HOUSE OF LORDS - United Kingdom Parliament
HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament
Money bills 8.196 A money bill is a bill endorsed with the signed certificate of the Speaker of the House of Commons that it is a money bill because in the Speaker’s opinion it contains only provisions dealing with national, but not local, taxation, public money or loans or their management. The certificate of the Speaker is conclusive for all purposes. If a money bill, which has been passed by the Commons and sent up to the Lords at least one month before the end of a session, is not passed by the Lords without amendment within a month after it is sent to them, the bill shall, unless the Commons direct to the contrary, be presented for Royal Assent without the consent of the Lords. This does not debar the Lords from amending such bills provided they are passed within the month, but the Commons are not obliged to consider the amendments. On a few occasions minor amendments have been made by the Lords to such bills and have been accepted by the Commons. Other public bills 8.197 If the Lords reject any other public bill to which the Acts apply which has been sent up from the Commons in two successive sessions, whether of the same Parliament or not, then that bill shall, unless the Commons direct to the contrary, be presented for Royal Assent without the consent of the Lords. The bill must be sent up to the Lords at least one calendar month before the end of each session; and one year must elapse between second reading in the Commons in the first session and the passing of the bill by the Commons in the second. The Lords are deemed to have rejected a bill if they do not pass it, either without amendment or with such amendments only as are acceptable to the Commons. The effect of the Parliament Acts is that the Lords have power to delay enactment of a public bill until the session after that in which it was first introduced and until at least 13 months have elapsed from the date of second reading in the Commons in the first session. Supply bills 8.198 Supply bills, or bills of aids and supplies, such as Consolidated Fund Bills and Finance Bills, may be passed or rejected by the Lords but, since the supply is granted by the House of Commons, the Lords are debarred from offering any amendment. Consequently the committee stage is negatived. Proceedings on Consolidated Fund Bills are always taken 164
formally; 1 Finance Bills are usually debated on second reading and their subsequent stages taken formally. 8.199 When these bills have been passed by the Lords, they are returned to the Commons if Royal Assent is to be signified by Commission, and are brought up by the Speaker and receive Royal Assent before, and in a different form from, all other bills. 2 8.200 A supply bill may, or may not, be certified as a “money bill” within the meaning of s. 1(2) of the Parliament Act 1911. Finance Bills, which are supply bills, are frequently not certified as money bills. Separate subjects 8.201 The right of the Lords to reject a supply bill includes the right to omit supply provisions from a bill when such provisions form a “separate subject” from the general object of the bill, which the Lords are otherwise entitled to amend. 8.202 For example the Lords amended Part III of the Land Commission Bill 1966–67 (which provided for a betterment levy). The Lords amended the part in committee although it concerned supply, but then left it out in its entirety on third reading, since it would have been an infringement of Commons financial privilege to return the bill with that part concerning supply amended. This gave the Commons the opportunity to restore the entire separate subject to the bill with amendments, including some of the Lords amendments made in committee. Tacking 8.203 Commons financial privilege debars the Lords from amending supply bills. In order that the Commons should not abuse their financial privilege by including in such bills provisions unconnected with supply, the Lords passed a resolution in 1702 condemning the abuse of “tacking”. It is now embodied in SO 52. 3 1 Procedure 3rd Rpt 1992–93. 2 See appendix F, page 244. 3 LJ (1701–05) 185. 165
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Money bills<br />
8.196 A money bill is a bill endorsed with the signed certificate of the<br />
Speaker of the House of Commons that it is a money bill because in the<br />
Speaker’s opinion it contains only provisions dealing with national, but not<br />
local, taxation, public money or loans or their management. The<br />
certificate of the Speaker is conclusive for all purposes. If a money bill,<br />
which has been passed by the Commons and sent up to the Lords at<br />
least one month before the end of a session, is not passed by the Lords<br />
without amendment within a month after it is sent to them, the bill shall,<br />
unless the Commons direct to the contrary, be presented for Royal<br />
Assent without the consent of the Lords. This does not debar the Lords<br />
from amending such bills provided they are passed within the month, but<br />
the Commons are not obliged to consider the amendments. On a few<br />
occasions minor amendments have been made by the Lords to such bills<br />
and have been accepted by the Commons.<br />
Other public bills<br />
8.197 If the Lords reject any other public bill to which the Acts apply<br />
which has been sent up from the Commons in two successive sessions,<br />
whether of the same <strong>Parliament</strong> or not, then that bill shall, unless the<br />
Commons direct to the contrary, be presented for Royal Assent without<br />
the consent of the Lords. The bill must be sent up to the Lords at least<br />
one calendar month before the end of each session; and one year must<br />
elapse between second reading in the Commons in the first session and<br />
the passing of the bill by the Commons in the second. The Lords are<br />
deemed to have rejected a bill if they do not pass it, either without<br />
amendment or with such amendments only as are acceptable to the<br />
Commons. The effect of the <strong>Parliament</strong> Acts is that the Lords have<br />
power to delay enactment of a public bill until the session after that in<br />
which it was first introduced and until at least 13 months have elapsed<br />
from the date of second reading in the Commons in the first session.<br />
Supply bills<br />
8.198 Supply bills, or bills of aids and supplies, such as Consolidated Fund<br />
Bills and Finance Bills, may be passed or rejected by the Lords but, since<br />
the supply is granted by the House of Commons, the Lords are debarred<br />
from offering any amendment. Consequently the committee stage is<br />
negatived. Proceedings on Consolidated Fund Bills are always taken<br />
164
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