HOUSE OF LORDS - United Kingdom Parliament

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

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2.09 A government backbencher also chosen by the Leader then seconds the motion for an Address. It is customary for the speeches of the mover and seconder to be uncontroversial. After the speech of the seconder the Leader of the Opposition moves the adjournment of the debate. On this motion he and the other party leaders congratulate the mover and seconder and comment generally on the Queen’s Speech. After the Leader of the House has responded, the debate on the Address is adjourned. 2.10 Certain formal business is then taken. The Chairman and Principal Deputy Chairman of Committees are nominated on the motion of the Leader of the House. Formal entries in the Minutes of Proceedings record the laying before the House by the Clerk of the Parliaments of a list of members of the House, a list of hereditary peers who wish to stand for election as members of the House of Lords under Standing Order 10 (Hereditary peers: by-elections), and the sessional order for preventing stoppages in the streets. 2.11 The general debate on the Address is resumed on the next sitting day. The principal topics for debate (e.g. foreign affairs, home affairs, economic affairs, agriculture, transport) are taken on different days. Amendments, of which notice must be given, may be moved to the Address at any time in the debate, and are disposed of at the end of the day on which they are debated or at the end of the whole debate. If no amendment has been moved to the Address, the Lord Speaker declares the Question decided “nemine dissentiente”. The House then orders the Address to be presented to Her Majesty. This is usually done by the Lord Chamberlain. Prorogation 2.12 The prorogation of Parliament, which brings a session to an end, is a prerogative act of the Crown. By current practice Parliament is prorogued by Commissioners acting in the Sovereign’s name. 1 2.13 On the day appointed for prorogation, prayers are read and any necessary business is transacted. The procedure followed at prorogation, with or without Royal Assent, is given at appendix G (page 250). Parliament is always prorogued to a definite day. Prorogation for further 1 Parliament was last prorogued by the monarch in person in 1854. 32

1 periods may be effected by proclamation. Parliament, while prorogued, can be summoned by proclamation pursuant to the Meeting of Parliament Acts 1797 and 1870 2 and the Civil Contingencies Act 2004. Dissolution 2.14 No Parliament may continue to sit for more than five years from the day on which, by writ of summons, it was appointed to meet. 3 Parliament is nowadays dissolved by Royal Proclamation under the Great Seal. Effect of termination of session 2.15 Prorogation has the effect of putting an end to all business before the House, except: private bills, personal bills, provisional order confirmation bills and hybrid bills which may be “carried over” from one session to another (including dissolution); 4 proceedings on Measures, statutory instruments and special procedure orders laid in one session, which may be continued in the next, notwithstanding prorogation or dissolution. Prorogation and dissolution are disregarded in calculating “praying time”; 5 Command papers, statutory instruments and Statutory Rules of Northern Ireland (apart from those which may be laid only when the House is sitting) may be laid during prorogation, but not dissolution; certain sessional committees which remain in existence notwithstanding the prorogation of Parliament until the House makes further orders of appointment in the next session (but this 1 Prorogation Act 1867 s. 1, amended by the Statute Law Revision Act 1893. 2 As amended by the Parliament (Elections and Meeting) Act 1943. 3 Septennial Act 1715, as amended by s. 7 of the Parliament Act 1911. A bill containing any provision to extend the maximum duration of Parliament beyond five years is exempted from the restrictions imposed on the powers of the House of Lords by the Parliament Acts 1911 and 1949. 4 The procedure by which this is done provides for the waiving of certain Standing Orders by agreement between the two Houses in order that the bills may be taken pro forma up to the stage that they had reached in the previous session. 5 See paragraph 10.16. 33

1<br />

periods may be effected by proclamation. <strong>Parliament</strong>, while prorogued,<br />

can be summoned by proclamation pursuant to the Meeting of<br />

<strong>Parliament</strong> Acts 1797 and 1870 2 and the Civil Contingencies Act 2004.<br />

Dissolution<br />

2.14 No <strong>Parliament</strong> may continue to sit for more than five years from the<br />

day on which, by writ of summons, it was appointed to meet. 3 <strong>Parliament</strong> is<br />

nowadays dissolved by Royal Proclamation under the Great Seal.<br />

Effect of termination of session<br />

2.15 Prorogation has the effect of putting an end to all business before<br />

the House, except:<br />

private bills, personal bills, provisional order confirmation bills and<br />

hybrid bills which may be “carried over” from one session to<br />

another (including dissolution); 4<br />

proceedings on Measures, statutory instruments and special<br />

procedure orders laid in one session, which may be continued in<br />

the next, notwithstanding prorogation or dissolution. Prorogation<br />

and dissolution are disregarded in calculating “praying time”; 5<br />

Command papers, statutory instruments and Statutory Rules of<br />

Northern Ireland (apart from those which may be laid only when<br />

the House is sitting) may be laid during prorogation, but not<br />

dissolution;<br />

certain sessional committees which remain in existence<br />

notwithstanding the prorogation of <strong>Parliament</strong> until the House<br />

makes further orders of appointment in the next session (but this<br />

1 Prorogation Act 1867 s. 1, amended by the Statute Law Revision Act 1893.<br />

2 As amended by the <strong>Parliament</strong> (Elections and Meeting) Act 1943.<br />

3 Septennial Act 1715, as amended by s. 7 of the <strong>Parliament</strong> Act 1911. A bill containing any<br />

provision to extend the maximum duration of <strong>Parliament</strong> beyond five years is exempted from<br />

the restrictions imposed on the powers of the House of Lords by the <strong>Parliament</strong> Acts 1911<br />

and 1949.<br />

4 The procedure by which this is done provides for the waiving of certain Standing Orders by<br />

agreement between the two Houses in order that the bills may be taken pro forma up to the<br />

stage that they had reached in the previous session.<br />

5 See paragraph 10.16.<br />

33

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