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10.27 If however a scrutiny committee of either House recommends, between the end of the 30-day period and the end of the 40-day period, that the order should not proceed, then it may not proceed unless the House concerned rejects the recommendation, by resolution, in the same Session. 10.28 Again, if (a) a committee recommends against the order and (b) the House rejects the recommendation, the 40-day period is extended by the number of days between (a) and (b). Super-affirmative resolution procedure (section 18) 10.29 During a 60-day period 1 from the date when the draft order was laid, it is exposed for scrutiny, and may be the subject of representations to the minister, a resolution of either House, or a report of a scrutiny committee of either House. The minister must have regard to any such representations, resolution or report. 10.30 At the end of the 60-day period the minister must decide what to do. If the minister decides to proceed with the draft as laid, he must lay before Parliament a statement about any representations made during the 60-day period. If he decides to revise the draft, he must lay before Parliament a revised draft order and a statement about the representations made and the revisions proposed. In each case, the order then proceeds as a normal affirmative order. 10.31 If however a scrutiny committee of either House recommends, between the laying of the statement (or the revised draft and the statement) and the approval of the draft, that the order should not proceed, then it may not proceed unless the House concerned rejects the recommendation, by resolution, in the same Session. Remedial orders 10.32 Under section 10 of the Human Rights Act 1998, if primary legislation is found by a higher United Kingdom court or by the European Court of Human Rights to be incompatible with the European Convention on Human Rights, then “If a minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such 1 Not counting dissolution, prorogation, or adjournment of either House for more than four days. 198
amendments to the legislation as he considers necessary to remove the incompatibility”. Such an order is known as a remedial order, and is subject to special procedures set out in Schedule 2 to the Act. 10.33 For non-urgent orders, the minister must first lay a document containing a draft order and an explanation of why it is being made. Parliament and the public have 60 days (not counting prorogation, dissolution, or any adjournment of both Houses for more than four days) to make representations; “representations” explicitly include “any relevant Parliamentary report or resolution”. The minister may then lay a second draft order. If there have been representations, a summary of them must be laid; and if the second draft order is different from the first, the changes must be explained. After a second 60-day period, the order must be approved by both Houses, and may then be made. 10.34 If the order is declared to be urgent, it may be made before being laid. It is then laid, with an explanatory document. There follow 60 days for representations, counted from the date of making the order. If representations are made, the minister must lay a summary; and, if it is intended to amend the original order, a new order may be made and laid, with an explanation. Both Houses must then approve the original or replacement order within 120 days of the making of the original order; otherwise the orders lapse. 10.35 The Joint Committee on Human Rights is charged to consider remedial orders, and to perform for such orders the functions otherwise carried out by the Joint Committee on Statutory Instruments. Under Standing Order 72, no motion to approve such an order may be moved until the committee’s report has been laid before the House. In the case of a draft order, the committee must report within 60 days of the laying of the draft. In the case of an urgent order, the committee must report within 119 days of the making of the original order. 1 Hybrid instruments 10.36 The House of Lords alone has a procedure for considering hybrid instruments. 1 Procedure 3rd Rpt 1999–2000. 199
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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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concerned can decide whether they c
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78 General principles 6. By virtue
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80 might be the case. Relevant inte
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itself once each Parliament, the Su
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5.14 Paragraphs 8(c) and 8(d) of th
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Registration 5.22 The Guide lists 1
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Use of facilities and services 5.32
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CHAPTER 6 STATEMENTS, QUESTIONS AND
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Publication in Hansard 6.08 Where a
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6.16 In drafting a question, though
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Questions should not ask the govern
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Secretary of State’s questions ar
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The ballot for Secretary of State
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or any other member to ensure that
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Motions General 6.46 In a normal fu
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egularly used for select committee
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6.63 If the number of speakers on t
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Committees on motions 6.77 On rare
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CHAPTER 7 DIVISIONS General princip
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into two streams in each lobby. 1 T
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division list in the Minutes of Pro
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(f) on a motion to insist, or not t
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The debate on the amendment and the
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(c) on all bills of considerable le
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Procedure on introduction: Lords bi
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provisional order confirmation bill
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Constitution Committee 8.35 The Con
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Room. 1 Following first reading, a
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advice when the amendment is called
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amendments to insert a new clause a
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of the House will not have had an o
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Effect of groupings on third readin
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ill without Question put either in
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e resumed. The Lord in the Chair th
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8.102 Any bill may be committed to
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Special public bill committee 8.113
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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
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
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Page 190 and 191: deemed to have been given for the s
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Page 194 and 195: Types of delegated legislation 10.0
Page 196 and 197: 10.10 A motion to approve an affirm
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Page 202 and 203: 10.37 When the Chairman of Committe
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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
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Page 214 and 215: 11.05 Certain committees are reappo
Page 216 and 217: Committee for Privileges and Conduc
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Page 222 and 223: Legislative and Regulatory Reform A
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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
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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
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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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