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HOUSE OF LORDS - United Kingdom Parliament

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to make amendments of this kind. When such Lords amendments are<br />

considered by the Commons:<br />

(i) in the case of an infringement of Commons SO 78(3), the<br />

amendment is deemed to have been disagreed to without debate<br />

and without Question put;<br />

(ii) in the case of a Lords amendment imposing a charge upon the<br />

people which has not been authorised by a Ways and Means<br />

resolution, the Speaker calls upon the Member of the Commons<br />

in charge of the bill to move to disagree with the Lords<br />

amendment forthwith.<br />

8.181 With these exceptions, the Commons may either invoke their<br />

financial privileges in respect of Lords amendments or waive them; and<br />

the Commons regularly accept Lords amendments which have financial<br />

implications. The Speaker of the Commons directs that a “special entry”<br />

be made in their Journals implicitly asserting their general rights but stating<br />

that the Commons accept the Lords amendment, “the Commons being<br />

willing to waive their privileges”.<br />

Privilege reasons<br />

8.182 If the Commons disagree to a Lords amendment that infringes<br />

their financial privileges, the disagreement is made on the ground of<br />

privilege alone, and not on the merits of the amendment, even though<br />

the Commons may have debated the merits. The Commons<br />

communicate in their message to the Lords that the amendment involves<br />

a charge upon public funds or a charge by way of national or local<br />

taxation or that it in some other way deals with financial arrangements<br />

made by the Commons; and they add words to the effect that the<br />

Commons do not offer any further reason, trusting that the reason given<br />

may be deemed sufficient. In such cases the Lords do not insist on their<br />

amendment. But they may offer amendments in lieu of amendments<br />

which have been disagreed to by the Commons on the ground of<br />

privilege.<br />

8.183 If the Commons disagree to a Lords amendment which appears to<br />

have financial implications but offer an amendment in lieu or an<br />

amendment to the words restored to the bill, financial privilege is not at<br />

that stage invoked by the Commons and the question whether the Lords<br />

amendment infringes privilege does not arise. It is therefore open to the<br />

Lords to disagree to the Commons amendment in lieu and to insist on<br />

161

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