page 38 and 39:
Messages to members of the Royal Fa
Page 40 and 41:
CHAPTER 3 SITTINGS AND DOCUMENTS OF
Page 42 and 43:
Adjournment 3.09 At the end of busi
Page 44 and 45:
Leave of the House 3.19 The leave o
Page 46 and 47:
House of Lords Business 3.27 House
Page 48 and 49:
oral questions, which may be tabled
Page 50 and 51:
(c) business expressly exempted fro
Page 52 and 53:
3.43 Private bills are entered on t
Page 54 and 55:
e taken during the dinner break. On
Page 56 and 57:
the remaining business from that si
Page 58 and 59:
must submit a notification and expl
Page 60 and 61:
papers can be found in the Handbook
Page 62 and 63:
CHAPTER 4 CONDUCT IN THE HOUSE Self
Page 64 and 65:
Any advice or assistance given by t
Page 66 and 67:
Order of speaking 4.25 When two or
Page 68 and 69:
4.33 There are reasons for these cu
Page 70 and 71:
eferred to by their ministerial tit
Page 72 and 73:
Law Officers of the Crown, Judges o
Page 74 and 75:
the original motion as amended. It
Page 76 and 77:
(c) Appellate proceedings, whether
Page 78 and 79:
concerned can decide whether they c
Page 80 and 81:
78 General principles 6. By virtue
Page 82 and 83:
80 might be the case. Relevant inte
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 128 and 129: provisional order confirmation bill
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 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
Page 176 and 177: with. 1 These standing orders requi
Page 178 and 179: the case of bills originating in th
Page 180 and 181: second reading. 1 Such bills are no
Page 182 and 183: evidence from the parties and the r
Page 184 and 185: e deposited by the promoter at cert
Page 186 and 187: The petition must be signed by one
Page 188 and 189: Scotland; and petitions him to issu
Page 190 and 191: deemed to have been given for the s
Page 192 and 193: proceeds in the Lords straight from
Page 194 and 195: Types of delegated legislation 10.0
Page 196 and 197: 10.10 A motion to approve an affirm
Page 198 and 199: on the government to take action or
Page 200 and 201: 10.27 If however a scrutiny committ
Page 202 and 203: 10.37 When the Chairman of Committe
Page 204 and 205: to orders made under Acts passed be
Page 206 and 207: 10.53 If no resolution for annulmen
Page 208 and 209: or reserved matter unless he has la
Page 210 and 211: to any Member to table a free-stand
Page 212 and 213:
laid a copy before Parliament; pub
Page 214 and 215:
11.05 Certain committees are reappo
Page 216 and 217:
Committee for Privileges and Conduc
Page 218 and 219:
deliberate or to take evidence. Sel
Page 220 and 221:
egular debates on select committee
Page 222 and 223:
Legislative and Regulatory Reform A
Page 224 and 225:
consider the merits or policy of de
Page 226 and 227:
of eleven members of the House, inc
Page 228 and 229:
House, including membership of any
Page 230 and 231:
CHAPTER 12 PARLIAMENTARY PRIVILEGE
Page 232 and 233:
any form of molestation of, or inte
Page 234 and 235:
have arisen in only two cases in th
Page 236 and 237:
DATA PROTECTION 12.22 The Data Prot
Page 238 and 239:
APPENDIX A DIVISIONS: INSTRUCTIONS
Page 240 and 241:
238 (f) Any visitor who is suspecte
Page 242 and 243:
Summoning the Commons The presiding
Page 244 and 245:
Then the presiding Commissioner say
Page 246 and 247:
place the most favourable construct
Page 248 and 249:
presence of the Sovereign. This was
Page 250 and 251:
APPENDIX F ROYAL ASSENT BY COMMISSI
Page 252 and 253:
APPENDIX G PROROGATION BY COMMISSIO
Page 254 and 255:
APPENDIX H ENDORSEMENTS TO BILLS Lo
Page 256 and 257:
we thine unworthy servants, here ga
Page 258 and 259:
The Reading Clerk reads the Letters
Page 260 and 261:
APPENDIX L SCRUTINY RESERVE RESOLUT
Page 262 and 263:
INDEX absence of member asking ques
Page 264 and 265:
annulment equality of votes, 118 of
Page 266 and 267:
pre-legislative scrutiny, 128 print
Page 268 and 269:
Committee of Selection, 225 Committ
Page 270 and 271:
demise of the Crown, 34 oath to be
Page 272 and 273:
financial privilege. see Commons fi
Page 274 and 275:
maiden speeches, 68 intervals, mini
Page 276 and 277:
memorials complaining of non-compli
Page 278 and 279:
entitlement of members to, 56 may n
Page 280 and 281:
Privileges and Conduct, Committee f
Page 282 and 283:
ules of debate, 151 Representation
Page 284 and 285:
Sewel motion. see Scottish Parliame
Page 286 and 287:
Joint Committee on, 168 tax status
Page 289:
ISBN 978 0 10 847241 1 £13.50
show all

HOUSE OF LORDS - United Kingdom Parliament

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?