HOUSE OF LORDS - United Kingdom Parliament

HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament

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laid a copy before Parliament; published it; and allowed a period of 21 sitting days (beginning with the day after that on which the treaty was laid) during which either House may resolve that the Treaty should not be ratified. 10.75 The minister may extend the scrutiny period by up to 21 sitting days by publishing and laying before Parliament a statement to that effect before the original period expires; this can be done more than once. 10.76 If the Lords pass a resolution within the 21 sitting days (or within the extended scrutiny period) that the treaty should not be ratified, the Government can only proceed with ratification after they have laid a statement before Parliament explaining why the minister believes the treaty should nevertheless be ratified. 10.77 These requirements do not apply if the minister is of the opinion that, exceptionally, the treaty should be ratified without their being met. In such a case, either before or as soon as practicable after the treaty has been ratified, it must be published and laid before Parliament by the minister, along with a statement explaining why the treaty is being ratified outside this process. 10.78 In laying a treaty before Parliament, the minister shall accompany the treaty with an explanatory memorandum explaining the provisions of the treaty, the reasons for seeking its ratification, and such other matters as the minister considers appropriate. 10.79 For the purposes of these provisions, a sitting day is a day when both Houses are sitting. 210

CHAPTER 11 SELECT COMMITTEES 11.01 The House may appoint committees to perform functions on its behalf. All committees whose members are appointed (“named of the Committee”) by the House from among its members are select committees. 1 11.02 A select committee is appointed by “orders of appointment” setting out the committee’s remit (“orders of reference”), powers and membership, and naming a time and place for its first meeting. Typically, a committee fulfils its remit by making one or more reports to the House. 11.03 A committee may be appointed to perform a particular task, on completion of which the committee ceases to exist (an “ad hoc select committee”). Alternatively a new committee may be appointed for a specified period, such as the duration or remainder of a Parliament, or to a particular date. A committee may be given continuing existence by being reappointed session by session (a “sessional select committee”); but the continued existence of such committees may be reviewed, particularly at the start of a Parliament. 2 This chapter concludes with a list of the committees currently reappointed session by session, with notes on each. Motions of appointment 11.04 A committee being set up for the first time is usually appointed by means of two motions. The first, moved by the Leader of the House, sets the orders of reference. This gives the House an opportunity to discuss the desirability of setting up the new committee, and authorises the Committee of Selection to select members. A second motion is then moved, by the Chairman of Committees, to complete the orders of appointment. Both motions require notice, and may be debated and amended. 1 The following committees are not select committees: Committees of the whole House, Grand Committees, unopposed private bill committees, and committees to prepare reasons for disagreeing to Commons amendments to bills. The Ecclesiastical Committee and the Intelligence and Security Committee are statutory bodies and not select committees. 2 Liaison 3rd Rpt 2005–06. 211

laid a copy before <strong>Parliament</strong>;<br />

published it; and<br />

allowed a period of 21 sitting days (beginning with the day after<br />

that on which the treaty was laid) during which either House may<br />

resolve that the Treaty should not be ratified.<br />

10.75 The minister may extend the scrutiny period by up to 21 sitting<br />

days by publishing and laying before <strong>Parliament</strong> a statement to that effect<br />

before the original period expires; this can be done more than once.<br />

10.76 If the Lords pass a resolution within the 21 sitting days (or within<br />

the extended scrutiny period) that the treaty should not be ratified, the<br />

Government can only proceed with ratification after they have laid a<br />

statement before <strong>Parliament</strong> explaining why the minister believes the<br />

treaty should nevertheless be ratified.<br />

10.77 These requirements do not apply if the minister is of the opinion<br />

that, exceptionally, the treaty should be ratified without their being met.<br />

In such a case, either before or as soon as practicable after the treaty has<br />

been ratified, it must be published and laid before <strong>Parliament</strong> by the<br />

minister, along with a statement explaining why the treaty is being ratified<br />

outside this process.<br />

10.78 In laying a treaty before <strong>Parliament</strong>, the minister shall accompany<br />

the treaty with an explanatory memorandum explaining the provisions of<br />

the treaty, the reasons for seeking its ratification, and such other matters<br />

as the minister considers appropriate.<br />

10.79 For the purposes of these provisions, a sitting day is a day when<br />

both Houses are sitting.<br />

210

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