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HOUSE OF LORDS - United Kingdom Parliament

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second reading. 1 Such bills are not committed unless those Orders have<br />

been complied with or dispensed with. 2<br />

Instructions<br />

9.29 Instructions to committees on private bills may be moved at any<br />

time between the second reading and committee stage of the bill, but are<br />

usually put down for the same day as the second reading. The Chairman<br />

of Committees should be informed before an instruction is tabled. 3<br />

9.30 Permissive instructions enable the committee to do what it could<br />

not do without such an instruction. However, any enlargement of the<br />

scope of a bill should be effected by a petition for additional provision<br />

rather than such an instruction. Mandatory instructions compel the<br />

committee to do something which it already has discretion to do.<br />

However, the House has been reluctant to agree to any instruction which<br />

will restrict the decisions of the committee.<br />

9.31 The most usual type of instruction on a private bill is of a<br />

cautionary nature. For example, the committee is sometimes instructed<br />

to have regard to certain matters or to ensure that various objections<br />

have been considered. An instruction of this nature is often accepted by<br />

the House, as it ensures that the committee considers matters which<br />

might not be raised by the parties appearing before it or in a<br />

departmental report.<br />

9.32 To assist them in carrying out an instruction, committees have on<br />

occasion been given power by the House to hear evidence other than<br />

that tendered by the parties entitled to be heard. This expedient,<br />

however, is open to criticism: it may enable a person to oppose a bill<br />

without having petitioned against it, and there is no fund out of which the<br />

fees of any expert witness may be paid.<br />

9.33 Instructions have occasionally been given to an unopposed bill<br />

committee.<br />

9.34 It is customary for the committee to make a special report to the<br />

House upon matters referred to in an instruction.<br />

1 PBSOs 62–68.<br />

2 PBSO 100.<br />

3 PBSO 93.<br />

178

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