Erskine May'sTreatise onThe Law, Privileges, Proceedingsand Usage of ParliamentTwenty-second Edition

Editors

Sir Donald Limon, KCBClerk of the House of Commons

W R McKay, CBClerk Assistant, House of Commons

Assistant Editors

House of Commons

G CubiePrincipal Clerk, Table Office

R J WilloughbyRegistrar of Members' Interests

W A ProctorClerk of Standing Committees and Clerk of Private Bills

HEIrwinSecond Clerk of Select Committees

House of Lords

E C OllardClerk of Public Bills

ButterworthsLondon1997

CONTENTS

Preface viiTable of Abbreviations xlvi

PART I CONSTITUTION, POWERS AND PRIVILEGES OFPARLIAMENT

Introduction 3

Chapter 1 The constituent parts of Parliament

Introductory 9The Sovereign 10The House of Lords 12

Lords Spiritual 12Lords Temporal 12Disclaimer of peerage 13Peers of Ireland 14Expenses of Members of the House of Lords 14

The House of Commons 15Representation in the House of Commons 15Financial status of the House of Commons 18Payment of Members 18Increase in payment of Members 19Salaries of Members who are Officers of the House, Ministers of the

Crown, Leader of the Opposition, Opposition Whips 20Travelling expenses of Members 22Members' Fund 23Parliamentary Contributory Pension Fund 24

History of Parliament Trust 25

Chapter 2 Elections

The Electorate 26Disqualification of electors 27Constituencies 27Registration of electors 28Registration officers 29Postal and proxy voting 29The holding of elections 29Election campaigns 30

xi

xii Contents

New writs 31Vacancies during a session 31Period for presenting petitions 31Vacancy by peerage 31Supersedeas to writs 32Issue warrants by the Speaker during adjournment or recess 32Appointment of Members to issue writs 33Manner of issue of writs 33

Return of writs 34Correction of error in return 34Failure to make return to writ 34Members returned for two places 34Equality of votes cast 35

Trial of controverted elections 35Procedure under the Representation of the People Act 1983 35Proceedings of the House in matters of election 36Proceedings of House upon determination of election trials 36Corrupt practices 37

Chapter 3 Disqualification for membership of either House

Disqualification for membership of the House of Lords 38Aliens 38Persons under twenty-one 38Bankruptcy 38Treason 39Mental Health Act 1983 39Disqualification by sentence of the House 39

Disqualification for membership of the House of Commons 40Aliens 40Persons under twenty-one 40Mental illness 40Peers 41Bankruptcy 41Treason 42Other crimes 42Corrupt practices at elections 42Clergy 43Returning officers 44Petitioning candidates 44

Disqualification of certain office-holders 44Non-political office 44

Public service disqualification 45Disqualification by particular office 46Chiltern Hundreds and Manor of Northstead 47Effect and disregard of disqualification 48Jurisdiction of the Privy Council in disqualification 49Penalties 49Amendment of House of Commons Disqualification Act 1975 50

Political office 50

Contents xiii

Chapter 4 Power and jurisdiction of Parliament

Extent of legislative authority of Parliament 52Commonwealth legislation 53The European Communities Act 1972 54

Extent of the Prerogative of the Crown in reference to Parliament 55Annual meeting of Parliament 55Summons 55Demise of the Crown 56Causes of summons 56Prorogation 56Effect of a prorogation 57Meeting of Parliament accelerated or deferred by proclamation 57Meeting of Parliament accelerated pursuant to statute 57Meeting for despatch of business 57Adjournment 58Dissolution 58

Rights and functions of the House of Lords 59House of Lords as a Court of Judicature 60

Principal power of the Commons 63Ministerial accountability to Parliament 63Power to summon witnesses 64

Chapter 5 The privilege of Parliament

What constitutes privilege 65Lords: Privileges of Parliament and of peerage 67Historical development of privilege 68

Freedom of speech 69Freedom from arrest 72Freedom of access 78Favourable construction 78Privilege with respect to the constitution of the House 79Penal jurisdiction 80

Modern application of privilege law 81

Chapter 6 Privilege of freedom of speech

Freedom of speech in debate 83Publication of debates or proceedings 84

Commons 85Lords 85

Publication outside Parliament of proceedings and debates inParliament 86

Exclusive cognisance of proceedings 88Article IX of the Bill of Rights 93

'Impeached' and 'questioned' 93'Proceedings in Parliament' 95Implied amendment, etc 97

Proceedings, precincts and criminal acts 98

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Chapter 7 Privilege of freedom from arrest

Criminal law and statutory detention 100House to be informed of arrests 100House to be informed of sentences for criminal offences 101Statutory detention 102

Contempt of court 102Bankruptcy 104Detention under the Mental Health Act 104Privileges related to freedom from arrest 105

Admissibility of Members as bail 105Members summoned as witnesses 105Exemption from jury service 106

Duration of the privilege of freedom from arrest 106House of Lords 106House of Commons 107

Privilege extending beyond members 107

Chapter 8 Contempts

Misconduct in presence of either House or a committee 108Strangers 108Witnesses 109

Disobedience to rules or orders of either House or of a Committee 110General and particular rules 110Orders of committees 110

Petitions and other documents 111Misconduct of Members or Officers 111

Members deliberately misleading the House 111Corruption or impropriety 112Professional services connected with proceedings 115Advocacy by Members of matters in which they have been concerned

professionally 116Other misconduct by Members 116Misconduct by officers 116

Constructive contempts 117Reflections on either House 117Publication of false or perverted reports of debates 117Premature publication or disclosure of committee proceedings 118Other indignities offered to either House 120

Obstructing Members of either House in the discharge of their duty 121Arrest 121Molestation, reflections and intimidation 121Improper influence 124Misrepresenting Members 125

Obstructing officers of either House 125Obstruction or molestation 125Legal proceedings against officers, etc 126

Obstructing witnesses and others 126Arrest 126

Contents xv

Molestation of or interference with witnesses 126Tampering with witnesses 127Legal proceedings against witnesses 128

Protection of petitioners and others with business before Parliament orwith Members 128

Constituents and others in communication with Members 129

Chapter 9 Penal jurisdiction of both Houses

Committal 131Warrants of committal 133Protection of officers in executing warrants 134Warrants of committal and the courts 135Committal without warrant 136Period of committal and discharge 137

Punishment of strangers other than by committal 138Fines 138Reprimand or admonition 138Prosecution of offenders 139

Punishment of Members 139Reprimand or admonition 140Suspension 140Expulsion 141

Power of both Houses to secure attendance of persons on matters ofprivilege 142

Power to send for persons in custody 142

Chapter 10 Complaints of breach of privilege or contempt

Raising a complaint 144Hearing of counsel 145Consideration of reports of committees on complaints 146Proceedings against Members 148Complaints against Members or officers of the other House 149Complaints reported by committees 149Complaints by officers of either House 150Disclosure following secret session 151

Chapter 11 The courts and parliamentary privilege

The opposing views 153First phase of the conflict 155The second phase: the nineteenth century 160Early and mid-twentieth century 164Later twentieth century cases 165

xvi Contents

PART II PROCEEDINGS IN PARLIAMENT: PUBLIC BUSINESS

Chapter 12 Precincts and organization of Parliament

Palace of Westminster 175General arrangements 175Chambers of the two Houses 176Places of Members 178

Lords 178Commons 178

Attendance of Members 179Leave of absence 179

Lords 179Commons 180

Access to the Houses of Parliament 180Admission of strangers 180

Lords 180Commons 181

Officers of the two Houses 184Officers of the Lords 184

The Lord Chancellor 184Deputy Speakers 184Chairman and Principal Deputy Chairman of Committees 185Deputy Chairmen of Committees 185Permanent officers of the Lords 185Clerk of the Crown in Chancery: Lords and Commons 186The Gentleman Usher of the Black Rod and Serjeant-at-Arms 187

Officers of the Commons 188The Speaker of the House of Commons 188The Speaker as representative of the House of Commons 188The Speaker as presiding officer of the House of Commons 189The Speaker's administrative duties 192Resignation of Speaker 193Deputy Speaker in the Commons (Standing Orders Nos 2 and 3) 194The Chairman of Ways and Means 195Deputy Chairman of Ways and Means 196Temporary chairmen 197Principal Permanent Officers of the Commons 197

Internal administration 200In the House of Lords 201

Offices under the Clerk of Parliaments 201In the House of Commons 202

The House of Commons Commission 202Departments in the House of Commons 204

Shorthand writer: Lords and Commons 208Other statutory officers etc 209

The Comptroller and Auditor General 209The Public Accounts Commission 209The Parliamentary Commissioner for Administration 210

Party Machinery in Parliament 210

Contents xvii

Changes in procedure effected by party system 210The Official Opposition 211Leader of the House of Commons 212Constitution and financing of party machinery 213Duties of Whips 213Party Machinery in the Lords 214Financial assistance to opposition parties 214

Parliamentary papers and publications 215Papers dealing with daily business of the two Houses 215

House of Lords 215House of Commons 216The Official Reports of Debates in the Lords and Commons 220

Papers presented to Parliament 223Command Papers 223Act Papers 223Returns 224Presentation of papers 225

Copyright 227Printing and Distribution of Papers 227

Broadcasting of Parliamentary Proceedings 229Editorial control 230Retention of records 230

Chapter 13 A new Parb'ament and opening and close of session

Parliamentary and sessional periods 231Summons of Parliament 231Prorogation and adjournment 232Alteration of the opening of Parliament after prorogation 234

Meeting of a new Parliament 236Certificate of return 236Black Rod attends the Commons 236Commons attend in the House of Lords 237Proceedings in the Lords—Oaths 237Election of a Speaker by the Commons 237Oath in the Commons 241

Opening of new session 243Opening by Queen in person 244Opening by Commission 244Report of Queen's Speech 245Business taken before consideration of Queen's Speech 245Address in reply to Queen's Speech 246

Chapter 14 A Sitting: general arrangements in the House of Commons

Days and hours of sitting 248Extraordinary sittings and adjournments 248

Prolongation of sitting till Sunday morning 249Attendance of Parliament at Divine service 249Attendance of Parliament at certain Royal ceremonies 249

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Extraordinary adjournments 250Hours of meeting 250

Broken sittings 250Abnormally long sittings 251

Rules for closing the sitting 251When business is not exempted from the ten o'clock rule 251

Interruption of business 251Transaction of business after moment of interruption 252Formal motions after interruption of business 253Business not disposed of before the termination of a sitting 253

When business is exempted from the ten o'clock rule 254Business exempted under various Standing Orders 254Proceedings under Acts of Parliament 255Exemption of specified business by order of the House 255

Suspension of a sitting 256Disposal of questions pending at moment of interruption 258Adjournment on question 259Adjournment of the House, without question put 259

On Friday (Standing Order No 11) 259On Saturday and Sunday 259

Cases of grave disorder 259Adjournment beyond the next day of sitting 260

Quorum of the House 260Interruptions of business 261Proceedings in secret session 262Appearance of Witnesses before the Commons 263

Mode of summoning attendance 263Examination of witnesses at the Bar of the House of Commons 263

Chapter 15 The control and distribution of time in the House of CommonsIntroduction 265Time available to the House in a session 265

The length of a session 265Times of sitting 266

Times at which the House normally sits 266Arrangement of sittings 267

Division of sittings between public and other business 267Time available for business other than public business 267

Main varieties of public business 269Control of time in the House 269

Basis and nature of the Government's control 269The allocation of time to Opposition and private Members' business 270

Private Members' time 270Order of precedence of private Members' bills 270

Opposition time 271Business taken in government time 271

The government programme 271Address in reply to the Queen's Speech 272Government bills 272

Contents xix

Financial business 272Delegated legislation, etc, and European Community documents 273

Other government business 275Government motions 275Substantive motions for the adjournment 275

Adjournment motions under Standing Order No 24 278Private Members' business taken in government time 278

Matters of privilege 279Motions under Standing Order No 23 (The Ten Minute Rule) 279Committee of Selection 279Church of England Measures 280Miscellaneous private Members' business taken in Government

time 280Censure motions 280

Time spent on the main varieties of public business 281Use of time on floor of the House 281

Chapter 16 Outline of items of business in programme of sitting of theHouse of Commons

Difference in order of business between Wednesdays, Fridays and otherdays 283

Order of business 284Prayers 285Business taken immediately after Prayers (or at 2.30 pm on

Wednesdays) 286Report of Queen's answers to Addresses 286Formal communications by the Speaker 286Motions for new writs 286Private business 287Motions for unopposed returns 290

Questions 291Questions for oral answer and answers to oral and written

questions 291Time for asking questions 291Notice of questions 292Questions for oral answer 292Questions for written answer 293Withdrawal of questions 293Deferral of questions etc 294Speaker's control of questions 294Limitation of number of oral questions 294Persons to whom questions may be addressed 295Rules of order regarding form and contents of questions 296Manner of asking questions 303Printed answers 304Oral answers and supplementary questions 305

Private notice questions 306Business taken after questions 306

Ministerial statements 306

xx Contents

Introduction of new Members 308Proposals to move the adjournment of the House under Standing

Order No 24 309Ceremonial speeches 311Personal statements 312Matters relating to privilege 313

Business taken 'at the commencement of public business' 314Presentation of public bills under Standing Order No 57 314Government motions relating to committees 315Government motions regulating the business and sittings of the

House 315Motions for leave to bring in bills or for nomination of select

committees under Standing Order No 23 316Privilege motions admitting of notice 317Orders of the day and notices of motions 318

Reading of orders of the day 318Procedure upon orders of the day 319Deferment of orders and motions 319Orders of the day not to be brought forward to an earlier date 320Orders of the day not reached before the adjournment of the

House 320Discharge of orders of the day 320Procedure on notices of motions 321Unexpected ending of business and dropped orders 321Superseded orders 322Renewal of notices of motions 322Transaction of business as a matter of course 322

Business motions under Standing Order No 15(2) 322Business exempted under Standing Orders Nos 15(1) and 16 (Proceedings

under an Act or on European Community Documents) 323Presentation of public petitions 323Adjournment motions under Standing Orders Nos 9(7) and 10 324

Rules on daily adjournment motions under Standing Order No9(7) 324

Rules on Wednesday morning adjournment debates under StandingOrder No 10 326

General restrictions on motions for the adjournment of theHouse 326

Chapter 17 The process of debate in the House of Commons by motion,question and decision

Motions 328Substantive and subsidiary motions 328Rules regulating notice of motions 329

Manner of giving notice 329Period of notice 330Change of day for a motion 330Motions made without notice 330Waiver of the requirement for notice 331

Contents xxi

Change of terms of notice of motion 332Withdrawal of notice 332

Rules governing the form and subject matter of motions 332Matters which may be raised only on a substantive motion 332Matters awaiting judicial decision 333Matters already decided during the same session 333The rule of anticipation 334Length of motions 335Manner of dealing with irregular notices of motions 335Alterations in the terms of question from terms of motion 337

Moving of motions 337Proposal of motions 337Motions debated together 338Seconding of motions 338

Questions 338Proposal of question upon a motion 338Withdrawal of motions 339Superseding the question 339

Use of motion for adjournment of House or of debate 339Restrictions on motions for adjournment of House or of debate 340Use of the previous question 341

Complicated questions 342Conclusion of debate 343

Amendments 343Object of an amendment and effect on debate 343

Amendments superseding a question 343Amendments modifying a question 344

Selection of amendments 344Notice of amendments to motions 344Order in moving amendments 344Questions proposed on amendments 345

Rejection both of amendment and original question 345Rules with respect to form and content of amendments 346

Amendments to be relevant 346Amendments to be intelligible 346Other restrictions on contents of amendments 346Amendment to words added to, or inserted in, question, out of

order 347Certain stock forms of questions not amendable 347

Order of amendments 347Order in which amendments are considered 347Special arrangements on taking amendments 348

Amendments to proposed amendments 349Decisions and divisions 349

Putting a question at close of debate 349Voice and vote 349

Procedure on a division 350Declaration of numbers 351Divisions unnecessarily claimed 352Irregularities discovered at the time of a division 352Errors discovered after a division 355

xxii Contents

Casting vote of Speaker 357Principles on which Speaker gives casting vote 358Mr Speaker Addington's decision of 1796 358Mr Speaker Denison's decision of 1867 359Mr Speaker Denison's decision of 1860 360

Casting vote of Chairman in Committee of whole House 360Votes on matters affected by personal pecuniary interest 361

Objections overruled by the Chair 361Personal interest in votes on questions of public policy 362Personal interest in votes on private bills 363Procedural Motions: no interest involved 363Time and manner for making motions to disallow votes 364Personal interest in votes in private bill committees 364Personal interest other than pecuniary 365

Orders and resolutions 365Orders and resolutions agreed to nemine contradieente 365

Reversal of decisions by discharge, repeal, annulment and rescission 366Discharge of an order 366

Addresses to the Crown 366Repeal of a Standing Order 366Proceedings null and void 367Rescission of resolutions 368

Restrictions on power of rescission 368Notice necessary to rescind a resolution 369Modification of resolution 369

Reversal of decision 370

Chapter 18 Maintenance of order during debate in the House of Commons

Rules governing the manner and time of speaking 371Manner of speaking 371

Reading speeches 372Place of speaking 372Time of speaking 373Precedence in speaking 373Precedence on resuming an adjourned debate 374

Restriction of speeches 375Members to speak only once to a question 375Relaxation of rule on consideration of bill reported from a standing

committee 375Right of reply 376Power to speak again when new question is proposed 376Interventions 377Speech on point of order 377

Length of speeches 378Rules governing the contents of speeches 378

Relevance in debate 378Debate on dilatory motions 379Motions for adjournment of the House 380Reference to proceedings in standing and select committees 380

Contents xxiii

Reflecting upon votes of House 380References to debates in House of Lords 380References to Queen in debate 381

Disloyal or disrespectful reference to Queen 381Use of Queen's name to influence debate 382

Words against Parliament, or either House 382Against a statute 382

Matters awaiting judicial decision 383Discussion of a capital sentence 384

Reflections on Sovereign, etc 384Personal allusions and unparliamentary expressions 386

Allegations against Members 386Citing documents not before House 387

Law officers' opinions 389Responsibility for the laying of documents 389

Display of articles to illustrate speeches 389Reference to strangers 390

Rules of behaviour for Members not speaking 390Members to keep their places 390

Crossing before Members speaking 390Reading of books, etc 390Silence 391

Hissing or clapping, etc 391Cries of 'hear, hear', etc 391Cry of 'shame' 392

Members' dress 392Smoking and refreshments 392

Powers of the chair to enforce order 392Disciplinary powers under standing order 393

Irrelevance or tedious repetition 393Minor breaches of order 394The use of disorderly or unparliamentary expressions 394Grossly disorderly conduct 394Grave disorder 395Obstruction of the business of the House otherwise than by disorderly

conduct or persistence in irrelevance or tedious repetition 395Members suspended other than by Standing Order procedure 396

Right of Members to direct the attention of the Chair to supposedbreaches of order 396

Procedure when the Speaker rises 397Proceedings on the naming of a Member 397

Suspension, withdrawal and exclusion from precincts 399Misbehaviour in the lobbies 399

Chapter 19 Methods of curtailing debate

Standing Orders and occasional orders 401Questions put forthwith 401

Referral to committees 401Business of the House 402

xxiv Contents

Financial procedure 403Other 403

Time limits 403Elapse of period 403Time of day 404Elapse of period of time 404

Brief debate 404Discretion of Chair 405Orders for particular occasions 405

Selection of amendments 405Closure of debate 406

The ordinary closure 407When closure is movable 407Closure on contingent questions 408Closure at moment of interruption 408Closure claimed on contingent questions at or after moment of

interruption 409Closure on moving of motion or amendment 409Previous question 410

Allocation of time orders (Guillotines) 410Procedure for allocation of time orders 410Business committee 411Usual provisions made under allocation of time orders 411

Stages of bills 411Definition of allotted day 412Application of ten o'clock rule 413Adjournment motions 413Opposed private business 414'Ten minute rule' bills 414Dilatory motions etc 414Machinery for bringing proceedings to a conclusion 415Provision for subsequent supplemental orders 415Savings 415Other powers conferred by orders 416

Orders in case of bills rejected by Lords 417Arrangements alternative to allocation of time orders 418Use of allocation of time orders 418

Chapter 20 Rules governing the conduct of Members and the disclosure offinancial interests in the House of Commons

The Code of Conduct 420Disclosure and registration of personal pecuniary interest 420Declaration of interest in debate 421Declaration in other proceedings of the House 421Declaration in Select Committees 422Divisions 423Other declarations 423Register of Members' interests 423Employment agreements 425

Contents xxv

The advocacy rule 425Delegations 427Procedure for complaints 427Other registers 428

Chapter 21 Organization and conduct of business in the House of Lords

Arrangement of business 429Arrangement of the session 429Days and times of sitting 429

Public business 429Judicial business 429

Quorum 430Notice of business 430Arrangement of the Order Paper 431

Tabling of motions and questions 431Anticipation 432Wording of questions and motions 432

Nationalized and privatized industries 433Executive agencies 433

Order of business 433Variation of order of business 434

Proceedings in the House 435Prayers 435Introductions 435

Form of ceremony 435Oath of Allegiance 436Messages from the Crown 437Royal Assent 437Tributes 437Personal statements 437Starred questions 438Private notice questions 438Ministerial statements 439Private bills 440Business of the House motions 440Public bills, measures, affirmative instruments and select committee

reports 440Other motions 440

Motions for papers 440Motions for resolutions 441Motions 'To take note' 441

Wednesday debates 441Short debates 441Other Wednesday debates 442

Unstarred questions 442Leave of the House 443Adjournment 443

Process of debate 444Moving of motions 444

xxviii Contents

Bills brought from the Lords 497Examination of a bill before printing 497Printing of a bill before second reading 502Alterations in a bill 502Bills withdrawn and other bills presented 502Withdrawal of bills 502

Second reading 503Second reading moved 503Amendments to question for second (or third) reading 504Questions on amendments proposed on second (or third) reading 506Bills dropped 506Deferment of private Members' bills after the interruption of

business 506Proceedings on bill null and void 507No debate on second (or third) reading of Consolidation Bills 507

Alternatives to second reading debate in the House 507Bills referred to a second reading committee 507Bills referred to the Welsh Grand Committee 509Scottish bills referred or committed on order for second reading 509Bills referred to the Northern Ireland Grand Committee 510Second reading and remaining stages of Consolidated Fund and

Appropriation Bills 510Committal 510

Exceptions to general practice 510Bills withdrawn after committal 512Distribution of bills committed to standing committees 512Transfer of bill from standing committee to Committee of the whole

House or select committee, and vice versa 513Financial resolutions 514Instructions to committees on bills 514

Admissible instructions 515Inadmissible instructions 517Application of instruction to recommitted bill 518Procedure relating to instructions 518

Procedure in committees on bills 519Proceedings on going into Committee of the whole House 519Functions of a committee on a bill 519Order in which bill is considered 520Division of clauses 521Transfer of clauses 521Postponement of consideration of clauses 521Notice of amendments in committee 522Amendments of which notice has been given 523Amendments of which no notice has been given 524Withdrawal of amendments 524Order in which amendments are taken 524Admissible amendments 525Inadmissible amendments 525Amendments to particular types of bill 527Amendment to leave out subsection of a clause 529Amendment ruled out of order after debate begun 529

Contents xxix

Proceedings upon italicized words and privilege amendments 530Question for clause standing part of a bill 530New clauses 531Schedules and new Schedules 532Consolidation of bills 532Division of bills 532Preamble 533Title 533When committee makes no report 534Proceedings of committee not known until reported 534

Report of bill 534Close of committee proceedings and report of bill 534Proceedings on report 535Reprinting of bills 536

Consideration of bills on report 537Order for consideration read 537Order in which bill is considered 538Rules regarding amendments 538Amendments to the bill 539New Schedules and Schedules 539Amendment of title 539Irregularities in committee noticed on report 540Conclusion of consideration stage 540Consideration stage taken in standing committee 540

Re-committal of bill 540Procedure under Standing Order No 74 542Partial re-committal 542Further re-committal 543Report of re-committed bill 543

Third reading 543Debate in Grand Committees in lieu of third reading debate 543Debate on third reading 544Amendments on third reading 544Bill passed 544Bill not to be altered otherwise than by amendment 544Communication between the two Houses 545

Consideration of Lords Amendments 545Time for considering Lords Amendments 546Proceedings on consideration of Lords Amendments 546Bills originating in the Lords 553

Proceedings on hybrid bills 554Reference to Examiners of Petitions for Private Bills 555Hybrid bills originating in House of Lords 557Committal of hybrid bills 557Petitions against hybrid bills 558

Other matters relating to the passing of public bills 560Practice with regard to bills rejected 560

Bills rejected, etc, not to be introduced in same session 560Application of principle 561Proceedings in Lords with regard to bill laid aside by Commons 561Prorogation to revive bills 560

xxx Contents

Proposals for suspending or resuming bills 562Endorsement of bills 563Royal Assent 563

Proceedings on Royal Assent 564Bills passed with unusual expedition 566

In the House of Lords 566In the House of Commons 567

Procedure under the Parliament Acts 1911 and 1949 569Bills other than money bills 569

Subsidiary points in connection with legislative procedure 571Printing and promulgation of statutes 571Commencement of Act 571Informalities in bills 572

Chapter 23 Delegated legislation

Statutory instruments etc 575Stautory Instruments Reference Committee 577Sub-delegation 577

Parliamentary control and scrutiny 578Laying before Parliament 579The affirmative procedure 582The negative procedure 583Time limits 584Proceedings on delegated legislation in the House of Commons 585Practice of the House of Lords on delegated legislation 587Methods of opposing delegated legislation 589Other motions relating to statutory instruments 590Scrutiny Committees 591Deregulation orders 593

Delegated legislation affecting Northern Ireland 595Delegation in Church of England matters 596

Measures 596Ecclesiastical Committee 597Proceedings in both Houses 598Sub-delegation 599

Chapter 24 Formal communications between Crown and Parliament andbetween Lords and Commons

Communications between Crown and Parliament 600The Queen's presence in Parliament 600

Communications from the Crown to Parliament 601Communications by messages under the sign manual 601Other forms of communication 601Acknowledgement of messages from the Crown 605

Communications to the Crown originating in Parliament 606Addresses to the Crown 606Mode of presentation of Addresses 608

Contents xxxi

Answers to Addresses 609Communications with the royal family 609

Communications between the Lords and the Commons 610Messages 610

Chapter 25 Committees in the House of Lords

Committees of the whole House 612Select committees 612

General matters concerning select committees 612Sessional committees 612Appointment of select committees 613Orders of reference 613Membership of select committees 614Powers of select committees 616

Proceedings in select committees 617Quorum 617Admission of strangers 618Divisions 618Evidence 618Specialist advisers and expert assistance 619Reports of select committees 619Debates on reports 622

Particular functions of select committees 623Principles underlying select committee activity 623Legislative committees 624Investigative committees 625Domestic committees 625

Chapter 26 Select committees in the House of Commons

General characteristics of select committees 627Appointment and nomination 628

Procedures for appointment 628Nomination of members 629Lists of Members serving on select committees 631Addition of Members to, and discharge of members from, select

committees 632Discharge of orders for the appointment of select committees 632

Scope of deliberations or inquiries 633Orders of reference 633Instructions 633Reference of papers to select committees 635

Proceedings in select committees 635Declaration of interests 636Time of first meeting 636Chairman of a select committee 637Quorum 639Divisions in select committees 640

xxxii Contents

Rescission of resolutions of select committees 640Matters sub judice 640Minutes of proceedings 641

Sittings of select committees 641Sittings and adjournment of select committees 641Admission of strangers 644

Witnesses and evidence 646Sending for persons, papers and records 646Attendance of Members 648Attendance of Members of the other House 648Attendance by officers 649Evidence from civil servants 649Papers and records 649Examination of witnesses before select committees 650Hearing of parties before select committees 652Conduct of witnesses before select committees 653Administration of oaths by Commons' committees 654Protection of witnesses 654Witnesses from overseas 655Expenses of witnesses 655Minutes of evidence 656Publication of evidence taken before select committees before it is

reported to the House 658Documents presented to select committees 658

Sub-committees 659Nomination of non-members of committee 661

Specialist advice and assistance 662Reports of select committees 663

Power of committees to report their opinion 663Consideration of resolutions recommending public expenditure 663Preparation of draft report 663Consideration of draft report 664Consideration of draft resolutions 665Consideration of reports from sub-committees 665Minority reports 666Procedure where a committee is unable to agree upon a report 666Presentation of more than one report 667Presentation of reports to the House 667Special reports 668Unfinished inquiries 669Publication of reports of committees 670Government replies to reports 671

Select committees regularly appointed 672Select committees related to Government departments 672Committees which examine reports of independent statutory

officers 676Internal committees 678Scrutiny committees 681Domestic committees 683

Consideration of reports of select committees 684Select committee returns 685

Contents xxxiii

Select committees on public bills 686Inability of select committees to decide against bills 687Reference of bills as documents to select committees 687

Chapter 27 Committees in the House of Commons: Committees of thewhole House and Standing Committees

General characteristics of committees which proceed by debate 688Committees of the whole House 689

Appointment 689Chairmen of Committees of the whole House 689Procedure in Committee of the whole House 691Dilatory motions in Committee of the whole House 691Other interruptions of proceedings 692

Standing committees 692General 692

Membership of standing committees 693Standing committees on bills 696

Allocation of bills 696Sittings of standing committees 697Procedure in standing committees on bills 701Allocation of time orders 709Second reading committees 710Special standing committees 710Standing committees for consideration of bills on report 710

Other standing committees 711Standing committees on delegated legislation 711European Standing Committees 713

Grand committees 715Scottish Grand Committee 715Welsh Grand Committee 718Northern Ireland Grand Committee 719Regional Affairs Committee 721

Records of proceedings of standing committees 722Minutes of proceedings 722Official reports of debates 723

Chapter 28 Joint Committees of Lords and Commons

Appointment 724Nomination of members of joint committees 725Powers of joint committees 726Sittings and procedure of joint committees 727Report of a joint committee 728Joint committees regularly appointed 729Communications between committees of both Houses 731

xxxiv Contents

Chapter 29 Financial procedure—general

General plan of chapters on finance 732Financial relations between the Crown and Parliament 732Scope of financial procedure 733

Charges upon the public revenue or upon public funds 733Charges upon the people 733Limitation of scope of financial procedure as regards local government

finance 733General rules of financial procedure of the Commons 734

Rule 1. Legislative authorization and appropriation of charges 734Rule 2. Preliminary consideration of resolutions 737Rule 3. The financial initiative of the Crown 737Intervals between stages of financial legislation 738Enforcement of rules of financial procedure 739Relaxation of financial rules in urgent cases 740

Application to amendments of rules regulating financial procedure 740The royal recommendation fixes the upper limits of a charge 740

Chapter 30 Public expenditure and Supply

Introduction 741Long-term expenditure plans 741

The Supply Estimates 743Different kinds of Estimates 743Ordinary Annual Estimates (Main Estimates) 743

Presentation and publication of Estimates 744Form of the Estimates 744The contents of the Estimates 745Sub-division of votes 746Appropriations in aid 748Token Votes and subheads 748Revised Estimates 749Votes A 749

Votes on Account 749Votes on Account before a dissolution 750

Supplementary Estimates 750Substantive Supplementary Estimates 750Token Supplementary Estimates 751

Excess Votes 751Procedure on Excess Votes 751

Other forms of authorizing expenditure 752Votes of Credit 752Exceptional grants 753Contingencies Fund 753

The voting of estimates 754Estimates days 754

Procedure under Standing Orders Nos 54 and 55 754Timing of Estimates days 754Choice of Estimates for debate and vote 755Form of resolutions 755

Contents xxxv

Form of amendments 756Relevance in debate 756Voting on individual Estimates 756

Voting the remaining Estimates 757Bills authorizing grants of Supply 758

Consolidated Fund Bills 758The Appropriation Act 759Appropriation to be completed each session 759The Appropriation Accounts 760The annual cycle of Supply and appropriation 760Proceedings on Consolidated Fund and Appropriation Bills 760

Chapter 31 Expenditure: Money resolutions

Introduction 762Matters requiring a Money resolution and Crown recommendation 762

The expenditure involved must be new and distinct 763The expenditure must be payable out of the Consolidated Fund or

National Loans Fund 764New or additional charges upon local authority revenues 765Expenditure charged to the National Insurance Fund 766Remission or compounding of debts due to Crown 766Increase of expenditure by extension of time 767Increase of expenditure by extension of purpose, etc 767Increase of amount of expenditure 767Variation of appropriation and diversion of revenue 768

Matters involving Money but not requiring a Money resolution and Crownrecommendation 768

Provisions involving the reduction of expenditure 768Exemption from penalties due to Crown 768Motions expressed as an opinion 768

Procedure on Money resolutions 769Signification of Queen's recommendation 769Proceedings on Money resolutions 770

Procedure on bills sanctioning expenditure 771Presentation under Standing Order No 50 771Interpretation of 'main object' in relation to a bill 772Italicized provisions 773Amendments in committee (or on report) 773Restrictive effect of terms of Money resolution 774

Other forms of proceeding for the initiation of expenditure 774Standing Orders 774Business of the House motions 775Public petitions 775

Chapter 32 Ways and Means and Finance Bills

The scope of Ways and Means 776Matters requiring authorization by Ways and Means resolution 777

xxxvi Contents

Taxation 777Repeal or reduction of alleviations of taxation 778Delegation of taxing powers within the United Kingdom 779Fees, levies and other payments imposed by legislation 779Grant of borrowing powers 780Payments into the Consolidated Fund or the National Loans Fund

780Matters, akin to charges upon the people, not initiated by Ways and

Means resolutions 781Local receipts and taxes 781Alleviation of taxation 781Levies upon an industry for its own purposes 781Fees imposed for services rendered by departments 782National Insurance contributions 782Provisions authorized by existing law 783

Charges not effective till applied by subsequent legislation 783Procedure on Ways and Means resolutions and bills (general) 784

Notice 784Scope of debate and amendment 784Inclusion of several duties in one resolution 785Bills founded on Ways and Means resolutions 785Debate and amendment of bills founded upon resolutions 786Royal Assent 787Bills with subsidiary Ways and Means provisions 787

The Budget and the Finance Bill 788Special procedure on Budget resolutions 789Provisional collection of taxes 789The Amendment of the Law resolution 791Scope of Finance Bills 791Finance Bill: committee stage 793Amendments in committee and on report 793Rules forbidding the increase of charges 794Charge in bill less than that authorized by resolution 794Provisions reducing existing charges 794Third reading 795

Chapter 33 The role of the House of Lords in financial procedure

The financial functions of the Lords 796Concurrence in Supply and taxation 796Insistence by the Lords on the financial powers reserved to them 796Messages from the Crown for pecuniary aid 796Consideration of public expenditure 797

Restrictions under constitutional usage 797Basis of modern practice with respect to privilege 797Local revenues within the scope of privilege 797Funds not within the scope of privilege 798Actions which infringe privilege 798

Restrictions on the Lords' right to initiate bills 799Relaxation of privilege by Standing Order 799

Contents xxxvii

Privilege amendment 800Restrictions on the Lords' right to amend bills 801

Lords Amendments to bills of aids and supplies 801Lords Amendments to other bills infringing privilege 802Relaxation of privilege by Standing Order in the case of Lords

amendments 805Right to reject bills retained by Lords 805

Adoption of the practice of an annual inclusive Finance Bill 805Rejection by Lords of separate financial provisions in non-financial

bills 806Limitations imposed by the Parliament Act 1911 806

Definition of money bill 806Procedure in passing money bill 807'Money bills' under Parliament Act and bills of aids and supplies 808

Chapter 34 Public petitions

Development of petitioning 809Form of petitions 809Character and substance of petitions 812Petition from person attained 813Petitions from abroad 813Receivability of petitions dependent upon the competence of

Parliament 813Petitions for attendance of witnesses or production of evidence in a court

of law 814Presentations of petitions 814Presentation of petitions to the Lords 815Presentation of petitions to the Commons 816

Chapter 35 Parliament, the European Union and international assemblies

Parliament and the European Union 818Institutions of the Union 819

The Council of the European Union 819The European Council 820The Commission 820The European Court of Justice (ECJ) 821The Court of First Instance (CFI) 821The European Parliament 822The Court of Auditors 823Other bodies 824

Community legislation 824Forms of Community legislation 824Community legislative procedures 825Voting in the Council 827Procedure in the Council 827Legislation by the Commission under implementing powers 828Implementation of Community law in the United Kingdom 828

xxxviii Contents

Parliamentary oversight of European Union matters 829General 829European Community documents 830Explanatory Memoranda 830Procedure in the House of Commons 831Procedure in the House of Lords 831The Scrutiny Reserve Resolution 832Parliamentary Scrutiny Reserve 833Scrutiny clearance in the Commons 833Scrutiny clearance in the Lords 833The Conference of European Affairs Committees 834

Parliament and other international assemblies 834The parliamentary assembly of the Council of Europe 834

The Council of Europe 834Representation and credentials 835Privileges and immunities 836Sessions, powers and agenda 837Languages 838

The Assembly of Western European Union 839The Western European Union 839Representation and credentials 839Privileges and immunities 839Sessions, powers and agenda 840Languages 841

The North Atlantic Assembly 841Membership 841Structure, sessions and agenda 842

The Parliamentary Assembly of the Organization for Security andCooperation in Europe 842

Membership 843Structure, sessions and agenda 843

The Commonwealth Parliamentary Association 844The Inter-Parliamentary Union 844The British-Irish Inter-Parliamentary Body 845

PART III PROCEEDINGS IN PARLIAMENT: PRIVATE BUSINESS

Chapter 36 Preliminary view of private bills

Introduction and history 849Distinctive character of proceedings on private bills 850Legislative and judicial functions of Parliament 850Principles by which Parliament is guided 851Private bills pass through same stages as public bills 851Jurisdiction of the courts 851

Classification of bills as public, private, or hybrid 853Bills brought in by the Government for local purposes, etc 853Bills relating to London 854Bills relating to cities and counties, etc 855Bills applicable to several localities 855

Contents xxxix

Bills promoted by a county council of metropolitan district counciljointly with, or on behalf of, district councils 855

Bills relating to the administration of justice in particular areas 856Bills concerning property owned by religious communities, colleges,

etc 857Repeal of public Acts of private bills 857Certain subjects considered unsuitable for private legislation 857Private bills objected to on the ground that they should have been public

bills 858Private bills withdrawn or not proceeded with 858Bills concerning public funds 859Private bills allowed to proceed 859

Public bills introduced in place of private bills withdrawn 859Alternatives to proceeding by private bill 860

Provisional orders 860Special procedure orders 860Orders under the Transport and Works Act 1992 860Private Legislation Procedure (Scotland) Act 861

Chapter 37 Preliminary proceedings in both Houses on private bills

Deposit of petitions for bills 862Standing Orders (private business) 862

Compliance before presentation of bill 862Compliance after presentation of bill 862Compliance proved before the Examiners 863

Personal bills (Standing Order 191A (HC), Standing Order 3 (HL) 863General list of petitions (Standing Order 194 (HC)) 864Memorials complaining of non-compliance 864

In respect of petitions for bills numbered in the general list 864In respect of petitions for bills deposited after 27 November 864In respect of petitions for additional provision, etc 864Preparation of memorials 865Withdrawal of memorials 865

Sittings of the Examiners 865Notice of examination 865Striking off and reinsertion of petitions (Standing Orders 72, 106

(HC)) 865Statement of proofs 866Proof by affidavit (Standing Order 77 (HC), Standing Order 80

(HL)) 866Unopposed cases 866Opposed cases 866Hearing of parties on a memorial (Standing Orders 75, 76 (HC), Standing

Orders 76, 77 (HL)) 866Questions of merits excluded 867

Decisions of the Examiners 867Communication of Examiners' decisions (Standing Order 70 (HC),

Standing Order 72 (HL)) 867

xl Contents

Special report from the Examiners (Standing Order 79 (HC), StandingOrder 81 (HL)) 867

Standing Orders Committee (House of Commons) 867Examiners' reports referred (Standing Order 104 (HC)) 867Examiners' special reports referred (Standing Order 104 (HC)) 868Proceedings of the Standing Orders Committee 868Principles by which the Standing Orders Committee is guided 869Standing Orders dispensed with and leave given to parties to

proceed 869Standing Orders not to be dispensed with 870No recommendation by Standing Orders Committee 870Special reports from Standing Orders Committee 870

Committee of Selection (House of Commons) 870Supervision of private bills by Chairman of Committees and Chairman of

Ways and Means 871Supervision by the Lord Chairman and his Counsel 871Copies of bills introduced into either House supplied to Lord

Chairman 871Supervision by Chairman of Ways and Means and Speaker's

Counsel 872Division of bills between the two Houses before presentation (Standing

Order 81 (HC), Standing Order 90 (HL)) 872Departures from usual procedure on private bills 873

Petition for bills deposited after time ('late bills') 873Petition for additional provision 874Withdrawal of bills in Commons 875Parliamentary agents 875

Rules relating to parliamentary agents and petitioners 876Registry of agents (Standing Order 192 (HC)) 876Members and officers of the House disqualified as agents 876Unqualified persons not entitled to call themselves parliamentary

agents 876Fees payable on private bills 877

Collection of fees 877Application 877

Taxation of costs 877Taxing officers 878Lists of charges 878Applications for taxation 878Costs in both Houses taxed together 878Costs of certain public bills and of special procedure orders 879

Chapter 38 Petitions in favour of, against, or relating to private bills in theHouse of Commons; and the Court of Referees

Presentation and withdrawal of petitions (Standing Orders 171, 171 A, 172,173, 219) 880

Petitions in favour of private bills 880Petitions against private bills 881

Contents xli

Petitions to be presented before a prescribed time (Standing Orders 171A217) 881

Petitions to stand referred to committee on the bill and right of audience(Standing Orders 126, 127, 217) 881

Petitions presented after time 882Grounds of objection to be specified (Standing Order 128) 882

Locus standi of petitioners against private bills 882Court of referees on private bills 883

Constitution and duties (Standing Orders 89, 90) 883Rules of procedure (Standing Orders 91, 91 A) 883Notice by promoters of intention to object 884Manner of hearing locus standi cases 884Locus standi limited to points alleged in petition 885Entitlement to locus standi: general principles 885Locus standi on the ground of contingent damage 885Locus standi of bodies representing associations, etc 886Locus standi on the ground of competition (Standing Order 92) 886Locus standi of council and municipal authorities etc (Standing Orders

96-101) 887Locus standi of shareholders, preference shareholders, and 'dissentients'

at a 'Wharnclife' meeting (Standing Order 93) 888Locus standi of local electors and other persons represented 888Locus standi against bills brought fro the Lords 889Locus standi objected to on ground of want of precision or

informality 889Locus standi and the 'filled-up' bill 889

Objections in the House to decisions of referees 890

Chapter 39 Proceedings in the House of Commons on private bills

General 891Giving of notices in connection with private business 891Private business 891Deferment of stages of private bill, etc, if opposed 892Conduct of bills in the House 892Private bill registers (Standing Order 192) 893

Proceedings from presentation to committee stage 893Presentation of bill (Standing Order 163) 893

Printing of private bills (Standing Orders 38, 164, 168) 893Financial memorandum required in certain cases (Standing Order 169)

894First reading (Standing Order 166) 894

Lords bills read the first time and referred to the Examiners 894Bills referred to the Examiners under Standing Order 61 (HC and

HL) 894Bills referred to the Examiners under the 'Wharncliffe' Orders

(Standing Orders 62-67 (HC and HL)) 894Second reading 895

Interval between first and second reading (Standing Order 170) 895Notice of second reading (Standing Order 198) 895

xlii Contents

Bill examined in Private Bill Office (Standing Orders 196, 197) 896Provisions in private bills, or petitions for additional provision,

imposing charges 896House of Lords and charges upon the people in private bills 897Debate on second reading 897

Committal (Standing Order 109) 898Instructions 898

Time for moving instructions 898Principles of instructions to private bill committees 899Power of committee to make amendments 899Standing Order 175 and its effect on instructions 899Mandatory instructions 900Permissive instructions 902Inadmissible instructions 902

Nomination of committees 902Committees on unopposed bills (Standing Orders 111 and 132) 903Committees on opposed bills (Standing Orders 109-114) 903Interval between committal of opposed private bill and sitting of

committee (Standing Order 177) 905Bills referred to specially constituted committees 905Notice of first sitting of committee on private bill (Standing Order

199) 905'Filled-up' bill to be deposited (Standing Orders 137, 200) 905Submission of bills to the Chairman of Ways and Means (Standing

Orders 82, 84, 85) 906Scrutiny of public departments 906

Committee stage and subsequent proceedings 907Standing Orders relating to committees on opposed bills 907

Declaration of members (Standing Order 120) 907Quorum (Standing Orders 121, 122) 907Entering of appearances 908When opposed bills become unopposed (Standing Order 131) 908Reference of petitions to committee (Standing Order 126) 908

Standing Orders relating to the Committee on Unopposed Bills 909Member interested not to vote (Standing Order 133) 909Right of promoters to be heard (Standing Order 134) 909

Standing Orders relating to committees on bills, whether opposed orunopposed 909

Method of deciding questions (Standing Order 135) 909Copies of 'filled-up' bill to be laid before Members (Standing Order

137) 909Minutes of proceedings (Standing Orders 138, 145) 909Proof of compliance with certain Standing Orders only (Standing

Order 139) 910Ministerial reports (Standing Orders 144, 158) 910

Proceedings in committee 910Committee on unopposed bills 911Committees on opposed bills 912

Report of bill 920Reprinting of private bill as amended in committee (Standing Orders

179,203) 920

Contents xliii

Re-committal of private bill 920Proceedings on and after report of private bill (Standing Order

178) 921Proceedings on consideration and third reading 922

At the time of private business 922Notice of third reading of a private bill (Standing Order No 205) 923At seven o'clock 923Debate on consideration and third reading 923Entry of amendments on consideration or third reading (Standing

Order 206) 923Re-committal on third reading 924Queen's consent 924Stages taken by mistake 924Bill examined before being sent to the Lords (Standing Order

207) 925Lords Amendments (Standing Orders 88, 186, 208, 208A) 925

Commons' privileges infringed by the Lords 926Suspension of Standing Orders 926

Suspension of bills till following session 926Further suspension of bills 928Revival of bills after dissolution of prorogation 928

Chapter 40 Proceedings on private and personal bills in the House of Lords

Introductory 929Private bills 929Personal bills 929The Chairman of Committees 930

Private bills 930Petitions for late bills and for additional provision (Standing Orders 2

and 97) 930Proceedings before the Examiners (Standing Orders 69-83) 930Standing Orders Committee (Standing Orders 84-89) 931First reading (Standing Order 98) 932Petitions against private bills (Standing Orders 101-103) 932Second reading 933Instructions 933Commitment 934Select committees on opposed private bills 934Rejection of bill by select committee 937Unopposed bill committees 937Matters common to committees on opposed and unopposed bills

(Standing Orders 123-146) 938Re-commitment of private bills 939Deposit of amended bills (Standing Order 147) 939Report stage 939Third reading 939Queen's consent 940Proceedings after third reading 940Commons Amendments 940

xliv Contents

Withdrawal of bills 940Personal bills 941

Definition (Standing Order 151) 941Petitions for bills (Standing Orders 152, 153, 167) 941Personal Bills Committee (Standing Order 154) 941Proceedings in the Personal Bills Committee (Standing Orders 166 and

167) 941First reading of personal bills (Standing Order 156) 942Proceedings after first reading (Standing Orders 157-161, 174) 942Petitions against personal bills (Standing Order 158) 943

Royal Assent 943Classification of private Acts 943

Chapter 41 Private legislation procedure (Scotland)

Scope of Procedure Act 944Private legislation affecting 'Scotland and elsewhere' 945The 'General Orders' 945Application for a provisional order 946Petitions against 946Report by the Chairman (Lords and Commons) 946Procedure for promotion of substituted bills 947Proceedings before Examiner on proposed provisional order 948Issue of provisional order 948Proceedings on orders on which an inquiry is held 949Proceedings on order on which no inquiry is held 951Procedure on provisional orders when modified 951Procedure upon bills to confirm orders 952Procedure on bills to confirm orders on which no inquiry has been held

(section 7) 952Procedure on bills to confirm orders on which inquiry has been held

(section 9) 953Committal of bill to a joint committee 953Subsequent procedure on bill in first House 954Procedure in first House on bills when no joint committee is

appointed 954Procedure in second House upon bills to confirm order on which an

inquiry has been held 954

APPENDIX HOUSE OF COMMONS STANDING ORDERSRELATIVE TO PUBLIC BUSINESS (AT OCTOBER 1997)

The Speaker 956Deputy Speaker and Chairmen 956Members (Introduction and Seating) 957Sittings of the House 958Arrangement and Timing of Public and Private Business 961Notices of Questions, etc 966Motions for Bills and Select Committees 967

Contents xlv

Motions for the Adjournment of the House 968Orders of the Day 969Rules of Debate 969Divisions 971Order in the House 972Public Money 973Public Bills 976Standing Committees 982Select Committees 1006Public Petitions 1022Parliamentary Papers 1023Strangers 1023

Index 1024