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to any Member to table a free-standing motion for resolution, containing a short, self-contained “reasoned opinion”, as required by the Protocol. 10.66 The Government have made a commitment that they will not support a proposal in the Council of Ministers which has been the subject of a reasoned opinion from either House without first communicating to Parliament their reasons for doing so. “Passerelle” clauses 10.67 A “passerelle” clause is a European treaty provision which allows the Members States of the European Union to decide, by unanimity, to change the way in which decisions are taken within a specified policy area—for instance, to move from a requirement for unanimity to qualified majority voting. 10.68 Under section 6 of the European Union (Amendment) Act 2008, the approval of both Houses is required before the Government may support the use of one of the passerelle clauses. Under the Act, approval is only given if “each House agrees to the motion without amendment”. 10.69 If any Member intends to oppose a Government motion seeking such approval, he should give notice by tabling an amendment in the following form: “Lord [name] to move, as an amendment to the above motion, to leave out ‘approve’ and insert ‘declines to approve’”. No other type of amendment is admissible. Scrutiny of United Kingdom “opt-ins” 10.70 During passage of the European Union (Amendment) Act 2008, the Government gave an undertaking 1 that they would take account of the views of the EU Committees of the two Houses before exercising their right, under the Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, to notify the Council of Ministers of their decision to take part in the adoption and application of proposals within that area. Without the exercise of such an “opt-in” such proposals are not binding upon the United Kingdom. 10.71 The Government’s undertaking applies only if the views of the EU Committee are forthcoming within eight weeks of publication of the proposal. If, within this time-limit, the EU Committee makes a report to 1 9 June 2008. See European Union Committee 2nd Report 2008–09, appendix 1. 208
the House on the proposal, recommending the report for debate, the Government will seek to arrange a debate through the Usual Channels. The debate takes place on a motion, tabled in the name of either the Chairman or a Member of the Committee, that the House agrees the recommendation of the Committee that the Government should or, as the case may be, should not exercise their right to opt in to the proposal. The motion is amendable and may be divided upon. NATIONAL POLICY STATEMENTS 10.72 National policy statements (NPSs) set out national policy on particular types of development. Under Section 9(2) of the Planning Act 2008, each proposal for a NPS must be laid before Parliament. In so doing, the Secretary of State specifies a relevant period for parliamentary scrutiny. If, during this scrutiny period, either House passes a resolution with regard to the proposal, or a committee of either House makes recommendations regarding the proposal, the Secretary of State must lay before Parliament a statement setting out his response to the resolution or recommendations. Following completion of parliamentary scrutiny, the Secretary of State may formally designate the proposal as a NPS. The final NPS is also laid before Parliament. 1 10.73 In the House of Lords, NPSs are normally debated in Grand Committee, for up to four hours. However, this does not restrict the freedom of committees of the House or of individual Members to make use of the statutory procedures outlined above. In the event of a motion for resolution being tabled, the Usual Channels have undertaken to provide time for a debate in the Chamber within the scrutiny period. 2 SCRUTINY OF TREATIES 3 10.74 No treaty 4 may be ratified unless the minister responsible has: 1 Planning Act 2008 s. 9 and s. 5. 2 Procedure 2nd Rpt 2008–09. 3 See Constitutional Reform and Governance Act 2010, ss 20–25. 4 This procedure does not apply to (i) treaties covered by the European Parliamentary Elections Act 2002 and European Union (Amendment) Act 2008; (ii) double taxation conventions and arrangements and international tax enforcement arrangements; and (iii) treaties concluded under authority given by the UK Government by any of the Channel Islands, the Isle of Man or any of the Overseas Territories. 209
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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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the order may be discharged and an
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Commons amendments) in Committee of
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8.139 Only the mover of an amendmen
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Further proceedings after third rea
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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
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
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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
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Page 222 and 223: Legislative and Regulatory Reform A
Page 224 and 225: consider the merits or policy of de
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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
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
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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
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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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