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Mps Guide To Procedure

The document provides guidance for MPs on parliamentary procedure in the House of Commons of the UK Parliament. It covers topics such as meeting times, debates and voting, questions, bills and legislation, select committees, and privileges. The guide aims to explain the practical aspects of parliamentary procedure in plain English.

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0% found this document useful (0 votes)
369 views292 pages

Mps Guide To Procedure

The document provides guidance for MPs on parliamentary procedure in the House of Commons of the UK Parliament. It covers topics such as meeting times, debates and voting, questions, bills and legislation, select committees, and privileges. The guide aims to explain the practical aspects of parliamentary procedure in plain English.

Uploaded by

openid_HKfXPpgw
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 292

MPs’ Guide

to Procedure
Practical, clearly written information
on the Chamber and committees

Available online at parliament.uk/gtp


Contents

Foreword by The Speaker of the House of Commons �������������������������������������������������������������������� 5

Timings ................................................................................................................................................................................................... 6 – 19
Debates and Voting ........................................................................................................................................................... 20 – 59
Questions ......................................................................................................................................................................................... 60 – 89
Statements ................................................................................................................................................................................. 90 – 101
Early Day Motions ......................................................................................................................................................... 102 – 115
Petitions ...................................................................................................................................................................................... 116 – 129
Bills and Delegated Legislation ................................................................................................................... 130 – 225
Select Committees ....................................................................................................................................................... 226 – 245
European Scrutiny ......................................................................................................................................................... 246 – 251
Taxation and Spending .......................................................................................................................................... 252 – 263
Privilege and Interests .............................................................................................................................................. 264 – 269
Publications and Records .................................................................................................................................... 270 – 279
Acknowledgements..................................................................................................................................................................... 280
Index.................................................................................................................................................................................................. 281 – 291

3
Foreword

Foreword by Mr Speaker

This second edition of the MP’s Guide to Procedure builds on the success of the first edition
and incorporates the changes to procedure and practice that have been introduced since
the publication of the first edition. This Guide to procedure is written for MPs and their staff.
The focus is on the practical aspects of engaging with the rules, conventions, procedures and
practice that enable the House of Commons to operate. The aim is to produce a “how to
guide” in plain English. It does not set down the rules of the House which are described in
Erskine May and set out in Standing Orders. The Guide also tells you who to contact if more
detailed advice is needed.

The procedures of the House of Commons have developed over centuries to enable the
House to function in a fair, proportionate and regular fashion. As we have seen over the past
few years procedure and practice can change rapidly – adjusting and responding to political
need and events. This guide provides a starting point for those who engage with or
participate in parliamentary proceedings and need to understand them. It is available
online and is freely available to the public and I hope it will provide a useful resource.

Rt Hon Lindsay Hoyle MP


Speaker of the House of Commons

5
MPs’ Guide to Procedure

Quick
Guide
Days when the House meets are
known as sitting days. Breaks The House normally
meets from Monday to
when the House isn’t meeting are
called adjournments or recesses.
The Speaker can recall the House
during a recess if necessary at the
Government’s request. Thursday, at regular
The time between general elections
is known as a Parliament. A new times. Sometimes the
House also meets on
Parliament starts after each
general election.
A Parliament is normally divided
into sessions that begin in Spring or Friday to discuss bills
introduced by MPs
Autumn and last for roughly a year,
but can be longer.

who aren’t ministers.


Prorogation is the formal end of a
session. A new session begins shortly
afterwards with the State Opening
and a new King’s Speech, usually at
some point in May.
This pattern will continue until
the Parliament reaches the end
of its five-year term or there’s an
early general election.
The business for each week is
announced by the Leader of the
House at the previous week’s business
questions. The agenda for each
day’s business is set out in the Order
Paper. The Government controls
the timetable of the House and can
change the business at short notice.
Government business usually
has priority. But the House’s rules
(Standing Orders) provide for
a number of days when non-
Government business is taken,
such as Opposition days and Private
Members’ Bill Fridays. The Backbench
Business Committee is also given time
for debates in the Chamber and in
Westminster Hall.
1
8 Meeting Times
11 Prorogation and
King’s Speech
13 Start of a Parliament
19 End of a Parliament
and dissolution

TIMINGS
CONTACT AN EXPERT

Table Office: x3302 tableoffice@parliament.uk


MPs’ Guide to Procedure

Meeting Times
The time the House starts sitting each day is fixed.
The time the House starts sitting each day is If you’re not sure what time a particular day’s
fixed. The time it finishes can vary according to business is likely to finish you can ask the
the business. There is a usual time (known as Table Office for advice.
the moment of interruption) at which the main
On the first day back after a recess, the House
business finishes and the half-hour
usually meets at the times for a Monday
adjournment debate starts, and then a usual
sitting, whether this falls on a Monday or not.
time at which the sitting itself finishes, but you
can’t assume that these times will
always apply.

Usual time of
Day Start of sitting Usual finish time
adjournment debate

Monday 2.30pm 10pm 10.30pm

Tuesday 11.30am 7pm 7.30pm

Wednesday 11.30am 7pm 7.30pm

Thursday 9.30am 5pm 5.30pm

(Friday) 9.30am 2.30pm 3pm

8
Timings

Typical day in the Chamber account. There may be multiple statements on one
day. Oral statements usually last about 45 minutes
If you want to find out what’s happening each, but this varies.
on a particular day in the Chamber the best Presentation of Bills: This doesn’t happen every
way is to look at the Order Paper, which is day, but sometimes bills are presented (the first
the daily agenda, and contains other stage in their journey through the Commons –
material such as future business, where known as first reading) after any urgent questions
known, and announcements and deadlines. and oral statements. This is purely formal and
there’s no debate, so it doesn’t take up much time.
A typical day in the Chamber follows The bills might be Government bills presented
this sequence: by a minister, or Private Member’s Bills, presented
by a backbencher. Bills are usually presented on
Prayers: The first item is always Prayers, led by the
Mondays to Thursdays.
Speaker’s Chaplain. If you want to reserve a seat for
the rest of the day, you will need to fill in a Prayer Ten-Minute Rule Bill: Two Ten-Minute Rule Bills
Card and attend Prayers to secure it. The are presented each week, one on a Tuesday and
doorkeepers can give you more information. one on a Wednesday. Ten Minute Rule Bills are a
type of Private Members’ Bill. The backbencher
Private business and unopposed returns:
whose bill it is will speak about it for 10 minutes
Occasionally, at the start of the day the House
and then another MP might speak against it for
considers private bills. There’s no debate and if the
10 minutes. There’s no further debate, but there
business is objected to it can’t proceed. Motions for
can be a vote.
unopposed returns are also occasionally moved at
the start of the day. Both these things typically last Debates: The main business normally takes the
no more than a few minutes. form of one or more debates. Debates often relate
to legislation, but can be on more general subjects.
Question Time: Ministers answer oral questions
The Order Paper will tell you how long a debate
from MPs every Monday to Thursday for about an
can last.
hour. There’s no Question Time on Fridays.
Other Business: Many debates continue until the
Urgent questions: Urgent questions don’t happen
moment of interruption, which is the time the day’s
every day and aren’t listed on the Order Paper in
main business usually ends. At this point there may
advance, because MPs have to apply to the Speaker
be other items of business on the Order Paper
to ask an urgent question on the day itself. If there
which are decided without debate.
is an urgent question, this will be added to the
online version of the Order Paper and announced in Petitions: MPs can present paper petitions on
the scrolling text at the bottom of the annunciators behalf of constituents just before the adjournment
(the monitors around the parliamentary estate) and debate, if they’ve given notice the previous day the
on the Commons Twitter account. Urgent questions House is meeting. The MP presenting the petition
usually last about 45 minutes, but this varies. can speak for about a minute.
Oral statements: Oral statements don’t happen Adjournment: After the main business is
every day and often aren’t listed on the Order Paper concluded a whip will move that the House
in advance, because they are announced at short adjourns. A half-hour adjournment debate then
notice. If there is an oral statement, this will be takes place, involving a backbencher whose debate
added to the online version of the Order Paper and it is and a minister who replies. You can apply for
announced in the scrolling text at the bottom of these debates via the Table Office. Once the debate
the annunciators and on the Commons Twitter is over, the Speaker adjourns the House and the
sitting finishes for the day.
9
MPs’ Guide to Procedure

Recesses
The House has breaks during the year
when it doesn’t meet. The precise
timings of recesses vary each year
and dates are announced by the Leader
of the House. The recess calendar lists
the published dates.
Even if the dates haven’t been announced yet,
you can usually work out roughly when they will
fall because recesses follow a general pattern:

Whitsun recess a week in late May to early June

Summer recess late July to early September

Mid-September to early October (accommodating the


Conference recess
party conferences)

November recess a long weekend in mid-November

Christmas recess late December to early January

February recess a week in mid-February

two weeks dependent on the date of Easter; usually late


Easter recess
March or early April to mid-April

This pattern may be disrupted in a year where


there is a general election or if the State Opening
of Parliament is substantially later than usual.

10
Timings

Prorogation and King’s Speech


Prorogation is the formal end of Prorogation takes the form of an
a session. This is not the same as announcement, on behalf of the King, read in
dissolution, which is the formal the House of Lords. The Speaker of the House
of Commons and MPs attend the Lords
end of a Parliament. Chamber to listen to the speech. The same
Motions (including early day motions) lapse. announcement is then read out by the Speaker
Questions which have not been answered fall in the Commons Chamber. Following this, both
and nothing more happens with them. No Houses are officially prorogued and most
motions or questions can be tabled during parliamentary business is suspended.
prorogation. No committees meet. Prorogation is followed by the State Opening of
Bills that have not completed their passage Parliament and the King’s Speech a week or so
through both Houses of Parliament fall. But if afterwards to begin a new session.
the House has already agreed a carry-over order, Parliament is also usually prorogued before it’s
a bill may continue in the new session. dissolved when a general election occurs.
Before prorogation takes place, Royal Assent is Watch a video of prorogation:
signified to any remaining bills that have been https://parliamentlive.tv/event/index/e120bcc7-
passed during the session. 69e3-4a60-a869-bafd17ef48ea?in=17:24:14

11
MPs’ Guide to Procedure

King’s Speech
The King’s Speech is the centrepiece
of the State Opening of Parliament:
the official start of the new session.
The speech itself is written by the Government
and is delivered by the King in the Chamber
of the House of Lords. Its main function is
to announce the Government’s priorities and
to list the bills that they plan to introduce
in the coming session.
MPs are summoned to the Lords Chamber
by Black Rod (a Lords official) to watch the
King deliver his speech.
When the ceremony is complete, MPs return
to the Commons Chamber and begin debating
the contents of the speech. The debate usually takes
place over six days, with each day being assigned to
a policy area, such as ‘the economy’
or ‘home affairs’.

12
Timings

Start of a Parliament
On the first day of a new affecting your chance to make a maiden
Parliament, the House of Commons speech. You can:
meets to elect a Speaker. • submit and ask oral questions
After that, several days are provided for MPs to • submit written questions
take the oath of allegiance, or make a solemn • ask a question about an oral statement
affirmation (the non-religious equivalent), to
the Crown. This process is known as swearing • submit early day motions, or amend or
in. You must not participate in debates and sign other MPs’ early day motions
votes in the Chamber until you’ve done this. • present a petition
If you do, you will lose your seat and be fined.
All MPs are required by law to swear in if they • present or support a Private Member’s Bill
want to take their seats, even if they were MPs • submit amendments to bills (but
in the previous Parliament. You won’t receive a you can’t speak in the Chamber
salary until you swear in, although it will then to move the amendment)
be paid from when you were elected.
• take part in committees (for example,
The first substantive business in the new delegated legislation committees, public
Parliament is the debate on the King’s Speech, bill committees and select committees).
which usually takes place over six days. New
MPs can make their first speech (known as a You can also intervene on other MPs without
maiden speech) during the debate on the losing the opportunity to make a maiden
King’s Speech or in a later debate in the speech. But the Speaker may give preference to
Chamber or in Westminster Hall. MPs who’ve not spoken at all in the Chamber
(by asking a question or intervening) when
You can’t speak in a debate in the Chamber or calling people to make a maiden speech.
Westminster Hall before you make your maiden
speech (unless you don’t want to make a
maiden speech at all). But you can take part in
a range of parliamentary proceedings without

13
MPs’ Guide to Procedure

How to STEP 1

swear in If you’re unsure when you should swear in, seek


advice from your whips. Two to four days are
normally set aside for swearing in. On the first
day, the Speaker will take the oath or affirm, and
then announce the order for swearing in.
Step-by-step: This is usually:
These steps are for you as an MP, ✔ the MP with the longest continuous service in
rather than your staff. the House
✔ the Prime Minister followed by the Cabinet
✔ the shadow Cabinet
✔ Privy Counsellors not in any of these groups
✔ other ministers
✔ MPs by date of first election (unless you
haven’t been an MP continually during that
time, in which case it’s the election when
your most recent period of continuous service
began).

STEP 2
Swearing in takes place in the Chamber
and is televised. You should queue up facing
the Speaker’s Chair on the left-hand side of
the Chamber.

STEP 3
When you reach the front of the queue, state
your name and constituency. A clerk will ask
whether you want to swear the oath or affirm
(the non-religious equivalent). If you want to
swear, you will be asked which holy book you
wish to swear on. There’s no set list of texts you
may use when swearing in. All MPs are asked
before arriving which text they would prefer to
use and then every effort is made to ensure that
it’s provided.

14
Timings

STEP 4
Text of the oath
If you’re swearing, hold the text of the holy book
in your uplifted hand and say the words of the and affirmation
oath, which will be held on a card in front of
you. You can also take the oath in the Scottish OATH
manner, with uplifted hand but not holding the “I swear by Almighty God that I will be
holy book. If you’re affirming, read the words of faithful and bear true allegiance to His
the affirmation, which will be held on a card in
Majesty King Charles, his heirs and
front of you. The oath and affirmation are
available in Braille and in large print. successors, according to law. So help
me God.”

STEP 5 AFFIRMATION
“I do solemnly, sincerely, and truly
Oaths or affirmations should initially be made in declare and affirm, that I will be
English but can be repeated in Cornish, Scottish faithful and bear true allegiance to His
Gaelic, Irish Gaelic, Ulster Scots or Welsh. Oath/
Majesty King Charles, his heirs and
affirmation cards in these languages are available
at the time of swearing in. successors, according to law.”
The Journal Office can supply copies of the
text in Cornish, Scottish Gaelic, Irish Gaelic,
STEP 6 Ulster Scots or Welsh.
Once you have sworn or affirmed, you will be
asked to sign the Test Roll (a book headed by the
oath and affirmation, which is kept by the Clerk
of the House).

STEP 7
Finally, you shake hands with the Speaker in
the Chair.

15
MPs’ Guide to Procedure

How to
make a maiden speech
Step-by-step: STEP 3
These steps are for you as an MP, Some conventions apply to maiden speeches.

rather than your staff, although your They should:

staff can help with steps 1 and 2. ✔ relate in some way to the subject
of the debate
✔ be brief (about 5 minutes)
The first substantive speech that you ✔ be uncontroversial
make after being elected is known as (not politically contentious or critical)
✔ contain remarks about your constituency
your maiden speech. You must not
✔ contain a tribute to your predecessor,
make a maiden speech until you’ve regardless of political party
taken the oath or affirmed – if you do, If you would like assistance in writing your
maiden speech, you can contact the House of
you will lose your seat. Commons Library. They can provide the speeches
of predecessors in your constituency and any
other information you might need, including
STEP 1 statistics, details of boundary changes and
previous MPs.
Decide when you want to make your maiden
speech. At the start of a Parliament, the debate
on the King’s Speech, which normally last six
days, provides the first chance. After that, STEP 4
opportunities depend on the business of the
House. The future business section of the Order On the day, arrive for the start of the debate and
Paper will tell you which debates are coming up. wait for the Speaker to call you. MPs giving
maiden speeches may be heard early in the
debate. When the Speaker calls you, stand in
your place and make your speech. Other MPs
STEP 2 may not intervene on a maiden speech. Once
you’ve spoken, you should remain for at least the
Write to or email the Speaker’s Office in advance next two speeches and return for the final
to let the Speaker know that you want to speak speeches from the Opposition front bench and
in a particular debate and that it will be your the minister.
maiden speech. In view of the number of new
MPs at the start of Parliament, there’s no
guarantee you’ll get called to speak on a STEP 5
particular day. If you contact the Speaker’s Office,
they can tell you the likelihood you’ll be called. If you want to order a presentation copy of your
speech, you should contact Hansard.

16
Timings

Election of the Speaker


The MP with the longest unbroken You will be given a ballot paper with the names
service who is not a minister of all the candidates listed in alphabetical
presides over the election. order. You can vote for only one candidate.
You cast your vote secretly in either of the
If the Speaker from the previous division lobbies beside the Chamber. You’ve
got 30 minutes to do this (there’s discretion
Parliament is seeking re-election, they
to vary this time). If any candidate gets more
will make a short speech. Another MP is than 50% of the votes, that candidate will be
called to move a motion that the previous proposed to the House as Speaker-elect.
Speaker take the Chair as Speaker-elect
If no candidate gets more than
and make a speech. The motion isn’t 50%, you’ll be asked to vote again.
debated and the MP presiding puts the This time the ballot paper won’t include:
question to the House. If the House
• the candidate who came last (unless two
agrees, the previous Speaker will take candidates are tied for last place and both
the Chair as Speaker-elect (and will obtained 5% or more of the total vote)
become Speaker when the King signifies
• anyone who got less than 5% of the votes
his consent to the appointment).
• anyone who withdraws within 10
minutes of the result of the previous
SECRET BALLOT
round being announced to the House.
If the House doesn’t agree, or if the previous
Speaker isn’t seeking re-election, a secret The election proceeds through successive
ballot is held. rounds until a single candidate remains. A
motion will be put to the House proposing
Candidates must submit written nominations to
that MP as Speaker. If agreed, the MP takes
the Table Office between 9.30am and 10.30am on
the Chair as Speaker-elect. The party leaders
the morning of the election. This consists of a
make speeches of congratulation.
signed declaration that you’re willing to stand,
along with the signatures of between 12 and 15 Once this process is complete and the Speaker-
MPs who support your nomination. At least three elect has received the King’s approval, the Speaker
of the nominees must be from a different party will swear or affirm allegiance to the King.
from you (or from no party). A list of candidates is
Once elected, the Speaker remains in office until
placed in Members’ Lobby and published on
the next general election, unless they resign.
Parliament’s website. No MP can sign more than
one nomination form, and if they do their
signature is no longer valid.
Each candidate gives a speech in the Chamber.
The order is decided by lot. If there is only one
nomination, that candidate is automatically
proposed as Speaker. Once all the candidates
have spoken, MPs are asked to vote.

17
MPs’ Guide to Procedure

Election of Deputy Speakers


Deputy Speakers are elected by secret ELECTION
ballot towards the start of a Parliament, The election will be held the next day in one of the
but it may be a couple of weeks before committee rooms on the Committee Corridor in
the Palace between 11am and 12 noon. To vote,
the elections take place. There are three go to one of the temporary division desks where
Deputy Speakers: the Chairman of you can get a ballot paper. The ballot paper gives
Ways and Means (the principal Deputy the names of candidates in alphabetical order.
Speaker), the First Deputy Chairman The ballot is counted using the single transferable
of Ways and Means, and the Second vote system. You should number the candidates
Deputy Chairman of Ways and Means. according to your preference, ‘1’ being your most
preferred candidate. The figure ‘1’ represents the
At least one of the Speaker/Deputy vote and is mandatory. The rest are optional but
Speaker team must be a man and at the more candidates you rank, the more influence
least one a woman. The Chairman you have over the final result. For example, if there
of Ways and Means and the Second were eight candidates you could rank them in
order from 1 to 8.
Deputy Chairman are drawn from
different parties from the Speaker. Complete the ballot paper at one of the stations in
The First Deputy Chairman of Ways is the room and deposit it in one of the ballot boxes
at the exit.
from the same party as the Speaker.
THE COUNT AND RESULTS
NOMINATIONS
You may only watch the count if you’re a candidate.
Candidates for Deputy Speaker posts must submit
written nominations to the Table Office between The results are announced by the Speaker in the
10am and 5pm on the day before the election. Chamber and published as soon as possible after
The nomination consists of a signed declaration the ballot has closed.
that you’re willing to stand, along with the Once elected, Deputy Speakers remain in office
signatures of between six and 10 MPs from any until the next general election, unless they resign.
party who support your nomination. No MP can
sign more than three nomination forms, and if If there are the same number of candidates
they do their signature is no longer valid. You may as posts, an election is still necessary to decide
also provide an optional 500-word supporting who will be Chairman of Ways and Means and
statement. This may be in the form of a CV but who will be Second Deputy Chairman, but if
must not be a personal manifesto. there is only one candidate for the post of
First Deputy Chairman an election might not be
A list of candidates is placed in Members’ Lobby deemed necessary.
and published on Parliament’s website (along with
any statements). If it’s necessary to elect a single post of Deputy
Speaker during the course of a Parliament,
candidates must come from the relevant side
of the House.

18
Timings

End of a Parliament
and dissolution
The Dissolution and Calling of Polling takes place 25 working days after
dissolution but Saturdays, Sundays, Christmas
Parliament Act 2022 states that the
Eve, Christmas Day, Boxing Day, New Year’s Day
maximum term of a Parliament is and the Scottish Bank Holiday on 2 January are
five years. The formal end of a not counted in calculating the 25 days.
Parliament is called dissolution.
When Parliament is dissolved, every seat in the
The King has the legal power to dissolve House of Commons becomes vacant. You are
Parliament. In practice, the King acts on the no longer an MP and must not use this title. The
advice of the Prime Minister, who can request a House and IPSA issue detailed guidance before
dissolution in order to allow a general election. dissolution for MPs and their staff. The House’s
facilities are no longer available to you from
If Parliament has not been dissolved by the fifth 5pm on the day of dissolution.
anniversary of the day it first met, it will be
automatically dissolved.
Parliament may be prorogued a few days before
dissolution takes place. At prorogation, all
parliamentary business ends but Parliament
continues to exist until dissolution.
Dissolution triggers the start of the general
election campaign. It also begins the pre-
election period during which, by convention,
the Government doesn’t make major policy
announcements or enter into significant
commitments.

19
MPs’ Guide to Procedure

Quick
Guide

The House reaches


You can speak in debates in the
Chamber and Westminster Hall.
You should be aware of the Rules of
behaviour and courtesies in the House,
issued by the Speaker, before you do so. its decisions
The House reaches its decisions or
highlights its opinions by debating
motions. MPs argue for or against
or highlights
a specific motion and then reach a
decision, with or without the need for its opinions by
debating motions.
a vote. Motions are listed on the Order
Paper, along with the names of the MPs
who support them.
A general motion is neutrally worded.
It usually begins, “That this House has
considered”. It lets the House discuss
an issue without giving an opinion or
taking action on it. You can’t amend this
kind of motion.
A substantive motion calls on the House
to take action or express an opinion.
You can amend a substantive motion.
Although most motions that are
debated are tabled by the Government,
there are opportunities for backbenchers
to hold debates too:
• adjournment debates
• Westminster Hall debates
• Backbench Business Committee
debates
• emergency debates
The main Opposition parties get a
chance to hold debates on their motions
on Opposition days.
2
22 Speaking in a debate
26 Voting
32 Ending a debate
38 General debates
39 Substantive motions
43 Opposition day
debates
46 Adjournment debates
49 Westminster Hall
debates
53 Backbench Business
Committee debates
56 Emergency debates
59 Grand committees

DEBATES AND
VOTING
CONTACT AN EXPERT

Table Office: x3302 tableoffice@parliament.uk


MPs’ Guide to Procedure

Speaking in a debate
If you want to speak in a debate, Most debates end with speeches from the
let the Speaker’s Office know in official Opposition and a minister. These are
sometimes known as the winding-up speeches.
advance and stand in your
place every time a speech ends. When everyone who wants to speak has done
so, the Speaker then ‘puts the question’. This
There’s no published speaking list. means asking the House to decide – through a
There may be time limits on vote if necessary – on the motion.
backbench speeches. If the time set aside for the debate runs out
At the start of a debate, the Speaker calls an MP while an MP is still speaking, the debate may
whose name is on the motion (a minister for a end without the House taking a decision on
Government motion) to move it. The MP does the motion.
this by saying “I beg to move”, and then reading
out the motion or saying “the motion in my
name on the Order Paper”. It’s possible to move
the motion formally, without a speech.
Once the first speech is over, or if the motion has
been moved formally, the Speaker ‘proposes the
question’ to the House by saying “The question
is as on the Order Paper”. This opens the debate.
In the case of a Government motion, the
Speaker will usually call a frontbencher from the
official Opposition, a backbencher from the
Government side, and a frontbencher from the
third largest party to make speeches next. The
Speaker will then seek to call MPs from each
side of the House in turn.

22
Debates and Voting

How to
speak in a debate
Step-by-step:
These steps are for you as an MP, rather than your staff,
although your staff can help with step 1.

STEP 1
Write to the Speaker’s Office in advance to say STEP 3
you want to speak and explain any factors that
should be taken into account, such as a relevant When the opening speech has finished, stand in
constituency case or interest. Simply adding your your place to indicate to the Speaker that you’d
name to a motion or amendment is not enough like to speak. You can do this even if you haven’t
to indicate you wish to speak. written to the Speaker in advance, but MPs
who’ve given notice are likely to be called first.
Keep standing every time a speech finishes until
the Speaker calls you, or the time for the debate
STEP 2 runs out.
You should be in the Chamber for the opening
speech of the debate and you should plan to be
present for most of the debate. STEP 4
Once you’ve spoken, you should remain for
at least the next two speeches and return for the
final speeches from the Opposition and
the minister.

23
MPs’ Guide to Procedure

Interventions
An intervention is when you make a • More substantial points of order, and points
of order not related to a specific debate or MP’s
comment during another MP’s speech. contribution, are usually taken in the Chamber
You can try to intervene on another MP by after Question Time, and any urgent questions
rising slightly, trying to catch the MP’s eye or oral statements. If you want to make a
substantial point of order, it’s best to notify
and asking them to give way. They’re under the Speaker’s Office in advance – particularly
no obligation to accept an intervention, and if it relates to something complex that
requires research.
if they make it clear that they don’t intend to
do so, you should resume your seat. MPs often use points of order to try to continue a
debate, but the Speaker generally frowns on this.
You may only intervene on a speech, not on another A genuine point of order is something that relates to
intervention. House procedure and which the Speaker can
Interventions should be brief and relate to the rule upon.
subject of the speech. The Speaker is likely to call The Speaker will not generally rule on something
you to order if your intervention is too long. hypothetical or on something that has happened
As a matter of courtesy, you should not intervene in a committee, as this is the responsibility of the
immediately after arriving in the Chamber, committee chair.
and you should remain for a reasonable time
after intervening. Time limits
You should not intervene in: During busy debates, the Speaker may
• a maiden speech impose a formal time limit on backbench
• a speech to present a Ten-Minute Rule Bill, speeches to give as many MPs as possible
or a speech against a Ten-Minute Rule Bill the chance to speak. The Speaker can alter
• Ministerial statements the limit during the debate if it’s necessary
• Personal statements to accommodate more MPs.
If the Speaker imposes a formal time limit, the
annunciators (the monitors around the parliamentary
Points of order estate) will display the time limit and the clocks in the
Chamber will show exactly how much time you have
You can use a point of order to get remaining when you’re speaking. You will be granted
guidance from the Speaker in the Chamber extra time of one minute for each of the first two
on a matter of House interventions you take, which will be added to the
remaining time displayed on the annunciator. If you
of Commons procedure. take more than two interventions, you don’t get any
• You can make a point of order that relates more time.
to a particular incident at any time immediately
If the Speaker hasn’t set a formal time limit, you
after the incident. Stand in your place and
indicate to the Speaker that you wish to make should still bear in mind the number of other MPs
a point of order by saying, “On a point of order, who want to speak. The Speaker may suggest an
Mr Speaker.” informal limit and ask members to try to keep to this
to help ensure that all who wish to speak can do so.
24
Debates and Voting

Speaking twice Sub judice and debates


In general, you may speak only once in You are not allowed to refer in debates
a debate on the same question, although to a case that is active in the UK courts.
you can seek to intervene on other MPs This includes inquests.
as many times as you want. This is set out in the sub judice resolution agreed by
The circumstances in which you can speak the House and is subject to the Speaker’s discretion.
twice include: Its purpose is to prevent Parliament from seeming
to interfere in the work of the courts.
• If you’ve moved the motion in a debate in the
Chamber, and there is time at the end of the You should talk to the Table Office if you’re aware
debate, the Speaker will call you to reply. of legal proceedings in relation to a speech you
This doesn’t apply to adjournment debates. want to make, or if you want to check if an issue
is sub judice.
• If you’ve moved the motion in a 60 or
90-minute Westminster Hall debate, and there
is time at the end, the Chair will call you to reply.
• If you’ve been given the “leave of the House”,
you can speak twice. When a minister or
another MP asks for the leave of the House
to speak a second time, a single MP can object
and prevent this.
• When you’re taking part in a debate in a
Committee of the whole House, a public bill
committee, delegated legislation committee,
or European committee you can speak more
than once on the same question.
• At the report stage of a bill that has been to a
public bill committee, you can speak more than
once on the same question if you’re the MP
in charge of the bill, or if you’re moving an
amendment, new clause or new schedule.
At the report stage of a bill that has been wholly
committed to a Committee of the whole House,
you may be prompted to seek the leave of the
House before making a second speech in these
circumstances.

25
MPs’ Guide to Procedure

Voting
You can vote for or against a There are also two tellers (often whips) in each
question by shouting “Aye” or “No” lobby to record the number of those voting.
You must walk past the tellers, pausing in the
when the Speaker puts the question doorway to let them record your vote.
to the House and then walking
The Speaker announces the result of the division
through the Aye or the No lobby on as soon as it’s over. The CommonsVotes app
either side of the Chamber. A vote provides a full list of who voted about 15
that’s conducted in this way is called minutes later. Division lists are also available in
a division. Hansard online within 2 to 3 hours, and to
collect from the Vote Office the following day.
During a division, the bells ring and the
Keep in touch with whips for expected division
annunciators (the monitors around the
times, which are not always predictable.
parliamentary estate) display a green bell.
You have eight minutes to get to the lobbies A minimum of 40 MPs, including the Chair and
to vote before the doors are locked. the tellers (and not including MPs voting by
proxy), are required for a division to be valid.
When looking from the Speaker’s Chair, the
Aye lobby is to the right, and the No lobby is to There’s no way to record an abstention.
the left. To vote, go into the lobby you want: use
In certain circumstances, divisions can be
the entrance behind the Speaker’s Chair for the
deferred until the following Wednesday.
Aye lobby, the entrance at the opposite end
of the Chamber to the Speaker’s Chair for the Contact an expert
No lobby, or the doors from each side of
Contact: Clerk of Divisions, Public Bill Office
the Chamber.
Phone: x3261
There are pass reader terminals in the division Email: PBOHoC@parliament.uk
lobbies to record the names of those voting. To
record your vote, place your pass flat against the
middle or lower half of the pass reader for 1-2
seconds. The left-hand side of the screen will say
“Name recorded” and the right-hand side will
display your name and photograph.

26
Debates and Voting

How to vote in a pass


reader division
Step-by-step:
These steps are for you as an MP rather than your staff.

STEP 1
There are five pass reader terminals in each STEP 4
division lobby. It doesn’t matter which one
you use. To record your vote, place your pass flat against
the middle or lower half of the pass reader for
1-2 seconds. The left-hand side of the screen will
STEP 2 say “Name recorded” and the right-hand side
will display your name and photograph. If the
If a division is not currently taking place, the pass reader says “Error reading security pass”,
terminal screen will be purple. It will display a you must tap your pass again, ensuring that you
portcullis and say “No division is currently in are placing your pass flat against the middle or
progress”. At this point, you can tap your pass on lower half of the pass reader for 1-2 seconds.
the reader to check whether it is registered for
voting. If your pass is not registered, email the
Public Bill Office: pbohoc@parliament.uk. STEP 5
Your vote will only be counted once even if you
STEP 3 tap your pass more than once.

If a division is taking place, the terminal screen


will be white. It will say “Tap your security pass to STEP 6
record your name for Aye” in the Aye lobby or
“Tap your security pass to record your name for Once you have tapped your pass, continue
No” in the No lobby. through the Lobby and walk past the Tellers who
will be stationed at the Division Lobby doors
behind the Speaker’s chair.

27
MPs’ Guide to Procedure

How to vote if there


is a problem with
the pass readers
Step-by-step:
These steps are for you as an MP rather than your staff.

STEP 1
If there are any problems recording your name STEP 3
using the pass readers (for example, you don’t
think the pass reader has registered your pass), You should not keep an Oyster or contactless
continue through the Lobby and walk past the card in the same lanyard as your parliamentary
Tellers. This will ensure that your vote is included pass. If you have multiple passes or cards, you
in the Tellers’ count. will need to take your parliamentary pass out of
your lanyard to tap the pass reader. If the pass
reader recognises any other card or pass, it will
STEP
STEP 2
1 display “Error reading security pass” and your
STEP 1 name will not be recorded.
Email the
If there Public
are Bill Office (pbohoc@parliament.uk)
any problems recording your name
If there are
immediately any
to problems
let
using the pass readers them(forrecording
know your
you name
that you
example, do not
using
do
think the
notthe passyour
think
pass readers
readername (for
hashasexample, you do
registered.
registered your not
pass), STEP
STEP 4 1
think
You the
also pass
need reader
to tell has
them registered
which your
way you pass), STEP
STEP 1
If you are1aware that you don’t have your
continue
STEP 1through the Lobby and walk past the
continue
voted
Tellers.and through
This make the Lobby
clear
will ensure which and walkyou
division
that your vote ispast
arethe
included If there are any problems recording your name
Tellers.
referringThis
to.will
The ensure
in the Tellers’ count.email that
shouldyour
comevote is
from included
your If there
pass,
using you
theareshould
anyreaders
pass problems
visit the recording
(forPass Officeyour
example, where
you name
do you
not
in the Tellers’ count.
parliamentary account. using
think the pass reader has registered your do
will bethe pass
given a readers
temporary(for example,
pass which you
can benot
pass),
think
used thethe
on
continue pass reader
pass
through the has
readers.
Lobbyregistered
You your
willwalk
and not be pass),
past able
the
continue
to use through
your the
permanent Lobby
pass and
on walk
the passpast the
readers
Tellers. This will ensure that your vote is included
Tellers.
until youThis will
have ensure
returned
in the Tellers’ count. that
your your
day vote
pass is
toincluded
the
in theOffice.
Pass Tellers’ count.

28
Debates and Voting

What happens in the


Chamber when there’s a vote?
• The Speaker ‘puts the question’ at the end of a • Divisions end with the declaration, usually by a
debate. MPs shout “Aye” or “No” and the whip, of “All out” to the tellers in each lobby,
Speaker says “I think the Ayes [or Noes] have it”. meaning there are no MPs still in the lobby
If this judgement is challenged by further shouts waiting to vote. If there’s a delay, the Speaker
of “No” [or “Aye”], the Speaker calls a division, may ask the Serjeant at Arms to investigate.
saying “Clear the lobby”.
• The tellers report the results to a clerk sitting in
• The division bells ring and the annunciators front of the Speaker in the Chamber. When the
display a green bell. tellers from both lobbies have reported the
results, a teller from the winning side announces
• The doorkeepers lock the exit doors to the
the result to the House. The Speaker repeats the
lobbies.
result and instructs the doorkeepers to unlock
• Four tellers (often whips) are appointed to count the doors to the lobbies.
the votes (one from the Ayes and one from the
Noes for each lobby).
• Two minutes after first putting the question, the
Speaker puts the question again (meaning the
Speaker repeats the phrase “The question is
that…”). If the Speaker’s judgement on the
outcome is not challenged (or if there are not
enough tellers), the division is called off. If two
tellers can’t be found for one side, the question
is decided in favour of the other. Otherwise, the
Speaker announces the names of the tellers.
Once they’re in place, the exit doors from the
lobbies are opened and MPs begin to pass out
of the lobbies.
• MPs record their names by tapping their pass
against one of the pass readers in the lobbies.
The two tellers for each lobby record the
number of those voting.
• Eight minutes after the question was first put,
the Speaker orders the doorkeepers to lock the
entrances to the lobbies. You can’t get in to vote
after that.

29
MPs’ Guide to Procedure

Mistakes in votes Pairing and


If you vote in the wrong lobby by accident nodding through
you can’t undo the vote, but you can Pairing is an arrangement between political
cancel its effect by crossing to the other parties, where two MPs one who would
lobby and voting on the other side, if you vote Aye and one who would vote No
have time. Remember to tap your pass – agree not to vote in a division. The
against the pass reader in the second lobby: arrangement is generally used in cases of
you’ll see a message asking you to confirm sickness or absence on parliamentary
that you wish to vote in both lobbies. Then delegations. These arrangements are
walk out of the lobby past the tellers. registered with the whips.
If your name has not been recorded, or you have any
If the tellers from both sides agree, an MP who is
problems using your pass, you should inform the
within the precincts of the Palace of Westminster but
Public Bill Office immediately by emailing pbohoc@
not well enough to vote in person, may be ‘nodded
parliament.uk. If your name needs to added, please
through’. This means their name is added to the list
say in your email which way you voted. The email
of those voting even though they haven’t gone
must come from your own parliamentary address.
through the lobby in person.
If the tellers incorrectly report the numbers, they
should report the error as soon as possible and Vote follows voice
ideally before the House has proceeded to the next
business. The Speaker will make a statement to the There is a rule that ‘vote follows voice’.
House and ask the Clerk to correct the numbers in This means that your call of “Aye” or “No”
the Journal (the record of the House’s decisions).
The division will be repeated if the mistake could
should match your vote in the division.
have reasonably made a difference to the result. If For example, if you call “No” when the
the tellers can’t agree on the numbers, the division question is put, you shouldn’t then vote Aye
has to be re-run. in the division.
If you have a point of order during a division, you
You may change your original call when the Speaker
should approach the Speaker and explain the issue.
puts the question a second time. There is no
Occasionally, the Speaker will rule that a division has obligation to vote if you’ve called one way but don’t
been ‘unnecessarily claimed’. This means that the want to record your vote in the division.
Speaker had decided that the forcing of repeated
Any objection that an MP has voted the opposite
divisions by a small number of MPs is an abuse of
way from the way they called should be made before
procedure and is intended to delay the business of
the numbers are reported by the tellers
the House.
if possible or, if not, immediately afterwards.
In these circumstances, after two minutes the
Speaker will call on those who support and then
on those who oppose the motion to stand up.
The Speaker will then either declare the result
without a division, or, if a division is needed, the
Speaker will name the tellers and the division will
proceed as usual.
30
Debates and Voting

Casting vote Deferred divisions


The Speaker or whoever is in the chair has a For certain types of business, after the
casting vote when there are equal numbers moment of interruption (the time at
on both sides in a division. which the main business must usually finish
– 10pm on Monday, 7pm on
By convention, the Speaker will make a decision
based on the following principles: Tuesday and Wednesday and 5pm on
Thursday), any division is deferred until
• where possible, the Speaker will vote for further
discussion the following Wednesday.
• if no further discussion is possible, important On that Wednesday, the questions to be decided
decisions should only be taken by a majority are listed on the Order Paper and a pink ballot paper,
which is available in the division lobbies. The ballot
• a casting vote on an amendment to a bill should
paper is also distributed with Wednesday’s Vote
leave the bill in its existing form.
Bundle, which you can get from the Vote Office.
Proxy voting You can vote in the No Lobby at any time between
11.30am and 2pm (with extra time if voting is
Proxy voting arrangements are available interrupted by ordinary divisions). As well as
to MPs who are new parents, who have recording your vote, you should sign your name
and write it in block capitals.
experienced complications relating to
childbirth, including bereavement, or are You can’t hand in a ballot paper for another MP.
You can’t try to record an abstention by ticking ‘Aye’
experiencing serious long-term illness and ‘No’. If you do this, you’ll be treated
or injury. You do not have to take up a as if you hadn’t voted at all.
proxy vote. The Speaker announces the result in the Chamber,
There is an expectation that Members making use of at a convenient moment.
the proxy voting arrangements will be away from the Deferred divisions are most commonly used for
parliamentary estate. Eligible Members should email motions on statutory instruments and on certain
the Public Bill Office (pbohoc@parliament.uk) for types of motion that can’t be amended. When a
more details on how to apply for, and exercise, a motion will be subject to a deferred division if it
proxy vote. takes place after the moment of interruption,
this will be noted on the Order Paper.

31
MPs’ Guide to Procedure

Ending a debate
Debates end when they run out • programme motions or allocation of time
of time or speakers – whichever motion, for a bill
happens first. • Business of the House motions for other
debates: these can be moved on a previous
Many debates last for a fixed time. This can be a day, earlier the same day, or at the moment
specific time at which the debate must end or a of interruption.
length of time it can continue for (for example,
three hours). This is indicated on the Order Paper. There are procedures you can use to try to end a
debate early. Moving the closure is relatively
Each day has a regular time when the main common. Other procedures – such as a dilatory
business usually ends. It’s called the moment motion, a motion to sit in private and the previous
of interruption. question – are rarer.
Certain types of debate have a length of time set Contact an expert
down for them in Standing Orders (the House’s
rules). For example, debates on delegated Contact: Table Office
legislation in the Chamber can last for up to an Phone: x3302
hour and a half. Alternatively, the House can Email: tableoffice@parliament.uk
agree motions to create a fixed time for
particular debates using:

32
Debates and Voting

Moment of interruption
The moment of interruption is a regular Sometimes there is no decision. This may be because:
time each day when the main business in • Time run outs and the debate is left unresolved
the Chamber usually finishes and the House • Time runs out, or the last speaker of the day
moves onto the half-hour adjournment finishes just before the moment of interruption,
debate. and another day is named for the continuation
of the debate. This happens during the debates
This happens at: on the King’s Speech and the Budget.

• Monday 10pm Certain types of debate – such as debates on Finance


Bills and statutory instruments– are ‘exempted
• Tuesday 7pm
business’, meaning they can continue, or start, after
• Wednesday 7pm the moment of interruption. The House can agree a
• Thursday 5pm Business of the House motion to exempt other types
of business from the moment of interruption. The
• Friday 2.30pm motion can be agreed by the House before the
After the moment of interruption, usually only debate, or can be moved at the moment of
business that’s unopposed can continue. interruption if it’s needed. A Business of the House
motion can allow a debate to continue indefinitely
(‘until any hour’) or for a specified time. The Business
WHAT HAPPENS AT
of the House motion will usually specify what
THE MOMENT OF INTERRUPTION
happens at the end of the debate: either it lapses
In most cases, a debate will be concluded by the
without a decision, or the Speaker will put the
House deciding on the matter being discussed. This
question for decision.
may happen in one of several ways:
If you’re unsure what will happen to a particular item
• The debate may be brought to an end shortly
before the moment of interruption. For example, at the moment of interruption, you can ask the Table
a minister replying to a debate on Office for advice.
the second reading of a bill may end their If a vote begins or is taking place at the moment of
speech just before the moment of interruption. interruption, it can be finished. If there are further
Then the Speaker will put the question and
questions that are related to the question that is the
the House will make a decision, by a vote
if necessary. subject of the vote, these questions can also be put
to a vote after the moment of interruption. For
• A Business of the House motion or programme example, if the House is voting on an amendment to
motion for a bill may require the Speaker to a motion at the moment of interruption, it can then
interrupt the debate and put the questions to be vote on the motion itself.
decided, by votes if necessary.
• An MP may successfully move a closure motion,
which means the debate ends immediately and
the Speaker puts the question on the matter
under discussion and asks the House to make
a decision on it, by a vote if necessary.

33
MPs’ Guide to Procedure

WHAT HAPPENS AFTER If the Speaker decides to put the question on the
THE MOMENT OF INTERRUPTION closure to the House, this happens immediately,
After the moment of interruption, remaining items without debate. If there’s a vote, the question on
on the Order Paper are decided formally, without the closure requires not just a majority but also at
debate. Generally, if they’re opposed, they can’t least 100 MPs voting in favour. If the closure is agreed
proceed. For some types of business, opposition to, the question that was being originally debated is
leads to a deferred division (a delayed vote) on the then put immediately and the House must decide on
next Wednesday. Such items include motions relating it. If the closure isn’t agreed to,
to statutory instruments that have already been the debate is resumed.
considered in a committee.
Closure motions can also be moved in general
The final item of the day is the half-hour committees, including public bill committees. The
adjournment debate. procedure is the same as in the Chamber, except that
instead of a majority and at least 100 MPs voting in
favour, you need a majority and at least the quorum
of the committee (usually a third of the committee’s
Closure motions membership) voting in favour.
A closure motion is a way of ‘jumping You can’t move the closure in Westminster Hall.
ahead’ one step in the current proceedings. The ‘Golding’ closure (named after a former MP, the
The most common type of closure motion late John Golding) is used when an MP is moving a
(the ‘ordinary’ closure) is used when a motion or amendment at the start of the debate. If
it’s agreed, the mover’s speech ends and the Speaker
debate is in progress. If it’s agreed, the proposes the question, which opens up the debate to
debate ends immediately and the Speaker other MPs. The Golding closure is rare.
puts the question on the matter under
discussion and asks the House to make a
decision on it.
Closure motions are mostly commonly used during
Opposition day debates and on Private Members’ Bill
Fridays. They’re used to try to get a decision on a
motion that would lapse without a decision if an MP
were still talking when the debate was due to end.
If you move the closure, the Speaker has discretion
over whether to put it to the House for a decision,
and may decide that the subject has not been
adequately debated or that the closure would
infringe the rights of the minority.

34
Debates and Voting

How to
move the closure
Step-by-step:
These steps are for you as an MP rather than your staff.

In the Chamber, you can move the closure at any time. The only exception
is in Committee of the whole House when a member of the Panel of Chairs
is in the Chair, rather than one of the Deputy Speakers.

STEP 1
If you plan to move the closure, it would be STEP 3
helpful to let the Speaker know in advance, but
it’s not obligatory. The Speaker will decide whether to put the
question on the closure to the House. The
Speaker will take into account the length and
STEP 2 range of the debate. If the Speaker decides not
to put the question on the closure to the House,
If another MP is speaking, you can interrupt the debate is resumed at the point at which it
them. Stand in your place and say “I beg to was interrupted.
move that the question be now put” (or for the
Golding closure – which you use when the
mover of a motion or amendment hasn’t finished STEP 4
his or her speech – “I beg to move that the
question be now proposed.”) If the Speaker puts the question on the closure
to the House and there’s a vote, as well as a
majority, you will need at least 100 MPs to vote
in favour of the motion for it to be agreed. If the
closure motion is agreed, the question that was
originally being debated is then put immediately
for a decision. If the closure motion is not
agreed, the debate resumes at the point at
which it was interrupted.

35
MPs’ Guide to Procedure

Dilatory motions
A dilatory motion ‘adjourns’ a debate, After you move a dilatory motion, one of three
or an entire sitting – that is, ends it things will happen:
immediately without a decision being made • The Speaker will decide that the dilatory motion
on the question under consideration. is an abuse of the rules of the House and will
not put the question to the House for a decision.
Dilatory motions are rare and tend to succeed only The original debate will continue.
when some new development, or a failure of process
• The Speaker will put the question on the dilatory
(like key papers being unavailable) would make it
motion to the House for an immediate decision.
pointless to continue the debate.
If the dilatory motion is agreed, the debate (or
If you want to stop only the current debate, you say, sitting) will be adjourned. If it’s not agreed, the
“I beg to move that the debate be now adjourned.” original debate will continue.
You can also move “that further consideration of the
• The Speaker will allow MPs to debate the
bill [or of the Lords amendments to a bill] be now
dilatory motion. Debates on dilatory motions are
adjourned.” If you want to end the day’s sitting, you
strictly limited to the question of whether the
say, “I beg to move that the House (or the
debate (or House, or committee) should adjourn,
committee) do now adjourn”.
and you shouldn’t continue arguments from the
You can only move a dilatory motion if: debate that was interrupted. When no more
MPs want to speak, the Speaker will put the
• the business you want to adjourn is already
question on the dilatory motion to the House for
underway
a decision. If the debate is still in progress at the
• you’re speaking (you can’t interrupt another moment of interruption, the dilatory motion
MP’s speech to move a dilatory motion) lapses.
• you haven’t already moved a dilatory motion You can move a dilatory motion in a general
during the debate committee, such as a public bill committee.
The Chair’s options for handling the motion
are the same.

36
Debates and Voting

Previous question Motion to sit in private


The previous question is a form of dilatory Private sittings are extremely rare – the most
motion, which is moved to prevent the recent being an accidental instance in 2001.
House from taking a decision on the matter There is a reasonable expectation that the
currently being debated. House conducts its business in public
without very good reason not to.
To move the previous question you need to say,
“I beg to move that the question be not now put”. Unsuccessful motions to sit in private are, however,
You can move the previous question at any time relatively common, particularly on Fridays, due to
during a debate, but you must already be speaking their effect on business. If fewer than 40 MPs
at the time – you can’t interrupt another MP to move (including the Chair and four tellers) participate
the previous question. in a vote, any debate interrupted by this vote ends.
The motion on the previous question can be A motion to sit in private can therefore be used on
debated, however, the Speaker may refuse to Fridays, when the House tends to be quieter, to try
propose the question or put it forthwith if in his to stop a Private Member’s Bill progressing. Because
view the attempt to move it is an abuse of the rules a motion to sit in private can only be moved once
of the House. during a sitting, MPs who support the Private
Member’s Bill sometimes move the motion to sit in
If the motion on the previous question is agreed, the private at the beginning of the day on a Friday to
debate that it interrupted ends without a decision prevent someone else from moving it later.
and the House moves on to the next item on the
Order Paper. You can move a motion to sit in private at any time,
provided nobody has already done so that day. You
If the motion isn’t agreed, the original question can interrupt another MP to do so. You stand and
that was being considered when the debate was say, “I beg to move that the House do now sit in
interrupted must immediately be put to a decision. private.” The Speaker then asks the House to decide
The previous question can’t be moved in general whether to sit in private.
committees, such as public bill committees, or in A motion to sit in private, if agreed, means that:
a Committee of the whole House.
• members of the public have to leave the galleries
and
• all broadcasts end
Only Members of either House and relevant
Commons staff can attend a private session. Hansard
doesn’t produce a transcript. Only the record of
decisions (the Votes and Proceedings) is published.
You can move a motion to sit in private in a general
committee, such as a public bill committee. The
procedure is the same as for the Chamber.
You can’t move a motion to sit in private in
Westminster Hall.

37
MPs’ Guide to Procedure

General debates
During the last half hour or so, the Speaker will
General debates consider neutrally usually call a second front bencher from the official
Opposition, followed by the minister to respond to
worded motions that usually begin, the debate.
“That this House has considered”.
If the debate finishes before its scheduled end time,
They let MPs debate a subject because everyone who wanted to speak has done so
without committing the House to or because someone has successfully moved the
an opinion or course of action. closure, the House decides whether to agree the
motion. There may be a vote. As the motion isn’t
You can’t amend general debate motions. calling for action or expressing an opinion, the
You can vote for or against them principal purpose of having a vote would be to show
(except in Westminster Hall debates). concern about the topic or how it’s being dealt with.
If the general debate is still underway at its
scheduled end time, the motion before the House
What happens in the lapses, and the debate ends without the House
taking any decision on the motion.
Chamber in a general debate
A general debate in Government time Timings of general debates
begins with a minister moving the motion. Start times for general debates are not fixed
When the minister has finished, the Speaker and depend on the business before the
will propose the question “That the House debate begins, including Question Time,
has considered…[subject]”. and any urgent questions or
At that point, the debate begins. oral statements.
The Speaker will usually call a frontbencher from the The debate will be for a fixed time (either a set
official Opposition, a backbencher from the number of hours or until the usual finish time for
Government side, and a frontbencher from the third main business, which is 10pm on a Monday, 7pm on
largest party to make speeches next. The Speaker a Tuesday or Wednesday, or 5pm on a Thursday).
will then seek to call MPs from each side of the
House in turn. You can seek to make a speech.
There’s no fixed time limit for speeches, but the
Speaker may set one if lots of MPs want to speak.

38
Debates and Voting

Substantive motions
A motion is substantive if it calls for
action or expresses an opinion.
Most substantive motions are tabled by the Only amendments that the Speaker selects can
Government, and by Opposition parties in be discussed and decided on by the House.
Opposition day debates. The only way for The Speaker will tell the House at the beginning
a backbencher to hold a debate on a substantive of a debate whether any amendments have
motion is by applying to the Backbench Business been selected. The Speaker can’t give reasons
Committee for a debate in the Chamber. and the decision can’t be challenged.
You can try to change the wording of a At the end of the debate, the House will be
substantive motion by tabling an amendment asked first to decide whether to agree any
to it in the Table Office. If you want to add your amendment(s), and then whether to agree the
name to another MP’s motion or amendment, motion (as amended, if it’s been amended).
you can do this in the Table Office too.

39
MPs’ Guide to Procedure

How to
submit an amendment
to a substantive motion
Step-by-step:
These steps are for you as an MP, although
your staff can help you with steps 1 and 2.

STEP 1
Find the text of the motion. Once it has been STEP 3
tabled, it will be in the Future Business section of
the Order Paper. If you can’t find the motion in Take the amendment to the Table Office, who
the Order Paper, you can go to the Table Office will check whether it’s in order. They can advise
and ask to see the text. you on alterations. Another MP can take the
amendment to the Table Office on your behalf.
The deadline for tabling your amendment is the
STEP 2 time the House finishes meeting on the day
before the debate, but if possible you should
Write your amendment. The wording is: “to submit it well in advance, so that it appears on
leave out [the words you want to omit from the the Order Paper, where other MPs can see it and
motion] and insert [your words]”, or, if you want add their names to it.
to leave out more than six words, “from ‘x’ to ‘y’
and insert [your words].” The amendment must:
✔ be relevant to the original motion
STEP 4
✔ not achieve the same effect as voting against Once the Table Office has accepted your
the motion amendment, it has been tabled.
✔ not be unintelligible, ungrammatical, vague,
or mocking
STEP 5
If the Speaker selects your amendment, you will
need to move the amendment in the Chamber.

40
Debates and Voting

How to
move an amendment
to a substantive
motion in the Chamber
Step-by-step:
These steps are for you as an MP, rather than your staff.

STEP 1
Either at the beginning of the debate or once the STEP 3
MP moving the motion has finished their speech,
the Speaker will announce whether any Sometimes a Business of the House motion will
amendments have been selected. If your allow amendments to be moved formally at the
amendment has been selected, when you are end of the debate, in which case you speak to
called to speak, you move the amendment at the your amendment but don’t move it formally. If
start of your speech by saying, “I beg to move you’re not sure whether this applies in your case,
the amendment in my name.” If you aren’t there, you can ask the Table Office.
another MP can move it for you.

STEP 2
When you’ve finished your speech, the Speaker
will propose the amendment to the House by
saying, “Amendment proposed as on the Order
Paper.” The debate then becomes a debate on
your amendment (and any other amendments,
including amendments to your amendment, that
the Speaker has selected), rather than on the
motion, though in practice the motion is
discussed too.

41
MPs’ Guide to Procedure

Manuscript amendments The Speaker will call any other MPs who want to
speak to the motion, including any MPs who’ve
to substantive motions tabled amendments to it that the Speaker has
selected. If you’ve tabled an amendment that’s been
In exceptional circumstances, if there are selected, you should start your speech by saying,
reasons why it wasn’t possible to table an “I beg to move the amendment in my name on the
amendment to a substantive motion before Order Paper.”
the deadline – if, say, information that made There’s no fixed time limit for speeches, but the
the amendment desirable came to light only Speaker may set one if lots of MPs want to speak.
on the day of the debate – you can submit During the last half-hour or so, the Speaker will
a manuscript amendment on the day. usually call another a second spokesperson from the
official Opposition, followed by the minister to sum
To do this, speak to Table Office, or to the clerks up the debate.
sitting at the table in front of the Speaker in the
If there’s a Business of the House motion relating to
Chamber, who will advise you on whether your
the debate, this will usually set out how the debate
manuscript amendment is in order. If it is, and the
will be brought to an end. It can allow for the
Speaker selects it, the Speaker will call you to move it
Speaker to put the questions on any amendment(s)
and give a speech in support of it.
and the main motion after a certain period or at a
Manuscript amendments are not usually selected. certain time. There may be votes.
If there’s no Business of the House motion, the
debate will often finish just before the moment of
What happens in the interruption, to enable MPs to take a decision on any
Chamber with a amendment that’s been moved and the main
motion. There may be votes. If there’s no Business of
substantive motion the House motion, and the debate is still underway
at the moment of interruption, it is interrupted. This
The Speaker will call one of the MPs who means MPs can’t decide on any amendment(s) or the
tabled the substantive motion to move it main motion.
and make a speech. In the case of a debate
on a substantive motion in Government
time, this will always be a minister. Timings of debates
The Speaker then proposes the question. At that
on a substantive motion
point, the debate begins. Start times for debates on substantive
The Speaker will usually call a frontbencher from the motions are not fixed and depend on the
official Opposition, a backbencher from the business to be done before the debate
Government side, and a frontbencher from the third
begins, including Question Time, and any
largest party to make speeches early in the debate.
urgent questions or oral statements.
Debates on substantive motions will usually be for a
fixed time (either a set number of hours or until the
usual finish time for main business, which is 10pm
on a Monday, 7pm on a Tuesday or Wednesday, or
5pm on a Thursday).
42
Debates and Voting

Opposition day debates


If the Government has tabled an amendment to the
Twenty days in each session are Opposition’s motion, and the Speaker has selected it
set aside for debates on subjects (the Speaker will tell the House whether that is so at
the beginning of the debate), a minister makes the
the Opposition choose. The next speech, and opens by saying,
Leader of the Opposition gets “I beg to move the amendment in my name on the
17 days. The other three days are Order Paper”.
allocated to the third largest After the minister’s speech, the Speaker proposes the
party in the House. question. In most debates in which the House is
considering amendments, the question would be
If a session lasts longer than a year, the “That the amendment be made”, but on allotted
whips may agree on a further number of Opposition days, it is “That the original words stand
Opposition days. And the Government may part of the question”. This allows the House to
provide further ‘unallotted’ Opposition days, discuss and vote on the Opposition’s motion as well
even in a normal year-long session. Some of as the Government’s amendment. Otherwise, the
these might be used for the smaller parties. Government’s amendment would be decided first,
On full Opposition days, the Opposition may and if it was agreed, that would prevent the
decide to use the time available for a single Opposition voting on their own motion. The same
debate, or for two debates on different rule does not automatically apply to unallotted
subjects. When there are two subjects, the Opposition days but may be applied by means of a
time is roughly split in half. Business of the House motion. It also does not apply
when a Government amendment only either adds to
or deletes part of the Opposition motion, but does
not do both.
A spokesperson from the third largest party (or the
What happens in the official Opposition if the debate is being held by the
third largest party) is likely to be called next.
Chamber on Opposition days
Then the Speaker will call backbenchers to make their
START OF DEBATE speeches. If there are a lot of them, the Speaker may
impose a time limit.
An Opposition frontbencher speaks first, and begins
by moving the motion, saying “I beg to move the
motion standing in my name on the Order Paper.”

DEBATE AND AMENDMENTS


If the Government has not tabled an amendment
to the Opposition’s motion, the Speaker proposes the
question and the House proceeds to debate
the motion. A minister will usually make the
next speech.

43
MPs’ Guide to Procedure

END OF DEBATE Timings of Opposition days


At the end of the debate, there are usually final
speeches by a second frontbencher from the The finish time of Opposition day debates is
Opposition and a minister. fixed at the usual finish time for main
If the debate finishes before its scheduled end time, business of 10pm on Mondays, 7pm on
the Speaker will put the question. If the Government Tuesdays and Wednesdays, and 5pm
has tabled an amendment, there are two questions to
on Thursdays.
be decided.
The first to be put is “That the original words stand Start times are more variable, depending on two
part of the question”. This means that the motion the things. First, Opposition days begin after other
Opposition moved is put for a decision. This can be business to be dealt with that day is finished,
done with or without a vote. including Question Time, and any urgent questions
or oral statements.
If the question is agreed, then the House moves on to
the next item on the Order Paper. Secondly, the Opposition may decide to use the time
available for a single debate, or for two debate on
If it’s not agreed, then the second question will be put different subjects. When there are two subjects, the
by the Speaker – this time “That the proposed words time is roughly split, with the first typically ending at
be there added”. This one asks the House to decide on approximately 7pm on Mondays, 4pm on Tuesdays
the Government’s amendment to the Opposition’s or Wednesdays, and 2pm on Thursdays (or earlier, if
original wording. Again, it can be decided with or there are no more MPs to speak), and the second
without a vote. following on.
If the debate is still continuing at its scheduled end There can be a vote on the first debate. Votes take
time, the Speaker does not put the question, and the about 15 minutes each, so one or two of them will
debate is adjourned, without a decision or a vote. To reduce the time available for the second debate,
avoid this, the Opposition may, if there’s only a minute which has a fixed finish time.
or so to go, move a closure motion – in other words, a
motion that the debate ends there and then. If the Occasionally, there are Opposition half-days. In these
Speaker accepts a closure motion, and the House cases, a Business of the House motion agreed in
agrees it, the House proceeds immediately to a advance usually sets out how long the debate can
decision on the Opposition’s motion and any last. It’s typically three hours.
Government amendment.

44
Debates and Voting

Humble address
and Opposition days
The Opposition sometimes table a motion
in the form of a humble address on
Opposition days. A humble address is a
message to the King. It’s used, among
other things, to call for papers from
departments headed by a Secretary of State.
It can be debated, amended and voted on like any
other motion.
Humble addresses, if agreed, are understood to be
binding on the House.

45
MPs’ Guide to Procedure

Adjournment debates
You can apply to hold a half-hour Ministers can’t apply for adjournment debates.
adjournment debate at the end of Principal Opposition frontbenchers shouldn’t
ordinarily apply. Other Opposition frontbenchers
any day the House is meeting. can, as long as the debate isn’t on a subject on
Applications are submitted via the which they are the spokesperson. You can ask
Table Office and a ballot is held by the Table Office for advice if you’re unsure
the Speaker’s Office. The debate whether you can apply.
can be on any subject for which the Adjournment debates are held on the motion
Government is responsible, as long “that the House do now adjourn.” In other
words, once the question is put and agreed to,
as your main aim is not to call for the House will stop for the day.
legislation. After your speech, a
On the last sitting day before a recess, there’s
minister will respond. often a longer debate in the Chamber on the
question “That this House has considered
matters to be raised before the forthcoming
adjournment.” If you’re a backbencher, you can
speak on any subject for which the Government
is responsible. At the end of the debate, a
minister, often the Deputy Leader of the House,
responds. Strictly speaking this is a debate on a
general motion, rather than an adjournment
debate, because the motion doesn’t call for the
House to adjourn.

46
Debates and Voting

How to apply for an


adjournment debate
Step-by-step:
You or your staff can complete these steps, but if your staff perform
step 3 your handwritten signature is required.

STEP 1
Decide when you’d like to hold your debate. STEP 3
The deadline for submitting applications is
Wednesday at 7pm (or the time the House Take your application form to the Table Office in
finishes, if that’s earlier) for adjournment person, or ask another MP to take it for you. Or
debates on the following Tuesday to the email it from your parliamentary email account
Monday after that. to tableoffice@parliament.uk. Or sign the
application form and ask your staff to take it to
the Table Office (photocopied, stamped or faxed
STEP 2 signatures can’t be accepted).

You can apply electronically via MemberHub or


by filling in an application form (download an
application form from the intranet or get a hard
STEP 4
copy from the Table Office). If using an The Table Office will contact you if there’s a
application form, tick the box to specify that you problem with your application. If you don’t
want to apply for an adjournment debate (the hear, you can assume your application has
same form is used for Westminster Hall debates). been entered into the ballot held by the
The form asks: Speaker’s Office.
✔ which week’s ballot you want to enter and
whether there are any dates to avoid
✔ for the debate’s title (which should make it STEP 5
clear what the debate is about and be The Speaker’s Office will contact you after noon
neutrally worded) on Thursday if you’re successful in the ballot. If
✔ which department you propose should you’re not, you may want to resubmit your
answer the debate (the Table Office can help application for a subsequent week.
if you’re not sure)
✔ whether you intend to raise individual cases
where legal proceedings, including inquests,
might be active

47
MPs’ Guide to Procedure

What happens in Speaking in another MP’s


the Chamber in an adjournment debate
adjournment debate If you’re a backbencher who wants to make
The Speaker will call a whip to move a speech in another MP’s adjournment
“That this House do now adjourn”. The debate:
Speaker will then call you to speak. • before the debate, ask permission from the
MP whose debate it is and the minister
Adjournment debates are intended to be an responding (the Government Whips Office
exchange between you and the minister. Other MPs will know who this is)
may intervene in your speech, if you let them, but
• if they agree to your making a speech, let the
they should not make a speech of their own unless Speaker’s Office know in a brief letter or
they’ve been given permission in advance by you and short email
the minister.
• during the debate, when the MP whose debate
There’s no time limit for your speech, but you might it is has finished speaking, stand up so that the
want to divide the available time equally between Speaker knows that you still want to be called to
you and the minister. You can’t make another speech speak.
at the end of the debate.
You don’t need to seek anyone’s permission in
If the adjournment debate finishes before the time advance if you just want to intervene in the debate.
allocated for it has run out, the Speaker will put the
If an adjournment debate starts very early, and so is
question, “That this House do now adjourn.” Then
longer than usual, the Speaker may call MPs to speak
the House adjourns.
who haven’t taken these steps.
If the minister is still speaking when time for the
Opposition frontbenchers may not intervene or make
debate runs out, the Speaker stops the minister and
a speech in these debates.
adjourns the House without putting the question.

Timings of adjournment
debates
If the debate begins on or after the moment
of interruption (the time when the
Chamber’s main business usually ends) it
can run for 30 minutes.
If the debate begins before the moment of
interruption, it can continue until 30 minutes after
the moment of interruption. Be prepared for a
second or two of disruption at the moment of
interruption: the motion automatically lapses at that
point, so the whip stands up and again moves, “That
this House do now adjourn”. Then the debate
continues.

48
Debates and Voting

Westminster Hall debates


You can apply to hold a 30, 60 or YOU CAN’T VOTE ON, OR TABLE
AN AMENDMENT TO, A MOTION
90-minute debate in Westminster
IN WESTMINSTER HALL.
Hall on Tuesday and Wednesday. Debates are held on:
Applications are submitted via the
• Monday from 4.30pm to 7.30pm. This time
Table Office and the Speaker’s Office is allocated for debates on petitions on
holds a ballot. The debate can be on subjects chosen by the Petitions Committee.
any subject for which the • Tuesday and Wednesday from 9.30am to
Government is responsible, as 11.30am and from 2.30pm to 5.30pm.
long as your main aim is not to call These times are broken up into a mixture of
for legislation. 30, 60 and 90-minute slots.
• Thursday from 1.30pm to 4.30pm. This time
You can also speak in Westminster Hall debates.
is allocated to debates sponsored by the
For the 30-minute debates, you need the
Backbench Business Committee or the
permission of the MP whose debate it is and
Liaison Committee (on select committee
the minister. For 60 and 90-minute debates, you
reports).
should follow the usual process of writing to the
Speaker in advance and then standing to indicate Ministers can’t apply for Westminster Hall
to the Chair that you want to speak. The debates debates. Principal Opposition frontbenchers
are chaired by members of the Panel of Chairs, shouldn’t ordinarily apply. Other frontbenchers
who are MPs appointed by the Speaker for can, as long as the debate is not on a subject on
this purpose. which they are the spokesperson. You can ask
the Table Office for advice if you’re unsure
Westminster Hall debates are held in the
whether you can apply.
Grand Committee Room off Westminster Hall.
All debates here are on neutrally worded,
general motions that begin “That the House
has considered”.

49
MPs’ Guide to Procedure

How to apply for a


Westminster Hall debate
Step-by-step:
You or your staff can complete these steps but if your staff perform step 3
your handwritten signature is required.

STEP 1 STEP 2 (continued)


Check the rota. Departments answer debates in ✔ whether you’re intending to raise individual
Westminster Hall according to a rota that is cases where legal proceedings, including
published in the Announcements section of the inquests, might be active
Order Paper. You need to hold your debate in a
week when the department that you want a
response from is answering. The deadline for
submitting applications is Monday at 10pm STEP 3
(or the time the House finishes, if that’s earlier) Take your application form to the Table Office in
for Westminster Hall debates in two weeks’ time. person, or ask another MP to take it for you. Or
email it from your parliamentary email account to
tableoffice@parliament.uk. Or sign the
STEP 2 application form and post it or ask your staff to
You can apply electronically via MemberHub or take it to the Table Office (photocopied, stamped
by filling in an application form (download an or faxed signatures can’t be accepted).
application form from the intranet or get a hard
copy from the Table Office). If using an
application form, tick the box to specify whether STEP 4
you want to apply for a 30, 60 or 90-minute
Westminster Hall debate (you can apply for two The Table Office will contact you if there’s a
types of Westminster Hall debate, plus an problem with your application. If you don’t
adjournment debate in the Chamber, in any one hear, you can assume your application has
week – the three debates can be on different been entered into the ballot held by the Speaker’s
subjects). The form asks: Office.

✔ which week’s ballot you want to enter and


whether there are any dates to avoid STEP 5
✔ for the debate’s title (which should make it
The Speaker’s Office will contact you on the
clear what the debate is about and be
Tuesday morning after the Monday deadline if
neutrally worded)
you’re successful in the ballot. If you’re not, you
✔ which department you propose should may want to submit an application for a
answer the debate (the Table Office can help subsequent week.
if you’re not sure)

50
Debates and Voting

What happens in a
Westminster Hall debate
The Chair calls the MP whose debate it is If the debate finishes before its scheduled end time,
to make an opening speech. If it’s your the Chair puts the question and asks MPs to decide
on the motion. The motion is almost always agreed.
debate, at the start of your speech, you There can’t be a vote in Westminster Hall, so if MPs
must move the motion by saying, “I beg to shout “No” when the Chair puts the question, the
move that the House has considered Chair reports the fact to the House and the question
[subject of debate]”. is undecided. It’s possible for the question
subsequently to be put to the House for decision
In a 30-minute debate, the minister will reply straight without further debate (in the past the Backbench
after your speech, unless a backbencher has got Business Committee has found time for this), but it
permission from you and the minister to give a doesn’t automatically follow that this will happen.
speech after you. Opposition frontbenchers can’t
If an MP is still speaking when the time for the debate
take part in these debates.
runs out, the motion lapses, and the Chair adjourns
In 60 and 90-minute debates, the Chair will then the debate without asking MPs to make a decision on
call MPs in the following order: the motion.
• the MP whose debate it is to make an If you have a 30-minute debate, and the previous
opening speech debate ends early, your debate can start a few
• backbenchers minutes early, as long as the minister is present and
the Chair agrees. It can carry on until the time it was
• frontbencher from the third largest party
expected to end.
to sum up
• frontbencher from the official Opposition
to sum up
• the minister to respond
• the MP whose debate it is to sum up
(if there’s time)
If lots of MPs want to speak, the Chair may put a
time limit on speeches once the opening speech is
over. Time limits don’t apply to the Opposition
frontbenchers or the minister. But there is a
convention that, in 60-minute debates, the two
largest Opposition parties will have five minutes each,
and the minister 10 minutes, and in 90-minute
debates, the two largest Opposition parties and the
minister each get 10 minutes.
If there’s a vote in the main Chamber during a
Westminster Hall debate, the time taken up is added
on to the end of the debate. Any debate that follows
immediately after it will start and finish later too.

51
MPs’ Guide to Procedure

How to apply for a debate


electronically
Step-by-step:
These are the steps to follow for applying for an Adjournment
or Westminster Hall debate using MemberHub.

STEP 1
• Go to frontpage of MemberHub
STEP 2
• Under my services go to submit new item • If your debate relates to legal proceeding,
select Yes and enter details of these
• Select Debate option
• If you wish to register an interest,
• Enter debate title: (your title must make it
select Register an Interest option and
clear what the debate is about, be neutrally
enter details
worded and be linked to an issue or area for
which the Government has responsibility). • Enter any dates or times that you are
unavailable for a debate, if applicable
• Select Chamber for Adjournment debate
or Westminster Hall • Select the Government Department to
which your debate relates
• Select a duration of debate – all
Adjournment debates are for 30 minutes.
• For Westminster Hall pick either 30mins or STEP 3
60mins or 90mins or 30mins & 60mins or
60mins & 90mins • You will be taken to a screen summarising
the details of your debate application
• Select the week you wish to apply for
• If you need to correct any details,
• For debates in Westminster Hall, the
Go Back, or if correct press Submit
Government Department to which your
debate relates, must be due to answer in • You will be able to view your pending
the week you select. You can check the application and check on its status under
departmental answering rota in the Search for an Item and Debates – this
Announcement section of the Order Paper. takes you to the debates dashboard
• Repeat the above process, if you wish to
apply for a new debate or apply for the
same debate in a future week

52
Debates and Voting

Backbench Business
Committee debates.
You can apply to the Backbench The Committee can grant:
Business Committee to hold a • Three-hour or full-day debates in the
Chamber. These can be on a general or
debate. The Government sets aside substantive motion. These debates often
time in the Chamber and take place on a Thursday.
Westminster Hall for debates led by • 90-minute (on a Tuesday or Thursday) or
backbenchers (MPs who aren’t 90 minute or three-hour (on a Thursday)
ministers, shadow ministers or debates in Westminster Hall on a general
motion. Other Westminster Hall debates
parliamentary private secretaries). are granted by the Speaker’s Office.
The Backbench Business Committee
is a select committee that hears and
decides on backbenchers’ requests
for that debating time.

53
MPs’ Guide to Procedure

How to
apply for a Backbench
Business Committee debate
Step-by-step:
These steps are for you as an MP, although your staff can help with step 1.

STEP 1
Fill in an application form available from the STEP 2
Backbench Business Committee’s website or
contact the Committee for a hard copy). The Committee speaks to applicants at its public
The form asks: sittings, which are on sitting Tuesdays at 4.15pm.
Email your form to bbcom@parliament.uk by
✔ The names of the MPs submitting the 2.30pm on the Friday before the Tuesday on
application (you can submit a joint which you want to support your application.
application with up to two other MPs).
✔ The title of the debate, expressed briefly and
in neutral terms. STEP 3
✔ What type of debate you’re applying for When you have submitted your form, you and
(a general debate in the Chamber or any co-applicants will be invited to attend the
Westminster Hall, or a debate on a Committee’s next public sitting to speak briefly
substantive motion in the Chamber). in support of your application. The Committee’s
If you’re applying for a debate on a website has more information about what
substantive motion, you will need to supply happens at Committee sittings.
the text of the motion.
✔ The length of the debate you want
(90 minutes, 3 hours or 6 hours). STEP 4
✔ A list of MPs who wish to speak in your The Committee will be in touch once it decides
debate. The Committee considers this list on your application.
when deciding whether your debate will fill
the time slot that you have asked for.
The Committee prefers it if MPs who want
to take part are from a spread of parties,
and have a range of opinions on the
debate subject.
✔ The reason for the debate. If you have a
reason for wanting the debate in a particular
week or month you should make this clear.

54
Debates and Voting

What happens in a backbench Timings of backbench


business debate in the business debates
Chamber If your debate is in the Chamber, it will not
If you secured the debate, you make the start until preceding business, such as
first speech and start it by moving the Question Time and any urgent questions,
motion, saying, “I beg to move the motion oral statements or Select Committee
in my name on the Order Paper” or reading statements, have finished, and it must end
out the motion. Your speech should last at the usual finish time for main business
no longer than 10-15 minutes. If you are (10pm on Mondays, 7pm on Tuesdays and
unable to attend, a co-signatory can move Wednesdays, and 5pm on Thursdays).
the motion. If there is a lot of preceding business, the
time for your debate may be shorter than
After your speech, other backbenchers will be called
to speak. If lots of MPs want to take part,
you expected.
the Speaker may impose a time limit, but only after If your debate is in Westminster Hall, the time for
your speech. your debate is protected. Business elsewhere in the
The final speeches in the debate will often be by the House can’t eat into your time and if there’s a vote in
official Opposition frontbencher and then the the Chamber, this time will be added on to the
minister, although they might speak earlier. You debate. Backbench business debates in Westminster
can give a short second speech at the very end of Hall take place on Tuesdays from 9.30am to 11am
the debate if there’s time. It should last no more and Thursdays from 1.30pm to 4.30pm.
than 2 minutes.
If an MP is still speaking at the scheduled end time,
the motion lapses and the House moves on to the
next item on the Order Paper without making any
decisions on the motion.
If the debate finishes before the scheduled end time,
the Speaker asks MPs to decide on the question
before the House.
If the motion is general – that is, neutrally worded –
MPs will generally agree it without a vote, although
a vote is still possible.
If the motion is substantive, the Speaker will first ask
the House to decide on any amendments to the
motion. There might be a vote. The Speaker will then
ask the House to agree the motion (as amended, if it
was amended). Again there might be a vote.
Backbench Business Committee debates in
Westminster Hall follow the usual pattern for
Westminster Hall debates.
55
MPs’ Guide to Procedure

Emergency Debates
Any MP can apply to the Speaker for The matter to be debated must be:
an emergency debate in the Chamber. • urgent: requiring a rapid response from
They are sometimes called Standing Government and debate in the House, and
with no prospect of it being brought before
Order No. 24 debates – after the rule the House in time by other means
that sets this out. Emergency debates
• important: of evident national importance,
are held on a neutrally phrased or of dramatic regional or local importance,
general motion, which usually starts, such as a major plant or facility closure or
natural disaster
“That this House has considered the
matter of” [subject of debate]. • specific: allowing for a focused debate on
a closely-defined matter rather than one
The process involves two stages. First, you covering several disparate concerns.
apply to the Speaker to ask for the opportunity
The Speaker also considers the extent to
to make a speech of up to three minutes in the
which the matter engages or potentially
Chamber, setting out your reasons why the
engages ministerial responsibility.
debate should be held. If the Speaker grants you
this opportunity, you make the speech the same Emergency debates can be up to three
day. After your speech, the Speaker decides hours long.
whether to ask the House to grant the
emergency debate. If the Speaker decides to
put your application to the House and the House
agrees it, the debate can happen immediately,
but usually takes place the next day the House
is meeting.

56
Debates and Voting

How to
apply for an emergency
debate
Step-by-step:
These steps are for you as an MP, rather than for your staff.

STEP 1
Send a brief letter or email to the Speaker’s STEP 3
Office, saying that you want to apply in the
Chamber that day for an emergency debate, and If your request to have your application heard is
giving the subject of the debate. You should do agreed to, the Speaker will call you to make a
this as soon as you can, and preferably well speech of up to three minutes in favour of the
before the deadlines, which are: emergency debate. You will make your speech on
the same day as the application, after oral
✔ Monday: 11.30am questions and any urgent questions or oral
✔ Tuesday and Wednesday: 10am statements. You should start your speech by
saying “I seek leave to propose that the House
✔ Thursday: 8.15am debate a specific and important matter that
You can’t apply for an emergency debate on should have urgent consideration, namely…[use
a Friday. You might instead consider applying the description that has been agreed with the
for an urgent question. You can’t apply for Speaker’s Office].”
an emergency debate and an urgent question
on the same subject on the same day.
STEP 4
STEP 2 After your speech, the Speaker decides whether
to put the application to the House. If the
The Speaker’s Office will call you to let you know Speaker decides not to do this, nothing further
whether the Speaker has agreed to your request happens and the House moves on to its next
to put your case to him in the Chamber that day. business, and you should not question this
If the Speaker doesn’t agree, no public reference decision. Otherwise, the Speaker will ask whether
should be made to that decision. you have the leave of the House to move a
motion to the debate the matter. If there are any
objections, the Speaker will ask MPs who support
the debate to stand up. The support of at least
40 MPs is needed for the debate to take place. If
between 10 and 40 MPs stand, the House votes
on whether to hold the debate. If fewer than 10
MPs stand, the Speaker announces that leave has
been refused.

57
MPs’ Guide to Procedure

STEP 5 What happens in the Chamber


If leave is granted, the Speaker announces, either
in an emergency debate
straight away or later that day, when the debate
will be and how long it will last (a maximum of The Speaker will call the MP who requested
three hours). It’s sometimes held on the same the debate to make the first speech. If this
day, but normally on the next day the House is is you, you start your speech by saying,
meeting. If the emergency debate is held on the
same day, extra time is provided for other “I beg to move,” and then you read out the
planned business, so the sitting might be longer motion and make your speech.
than expected. If it’s held on the next day, no
extra time is automatically provided. A minister and Opposition frontbenchers from the
two largest Opposition parties will speak in the
debate. The Speaker may call them next, and then
other MPs who want to speak. If lots of MPs want to
speak, the Speaker may impose a time limit, but not
until after your opening speech.

You can make another short speech at the end


of the debate to sum up.
If the debate ends before the scheduled end time,
the Speaker will ask the House to decide on the
motion, with or without a vote.
If an MP is still talking at the scheduled end time for
the debate, the motion lapses, and the House moves
on to the next item of business without deciding on
the motion.

58
Debates and Voting

Grand committees
Grand committee meetings have You will know when a meeting is planned,
become much less frequent since because the Government will move a motion in
the Chamber asking the House to agree when
the devolution of powers to the and where the next meeting will take place, and
Welsh Parliament, the Northern what business it will include. If the motion is
Ireland Assembly and the Scottish agreed by the House, the grand committee
Parliament. The Welsh Grand meeting will be listed on the Order Paper under
Future Business.
Committee last met in 2022, the
Northern Ireland Grand Committee You can speak in English or Welsh at the Welsh
Grand Committee. There is simultaneous
in 2013 and the Scottish Grand translation. The Chair may require you to use
Committee in 2003. English to raise points of order.
If you represent a constituency in Northern Grand committees can meet in Westminster or
Ireland, Scotland or Wales you’re automatically a in their respective nations.
member of that nation’s grand committee.
If you don’t represent a constituency in the
Grand committees are a forum for all the MPs relevant nation, you might still find yourself a
who represent a particular nation within the UK member of the Welsh Grand Committee or
to meet and consider matters that relate to that Northern Ireland Grand Committee if the
nation. Their meetings can involve debates on Committee of Selection nominates you. Only
topics of interest or bills, questions to ministers, MPs representing constituencies in Scotland can
ministerial statements, and half-hour be members of the Scottish Grand Committee.
adjournment debates.
Grand committees are chaired by MPs from the
Panel of Chairs.
Contact an expert
Clerk of Grand Committees, Public Bill Office
Phone: x3253

59
MPs’ Guide to Procedure

Quick
Guide
All questions must:
• seek information or press for action You can ask a
minister an oral
• be about something a minister is
responsible for

question in the
• be based on fact, not speculation
• use neutral language and not con-

Chamber, or
tain unnecessary information
• not ask for information which is
readily available
• not refer to a case that is active in
the UK courts
you can ask a
The Table Office acts under the Speak-
written question.
er’s authority to make sure questions
meet the House’s rules. Questions are
To submit a written or oral question
(including a Prime Minister’s question) submitted through
the Table Office.
you can:
• use MemberHub to submit your
question online (you can submit a
maximum of 20 written questions
a day online)
• take it to the Table Office or ask
another MP to take it for you
• sign the question and then ask
your staff to take it to the
Table Office
Business questions to the Leader of
the House (the minister responsible for
organising Government business) can’t
be submitted in advance. You just
need to be in the Chamber for
the start of Business questions on
Thursday mornings.
You can also apply to the Speaker to be
allowed to ask an urgent question in
the Chamber. It must be about a mat-
ter of public importance and require an
urgent answer.

60
3
62 Written questions
68 Oral questions
76 Prime Minister’s questions
80 Business questions
82 Urgent questions
85 Rules for questions
88 Problems with questions

QUESTIONS
CONTACT AN EXPERT

Table Office: x3302 tableoffice@parliament.uk


MPs’ Guide to Procedure

Written questions
You can ask a department a question
in writing and will receive an answer
by email.
There are two kinds of written question:
• ‘Ordinary’ written questions. Departments
usually respond between five and 10 working
days after the question has been tabled.
• ‘Named day’ written questions. Departments
deal with named day questions as a priority.
The department should provide an answer, or
a holding answer, by the third working day
after tabling that is a sitting day (although you
can specify a later day). A sitting day is a day
when the House is meeting. You can table a
maximum of five named day questions each day.
This allows you to prioritise some questions.

62
Questions

How to submit a written


question online
Step-by-step:
These steps are for submitting a written question online. You can submit
a maximum of 20 written questions a day online. If you prefer to use a hard
copy, please read how to submit a written question on paper.
You or your staff can complete these steps, but you will need to register
your staff to use MemberHub.

STEP 1
Go to the MemberHub: STEP 1 (continued)
(memberhub.parliament.uk)
✔ Write the text of your question in
✔ Click ‘submit’ (towards the top of the the blank space indicated. Check it
screen) and choose ‘written question’. conforms to the rules for questions.
✔ Type the name of the department ✔ If you have an interest to declare,
you want into the ‘Answering click the box saying ‘yes’ and
Bodies’ box and click ‘next’. explain what the interest is.
✔ Click the box to specify whether it is an ✔ Click ‘next’. Review the information
ordinary or named day written question. and click ‘submit’.
There is no set deadline for answers to
ordinary questions, although departments ✔ If you want to ask the same question to
usually respond between five and 10 working several departments, a ‘round robin’, submit
days after the question has been tabled. You the question to the first department, then
can table up to five named day questions find that question in the list of questions you
each day and they should receive an answer, have submitted, click ‘actions’ and ‘submit
or a holding answer, by the third working to another answering body’. Choose the
day after tabling that is a sitting day (unless additional department you want to ask.
you specify a later named day). A sitting
day is a day when the House is meeting.
✔ Write the text of your question in STEP 2
the blank space indicated. Check it
conforms to the rules for questions. The Table Office will check your question and
contact you if there is a problem. Once the
Table Office has approved your question, it has
been tabled.

63
MPs’ Guide to Procedure

How to submit a
written question on paper
Step-by-step:
These steps are for submitting a written question on paper.
You can also submit a written question online.

You or your staff can complete these steps, but your


handwritten signature is needed for step 2.

64
Questions

STEP 1
Fill in a question form (download a question STEP 2
form from the intranet or get one from the
Take your question form to the Table Office in
Table Office).
person, or ask another MP to take it for you.
✔ Tick the box to specify whether it is an Or sign the question form and ask your staff to
ordinary or named day written question. take it to the Table Office (photocopied, stamped
There is no set deadline for answers to or faxed signatures can’t be accepted).
ordinary questions, although departments
usually respond between five and 10
working days after the question has been
tabled. You can table up to five named STEP 3
day questions each day and they should
receive an answer, which may be a holding The Table Office will check your question and
answer, by the third working day after contact you if they have a problem. Once the
tabling that is a sitting day (unless you Table Office has approved your question, it has
specify a later named day). A sitting day been tabled.
is a day when the House is meeting.
✔ Fill in your name, constituency
and the relevant department.
✔ Tick the box if you have an interest to
declare and email tableoffice@parliament.
uk to say what the interest is.
✔ Write the text of your question in the
blank space on the form. Check it
conforms to the rules for questions.
✔ If you want to ask the same question
to several departments, fill in one form
and, beneath your question, list the
departments and answering bodies you
want to ask. Don’t put ‘all departments’
unless you want it to go to all the answering
bodies, some of which (such as the
Church Commissioners) are very small.

65
MPs’ Guide to Procedure

Deadlines for Answers to


written questions written questions
Written questions can be tabled on any You will receive answers to written
sitting day or on a non-sitting Friday when questions by email. A short time later the
the House is not in recess. A sitting day is answers are published on the questions
a day when the House is meeting. database which you can search by MP,
Questions can be tabled in hard copy up to:
keyword, department, date or UIN (the
‘unique identifying number’ given to each
• 10.30pm on Monday
question when it is tabled, and which
• 7.30pm on Tuesday and Wednesday
appears in brackets next to the question).
• 5.30pm on Thursday and
If you want to change the email addresses at which
• 3pm on Friday
you receive your written answers, email
or the time the House finishes meeting if that’s tableoffice@parliament.uk.
earlier. Questions received after the deadlines may
be treated as if they had been tabled on the next
eligible day.
Unsatisfactory answers
Special arrangements are made for recesses, and
these are printed in the Announcements section of to written questions
the Order Paper before each recess.
Ministers are responsible for the speed and
The online MemberHub has a cut-off of:
content of their answers. If you receive an
• 6.30pm on Mondays, Tuesdays and Wednesdays answer that is late, inaccurate, incomplete
• 5.30pm on Thursdays and or unsatisfactory, you should discuss your
• 2.30pm on Fridays concerns with the Table Office. They can
Questions submitted online after those times will advise you on taking further action.
be treated as if they had been tabled on the next
For answers that are very late, you can ask a
eligible day. They will also count towards the next
‘chasing’ question (in the form “when s/he plans
day’s quota of 20 online questions.
to answer Question 123456, tabled by the hon.
Member for [Constituency] on [Date Month Year]”).
If an answer gives rise to further questions,
you can ask a ‘pursuant’ question requesting
more information (in the form “Pursuant to
the Answer of [Date Month Year] to Question
123456 on [Title of Question], …”).

66
Questions

Same written question Backbenchers who answer


to every department written questions
Questions to multiple departments are Most written questions must be directed
sometimes called ‘round robin’ questions. to the Government. There are a few
Many of them will have been asked exceptions. Specific backbenchers
before. You should first check in the (MPs who are not ministers or shadow
questions database or parliamentary search ministers) answer written questions on
to see whether any other MP has tabled a behalf of certain bodies. You can submit
similar question, or whether the questions to these bodies:
information you seek is published in You can submit questions to these bodies:
departmental reports and accounts.
• Church Commissioners
If you are using the online MemberHub, submit the • House of Commons Commission
question to the first department, then find that
question in the list of questions you have • Public Accounts Commission
submitted, click ‘actions’ and ‘submit to another • Restoration and Renewal Client Board
answering body’. Choose the additional • Speaker’s Committee on the
department you want to ask. Electoral Commission
If you are submitting your question on paper, you • Speaker’s Committee for the Independent
should provide just one copy of the question, along Parliamentary Standards Authority.
with a list of the departments and answering
bodies you wish to ask. If you want to prioritise
particular departments for named day answer, you
should make that clear.
Avoid asking for “all departments”. The Table
Office need to be clear whether you intend to
include smaller answering bodies which have very
limited remits (such as the Church Commissioners).
Many questions will not apply to them.

67
MPs’ Guide to Procedure

Oral questions
You can ask a minister a question in
person in the Chamber.
Each department answers oral questions in
the Chamber about once every five sitting
weeks, according to the the Dates and
Deadlines for Oral Questions rota (Question
Time Rota) on the Parliament website. A
sitting week is a week when the House
is meeting. Questions are usually the first
item after Prayers. They last about an hour.
There is no Question Time on Fridays.
Most Question Times include:
• Substantive questions, which are printed
in the Order Paper. If you ask a substantive
question, you will have the opportunity
to ask a supplementary question, which is
not printed in the Order Paper and must
be related to your original question.
• Topical questions, which are in a standard
form (asking for a statement on the
minister’s responsibilities) and which give
you the opportunity to ask a spontaneous
question on any aspect of the department’s
responsibilities. Topical questions usually
take place during the last 15 minutes of
a Question Time. You can find out which
departments have topical questions by
looking at the Question Time rota.

68
Questions

How to submit an
oral question online
Step-by-step: STEP 2
These steps are for submitting Go to the MemberHub:
an oral question online. Any oral (memberhub.parliament.uk)

questions you submit do not count ✔ Click ‘submit’ (towards the top of the screen)
and choose ‘oral question’.
towards your limit of 20 written ✔ Choose the department you want (by date,
questions a day online. If you prefer answering body or upcoming deadline) and
click ‘select’.
to use a hard copy, please read how
✔ Choose whether to ask a substantive or
to submit an oral question on paper. topical question, or both. A substantive
question means you submit the text of the
question in advance. A topical question
You or your staff can complete these means there is no need to submit the text in
steps, but you will need to register advance. You can table one substantive and
one topical question for each departmental
your staff to use MemberHub. Question Time.
✔ If you are asking a substantive question, write
the text of your question in the blank space
indicated. Check it conforms to the rules for
STEP 1 questions.
✔ If you are asking a substantive question and
Use the Question Time rota to find out which have an interest to declare, click the box
departments are due to answer questions. The saying ‘yes’ and explain what it is.
deadline for submitting oral questions is
12.30pm three to five sitting days before the ✔ Click ‘next’. Review the information and click
Question Time takes place and can be found on ‘submit’.
the Question Time rota. A sitting day is a day
when the House is meeting.

STEP 3
The Table Office will check your question
and contact you if they have a problem.
Once the Table Office has approved
your question, it has been tabled.

69
MPs’ Guide to Procedure

How to submit an
oral question on paper
Step-by-step:
These steps are for submitting an oral question on paper.
You can also submit an oral question online.

You or your staff can complete these steps, but your


handwritten signature is needed for step 3.

70
Questions

STEP 1
Use the Question Time rota to find out which STEP 3
departments are due to answer questions.
The deadline for tabling oral questions is Take your question form to the Table Office in
12.30pm three to five sitting days before person, or ask another MP to take it for you.
the Question Time takes place and can be Or sign the question form and post it or ask your
found on the Question Time rota. A sitting staff to take it to the Table Office (photocopied,
day is a day when the House is meeting. stamped or faxed signatures can’t be accepted).

STEP 2 STEP 4

Fill in a question form (download a question form The Table Office will check your question and
from the intranet or get one from the Table contact you if they have a problem. Once the
Office). Table Office has approved your question, it has
been tabled.
✔ Tick the box to specify that it is an oral
question.
✔ Fill in your name, constituency and the
relevant department.
✔ Write the text of your question in the blank
space on the form. Check it conforms to the
rules for questions. To submit a topical
question, write ‘T’ in the blank space. You
can table one substantive and one topical
question (check the rota to see whether there
are topical questions for that department) for
each departmental Question Time. A
substantive question means you submit the
text of the question in advance. A topical
question means there is no need to submit
the text in advance.
✔ If you are asking a substantive question and
have an interest to declare, tick the box and
email tableoffice@parliament.uk to say what
the interest is.

71
MPs’ Guide to Procedure

Deadline for What happens after your oral


tabling oral questions question has been tabled?
The deadline for oral questions is 12.30pm Each Question Time has a fixed number of
three to five sitting days before the questions on the Order Paper, depending
Question Time takes place. A sitting day is on how long it lasts. Because more MPs
a day when the House is meeting. submit a question than there are slots
You can check the Question Time rota to see what
available, a ballot (known as the ‘shuffle’)
Question Times are coming up and what the is run on a computer programme, soon
deadlines for submission are. after the deadline for tabling questions has
The earliest you can table an oral question is passed. This decides which questions are
immediately after the end of the previous Question to be asked and in which order.
Time for that department.
If you are successful in the shuffle, you will
Special arrangements are made for Question Times receive an email and a notification on the online
taking place immediately after a recess and these MemberHub. The list of MPs who have been
are announced in the Order Paper. successful in the shuffle is available in the Table
Office from around 2.30pm on the day the shuffle
takes place three to five sitting days before the
Question Time takes place. The results are also
published on the Table Office page on ParliNet,
and printed the following day in Future Day Orals,
and then in the Order Paper, in the sequence in
which they will be called in the Chamber.
Not all the questions on the Order Paper will
necessarily be reached, because the time for oral
questions might run out. If your question has been
selected in the shuffle and printed in the Order
Paper, but is not reached in the Chamber, the
department will provide a written answer.
If you declared a relevant interest, an [R] appears
beside the question when it is printed. Beyond the
fixed number of questions for each department,
questions are treated as ‘lost’ and are not printed in
the Order Paper. If this happens to your question
and you would still like it answered, you will need to
re-table it for written answer.

72
Questions

What happens in the Grouping of oral questions


Chamber if you have an The department sometimes ‘groups’
oral question? questions for answer because they are on
similar subjects. This means they may be
The Speaker will call you by name. taken out of numerical order.
If you have a substantive question, you
ask your question by saying the number In this case, the MP whose question comes
first in the group will say “Number X, Mr
of the question. Speaker”, then ask their supplementary
For example, if your question is number three, question, and then the other MPs whose
this is what will happen after the exchanges questions have been grouped with it will be
on questions one and two are finished: called to ask their supplementary questions.
• The Speaker says your name. You can see which questions have been
grouped each day on the annunciators (the
• You say: “Number three, Mr Speaker”.
monitors around the parliamentary estate)
• T he minister gives an answer to the question before the start of Question Time.
you tabled which appears in the Order Paper.
• You then ask one short supplementary
question on the same subject.
• The minister replies to your
supplementary question.
• The Speaker calls other MPs to ask further
supplementary questions on the same subject.
During topical questions, only the MP with
the first question should say the question number.
The first question is in a standard form asking
for a statement on the Secretary of State’s
responsibilities. That MP then has the opportunity
to ask their spontaneous question as a
supplementary. Subsequent MPs can ask their
question straight away, without saying the question
number.

73
MPs’ Guide to Procedure

Taking part in Question Time Opposition spokespeople


if you haven’t got a question and Question Time
on the Order Paper The Speaker normally calls spokespeople
from the two main Opposition parties to
You can take part in Question Time even if ask supplementary questions at Question
you haven’t got a question on the Order Time. The Opposition spokespeople
Paper. Once an MP with a question on the do not have to submit their questions
Order Paper has asked their original and in advance.
supplementary questions and the minister
has replied, the Speaker may call other
MPs to ask a supplementary question too.
Stand in your place to indicate that you
Withdrawing an
would like to ask a question. The question oral question
must be on the same subject. The Speaker Oral questions can be withdrawn
will try to call MPs from alternate sides of entirely. Alternatively, you can decide
the House. that you would like to receive a written
If you have a question on the Order Paper, you answer instead.
can still ask a supplementary to someone else’s
If you want to withdraw an oral question, or change
question, but you will then lose your chance
it to a written question, you should get in touch
to ask your question on the Order Paper.
with the Table Office in person or email tableoffice@
parliament.uk from your parliamentary email. If you
give at least a day’s notice the question won’t be
printed in the Order Paper and the Speaker will not
call it at Question Time. Once a question has been
taken off the Order Paper it can’t be reinstated.

74
Questions

Backbenchers who
answer oral questions
Most oral questions must be directed
to the Government. There are a few
exceptions. Specific backbenchers
(MPs who are not ministers or shadow
ministers) answer oral questions on
behalf of certain bodies.
You can submit questions to these bodies:
• Church Commissioners
• House of Commons Commission
• Public Accounts Commission
• Restoration and Renewal Client Board
• Speaker’s Committee on the
Electoral Commission

75
MPs’ Guide to Procedure

Prime Minister’s
questions
You can ask the Prime Minister a
question in person in the Chamber
Prime Minister’s questions take place every
Wednesday when the House is meeting, at
12 noon. They last at least half an hour.
They usually take the form of ‘engagements’
questions, which ask the Prime Minister to
list the official engagements for that day. In
practice, this means that you can ask the Prime
Minister a question without the text of that
question being printed in the Order Paper.
It is possible to table a ‘substantive’ oral
question to the Prime Minister instead.
This means that the text of your question
will be printed in the Order Paper.

76
Questions

How to
submit a Prime Minister’s
question online
Step-by-step: STEP 2
These steps are for submitting a Go to the MemberHub
Prime Minister’s question online. (memberhub.parliament.uk)
If you prefer to use a hard copy, ✔ Click ‘submit’ (towards the top of the screen)
and choose ‘oral question’.
please read how to submit a Prime ✔ Choose ‘Prime Minister’ from the list of
Minister’s question on paper. departments and click ‘select’.
✔ Most people ask an ‘engagements’ question,
You or your staff can complete these meaning they don’t have to submit the text
of their question. The engagements question
steps, but you will need to register is already filled in for you. If you do want the
text of your question to be known in
your staff to use MemberHub. advance, delete the engagements question
and write the text of your question in its
place. Check it conforms to the rules for
questions. If you are submitting the text of
the question and have an interest to declare,
click yes and explain what it is.

STEP 1 ✔ Click ‘next’. Review the information and click


‘submit’.
The deadline for tabling an oral question
to the Prime Minister is usually 12.30 pm
on the preceding sitting Thursday (if a
recess is approaching, check the Question STEP 3
Time rota for the deadline). A sitting
day is a day the House is meeting. The Table Office will check your question
and contact you if they have a problem.
Once the Table Office has approved
your question, it has been tabled.

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MPs’ Guide to Procedure

How to
submit a Prime Minister’s
question on paper
Step-by-step: STEP 2
These steps are for submitting Fill in a question form (download a question form
a Prime Minister’s question on from the intranet or get one from the Table Office).

paper. You can also submit a Prime ✔ Tick the box to specify that it is an oral
question.
Minister’s question online.
✔ Fill in your name, constituency and specify
that the question is to the Prime Minister.
You or your staff can complete ✔ Most people write “Engagements” or “E”
these steps, but your handwritten on the form, meaning they don’t have to
submit the text of their question. If you do
signature is required for step 3. want the text of your question to be known
in advance, write it on the form. Check it
conforms to the rules for questions. If you
are submitting the text of your question and
STEP 1 you have an interest to declare, tick the box
and email tableoffice@parliament.uk to say
The deadline for tabling an oral question what the interest is.
to the Prime Minister is usually 12.30 pm
on the preceding sitting Thursday (if a
recess is approaching, check the Question
Time rota for the deadline). A sitting
day is a day the House is meeting. STEP 3
Take your question form to the Table Office in
person, or ask another MP to take it for you.
Or sign the question form or ask your staff
to take it to the Table Office (photocopied,
stamped or faxed signatures can’t be accepted).

STEP 4
The Table Office will check your question
and contact you if they have a problem.
Once the Table Office has approved
your question, it has been tabled.

78
Questions

What happens after your Taking part in Prime


Prime Minister’s question Minister’s questions if you
has been tabled? haven’t got a question on
There are 15 questions on the Order the Order Paper
Paper for Prime Minister’s questions.
Because more MPs submit a question You can take part in Prime Minister’s
than there are slots available, a ballot questions even if you haven’t been
(known as the ‘shuffle’) is run on a successful in getting a question on the
computer programme, soon after the Order Paper. Once an MP with a question
deadline for tabling questions has passed. on the Order Paper has asked their
This decides which questions are to be question and the Prime Minister has
asked and in which order. replied, the Speaker may call other MPs to
ask a supplementary question too. The
If you are successful in the shuffle, you will receive question doesn’t have to be on the same
an email and a notification on MemberHub.
The list of MPs who have been successful in
subject. Stand in your place to indicate
the shuffle is available in the Table Office from that you would like to ask a question. The
around 2.30pm on the day the shuffle takes place Speaker will try to call MPs from alternate
(usually the Thursday before Prime Minister’s sides of the House.
questions, unless there is a recess). The results are
also published on the Table Office intranet, and
printed the following day in Future Day Orals,
and then on the Order Paper, in the sequence Opposition spokespeople and
in which they will be called in the Chamber.
Prime Minister’s questions
The Speaker usually calls the Leaders of the
What happens in the two main Opposition parties to ask
supplementary questions at Prime
Chamber if you have a Minister’s questions. The Leader of the
Prime Minister’s question? official Opposition usually asks six
questions, and the leader of the third
The Speaker will call you when it is your turn
largest party two questions. They do not
to ask your question:
have to table questions in advance.
If you have the first question say “Question 1,
Mr Speaker” and then sit down. When the Prime
Minister has replied to the engagements or
substantive question, stand and ask your
supplementary question.
For subsequent questions, there is no need to
say the number of the question. When the Speaker
calls your name, simply stand and ask your question.

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MPs’ Guide to Procedure

Business questions
What happens in
The Leader of the House (the
minister responsible for the Chamber during business
organising Government business) questions?
responds to questions every Usually, the shadow Leader of the House
Thursday when the House is asks a standard question about the
meeting. Business questions last business for the next week and the Leader
about an hour. replies, and sometimes indicates the
Find out what business is coming up in the business for the following
House and suggest topics for debate. week too. The shadow Leader asks a
supplementary question and the
Leader replies.
You then have an opportunity to ask a question
about the business that has just been announced,
or to raise a matter of concern. For example, you
might ask “when the Government will find time for
a debate on [subject of interest].” Such requests are
unlikely to lead to actual debates, but are a way of
raising awareness of the issue.
Occasionally, if an oral statement has been made
first, the business is announced in the form of a
statement, rather than a response to a question
from the shadow Leader. This doesn’t affect your
chance to ask questions.

80
Questions

How to
ask a business question
Step-by-step:
These steps are for you as an MP, rather than
your staff, because they take place in the Chamber.

STEP 1
You can’t submit a business question in
advance. Make sure you are seated in the
Chamber for the start of business questions
on Thursday (10.30am if there are no urgent
questions). If you aren’t present at the start,
you won’t be called to ask a question.

STEP 2
Wait for the Leader of the House to set out the
future business and sit down. Then stand to
indicate to the Speaker that you wish to ask a
question. Keep standing every time the Leader
of the House sits down until the Speaker calls
you or the time for business questions runs
out.

STEP 3
When the Speaker calls you, ask your question.
You can use the question to raise an issue of
concern, but you should relate it to the business
of the House. For example,
“When can we have a debate on…[subject
of interest].”

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MPs’ Guide to Procedure

Urgent questions
You can apply to the Speaker to be
allowed to ask an urgent question
in the Chamber.
Backbenchers (MPs who are not ministers) and
shadow ministers can apply to the Speaker to ask
an urgent question to a minister.
To be judged as ‘urgent’, a question should
relate to a very recent or imminent event
or development on which a minister may
reasonably be expected to provide an answer
that day. The matter raised in the question
must be important in terms of public policy,
and must have more than a local or temporary
significance. Matters of current debate in the
media don’t automatically pass these tests.
The department provides a background
briefing for the Speaker on the issue.

82
Questions

How to apply for


an urgent question
Step-by-step:
These steps are for you as an MP, rather than your staff,
although your staff can help you put the application together.

STEP 1
You can apply to the Speaker’s Office to STEP 4
ask an urgent question on a day when the
House is meeting, for answer that same day. Your application should explain why the matter
is urgent. To be judged as urgent, a question
should relate to a very recent or imminent
event or development. You should set out your
STEP 2 explanation, including background, context
Applications must be submitted by: and evidence in a few paragraphs, and no
more than two sides of A4. You may wish to
✔ 11.30am on Mondays use the Word template for Urgent Question.
✔ 10.00am on Tuesdays and Wednesdays
✔ 8.15am on Thursdays
STEP 5
✔ 8.30am on Fridays
Your application should include any relevant
interests.

STEP 3
The application should set out your question in STEP 6
the form “If he/she will make a statement Once you have written your application, email
on…” (which is not allowed in ordinary oral it to the Speaker’s Office from your account, or
questions). Your question should be one short sign it and deliver it by hand, or ask your staff
sentence, and should be addressed to the to deliver it.
relevant Secretary of State.

STEP 7
You can’t apply for more than one urgent
question on the same day.

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MPs’ Guide to Procedure

Finding out whether What happens in the


your urgent question Chamber during an urgent
has been granted question?
Urgent questions don’t appear in advance Urgent questions are taken immediately
on the hard copy of the Order Paper, after Question Time and before any oral
because they are not granted until the statements, except on Fridays when they
day itself. If your application has been are taken at 11am. The Government
successful, the Speaker’s Office will contact decides which minister will respond to
you to let you know. your urgent question.
If the Speaker decides not to allow an urgent When the Speaker calls your name, you read out
question, you shouldn’t make any reference to that your urgent question and the minister answers (for
decision or to the submission of the question itself. up to three minutes). You can then make a brief
It is not possible to provide feedback on response (for up to two minutes). The minister
unsuccessful requests. replies. The official Opposition spokesperson may
speak for up to two minutes, and the third party
If the Speaker allows the question, notice of the
spokesperson for up to one minute.
subject of the question is given on the annunciators
(the monitors around the parliamentary estate) and The Speaker then allows other MPs to ask
on Twitter (@HouseofCommons). supplementary questions, usually for about half an
hour, taking into account the number of MPs and
the other business for the day. If you want to be
called, you must be in the Chamber for the start of
the urgent question.

84
Questions

Rules for questions


Things to remember when
submitting questions.

Questions are intended to obtain


information or press for action on
matters that are the Government’s
responsibility.
Questions must:
• be about something for which
a minister is responsible
• be based on fact, not speculation
• use neutral language and not
contain unnecessary information
Questions must not:
• ask for information which
is readily available
• refer to a case that is active in the
UK courts (known as ‘sub judice’)
The Table Office edits questions to make them
conform to the rules under the Speaker’s
authority. Where this is not possible, the Table
Office will contact you to discuss the question.
The Speaker is the final authority on the
admissibility of questions.

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MPs’ Guide to Procedure

Ask effective questions Ministerial responsibility


Decide whether you are pressing for action A question must relate to an area
or asking for information and of policy or administration for which
make this clear in the question. a minister is responsible and can be
held to account.
• Questions pressing for action normally begin
with the words “To ask the Secretary of State, if This excludes:
s/he will [make it her/his policy to/bring forward
legislative proposals on/take steps to…].” • activity of a minister in their private,
constituency or party political capacity
• Questions seeking information might begin
with a form such as “To ask the Secretary • matters of history (over 30 years ago)
of State, how many/how long/what steps • work of devolved bodies, including the
he has taken/what her policy is on…” responsibilities of the devolved Administrations
If you are seeking information, think about what in Scotland, Wales and Northern Ireland;
kind of information you want. Some questions are the Mayor of London; local government;
general enquiries about the Government’s policy other independent statutory bodies;
intentions. Others seek specific information in the private and voluntary sectors
multiple categories. For example: • operational matters not determined
• To ask the Secretary of State for at ministerial level (for example, police
Defence, what his policy is on the use investigations or postal delivery patterns)
of depleted uranium weapons.
• interpretation of the law (this is
• To ask the Secretary of State for Work and a matter for the courts)
Pensions, how many cold weather payments
were made to pensioner households in In deciding what falls within a minister’s
the weather station area covering responsibilities, the Table Office will take into
account recent answers to parliamentary questions,
(a) York Central constituency,
policy announcements and ministerial statements,
(b) York local authority area and which will normally indicate matters for which a
(c) t he UK in minister can be said to have accepted responsibility.
(i) 2013-14 and This includes matters which a minister could
(ii) 2014-15; and reasonably be assumed to have considered in the
(iii) what the total value of course of policy development, such as relevant
such payments was. international comparators and recommendations of
reputable non-governmental organisations or
Double check that your question would be readily
international bodies of which the UK is a member.
understood by a general reader. The Table Office
will correct typos before tabling, but it helps if the Questions are also allowed on the oversight and
intention of the question is clear. In particular, it work of public bodies on which ministers have
helps if any unusual acronyms are spelled out in full. previously provided answers (such as the Post Office
and the Highways Agency).
The Table Office are happy to help you or
your staff if you are struggling to put a In the case of the Foreign Secretary, questions are
particular question into words, or aren’t allowed on the internal affairs of foreign countries
sure whether it conforms to the rules. where they are of international interest or might
have an impact on the UK.

86
Questions

Basis of the question Is the information


You are responsible for the factual basis of readily available?
your questions. Questions must not be You can’t ask a question that seeks
based on unsubstantiated media reports, information that is readily available.
rumours or improbable suppositions.
This includes:
Questions should seek information, not provide it.
It may be necessary to set out the facts on which a • information provided in previous
question is based within the question itself, but this answers to questions
should be done as briefly as possible. • information included in easily
accessible published sources (for
Extracts from newspapers or books, and example, departmental statistics)
paraphrases of or quotations from speeches are not
admissible. Similarly, questions must not seek • information which can be found
confirmation that something is the case when there through a basic web search
is no reason to believe otherwise, or ask a minister • questions to which the answer is self-evident
whether they are aware of a particular fact, report
or situation. Questions are also inadmissible if they seek
information which a minister has either refused
to supply, or stated to be unavailable, in an
answer to a parliamentary question during the
Content, tone and form current session.

A number of rules ensure that a question


is not a disguised statement or debating Sub judice and questions
point and that it is capable of receiving
You can’t ask a question if it refers to a
a meaningful answer.
case that is active in the UK courts. This is
Questions must: set out in the sub judice resolution agreed
• be comprehensible and should identify as clearly by the House and is subject to the
as possible the information or action sought Speaker’s discretion.
• be neutrally phrased
The Table Office can provide more detailed
Questions must not: guidance. You should talk to the Table Office in
advance if you are aware of legal proceedings in
• contain offensive language, argument or debate
relation to a question you want to table.
• be trivial, hypothetical, or vague
• take the form of multiple choice questions,
or a series of questions each dependent
on the answer to the previous part
If you want to put forward information or
argument for debate, an Early Day Motion or
Adjournment debate or Westminster Hall debate
may be a better choice.
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MPs’ Guide to Procedure

Problems with questions


Most problems with questions can
be easily resolved by talking to
the Table Office
If you’re not sure why there’s a problem with
your question, you or your staff should talk
to the Table Office. You can read the rules
in Erskine May, or an overview of the rules
in this guide, but usually it’s easier for the
Table Office to explain the issue with specific
questions in person or over the phone. They
can suggest different ways of approaching an
issue.
Although there are some things that
questions can’t be used for, in many cases
you will be able to ask a question that is
similar to the one you had in mind.
You or your staff are also welcome to discuss
a particular question with the Table Office
before you submit it.

88
Questions

Your question hasn’t The wording of your


been published question has changed
If you submitted your question but The Table Office has the Speaker’s
it hasn’t been published, the Table Office authority to make minor changes to
may have had a problem that they could questions to make the question conform
not easily resolve. with the rules for questions.
Questions that are unclear or break the rules for If your questions are not being handled in the way
questions are ‘carded’. This means you’ll receive you would like, contact the Table Office by emailing
an email asking you to get in touch with the Table tableoffice@parliament.uk or calling x3302.
Office to discuss your question. You’ll also receive
a notification on the online MemberHub.
Such discussions usually result in an amended Your question’s been
version of the question being tabled. The Table
Office can have these discussions with members transferred to a
of your staff who have your authority to act on
your behalf.
different department
If you would like to be certain that a particular Once a question has been tabled, the
question will be tabled on the day you submit it, department concerned may transfer it to
you or your staff should bring it into the Table another department, on the grounds
Office in person and ask them to check it on
the spot.
they are responsible. There is not much
you can do about this, because transfers
If you use MemberHub to submit questions online,
you should be aware that the system cuts off at
are a decision for ministers. It is a long-
6.30pm on Mondays, Tuesdays and Wednesdays, established principle that the Speaker
5.30pm on Thursdays and 2.30pm on Fridays, or does not intervene in transfers.
when the House finishes meeting if that is earlier.
After that, questions submitted online are held over The Speaker expects departments to transfer
until the next day and count towards the next day’s questions promptly, which typically means within
quota of 20 online questions. two sitting days of publication. A sitting day is a
day when the House is meeting. Decisions on
transfers should be consistent and you should
receive notifications of any transfer from the
departments concerned.
If an oral question is transferred, it will become a
written question and you will lose your opportunity
to ask it in the Chamber.

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MPs’ Guide to Procedure

Quick
Guide

Oral statements tend to be on


significant policy changes and The Government
uses oral or written
written statements tend to be
on relatively routine matters.

statements to
You have an opportunity to
question the minister after an
oral statement. You must be
present in the Chamber from
the start of the statement. Once announce policy
developments,
it’s finished, you stand in your
place every time the minister sits
down to show that you want
to be called to ask a question.
Other statements include:
provide updates, and
Select committee statements:
The Chair of a select committee,
respond to events.
or another committee member,
can make a statement announcing
the publication of a report or
launch of an inquiry. You can ask
questions about the statement.
Speaker’s statements: The Speaker
can make a statement on any
subject, including practical matters
relating to House business or
ceremonial occasions. There’s no
opportunity to ask questions.
Personal statements: MPs can ask
the Speaker to allow them to make
a personal statement. These are
usually related to conduct. There’s
no opportunity to ask questions.

90
4
Statements

92 Oral statements
96 Written statements
97 Select Committee
statements
100 Speaker’s statements
101 Personal statements

STATEMENTS
CONTACT AN EXPERT

Table Office: x3302 tableoffice@parliament.uk


Procedural Hub: x7333 proceduralhub@parliament.uk

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MPs’ Guide to Procedure

Oral statements
Oral statements take place in the
Chamber. The Government uses them
to tell MPs about developments in
policy or react to an event. Oral
statements give you a chance to
scrutinise ministers by asking
questions about the statement.
Examples of subjects include:
• changes in Government policy
and the reasons for them
• the outcome of an international summit,
negotiation or other meeting
• the publication of a report
• a terrorist attack
• a national or overseas natural disaster
• an international political or security crisis
• a significant court judgment or the
findings of an official inquiry

92
Statements

How to take part


in an oral statement
Step-by-step:
These steps are for you as an MP,
rather than your staff.

STEP 1
Make sure you are seated in the Chamber to
hear the start of the oral statement. You can
write in advance to the Speaker to say that you
have a particular interest in a statement (for
example, a constituency connection), but you
shouldn’t write with a general request to be
called to ask a question.

STEP 2
After the minister has finished the statement,
stand to indicate that you want to ask a
question. The Speaker chooses who to
call, starting with the official Opposition
spokesperson. The Speaker will try to call
MPs from alternate sides of the House. Keep
standing up every time the minister sits down
until the Speaker calls you (or the time runs out).

STEP 3
When the Speaker calls your name, ask your
question. Questions should be brief and related
to the statement. When you’ve finished, sit
down and the minister will answer.

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MPs’ Guide to Procedure

Timing of oral statements Notice of oral statements


Oral statements are usually made Often the Government doesn’t announce
immediately after Question Time and any that they are going to make an oral
urgent questions have finished. If there statement until the day itself. On the
are no urgent questions, this means that day, oral statements are listed on the
on Mondays they usually happen about annunciators, on Parliament’s website
3.30pm, and on Tuesdays and Wednesdays and on the House of Commons Twitter
about 12.30pm and on Thursdays about account an hour or two in advance. If
11.30am, following Business questions. there are several statements, there are
On Fridays, statements are made at 11am. listed in the order they’ll be made.
Occasionally, the Speaker allows a minister An oral statement will be listed on the
to make a statement at another time. This is front page of the Order Paper if notice
usually at the end of the day’s main business. has been given the previous day.
If there is real urgency, the business could be
interrupted to hear the statement between, or
even during, other debates, but this is very rare.
Ministers have a right to make statements in
the normal slot after Question Time, or 11am
on Fridays. The Speaker has discretion over
whether to allow statements at other times.
Statements are usually repeated in the House of
Lords after they’ve been made in the Commons,
although not necessarily on the same day.
Notice is given on the Lords annunciators (the
monitors around the parliamentary estate).
Oral statements are not made on the first day
of a new session (the day of the King’s
Speech), because the Government can make
their announcement during the debate.

94
Statements

Who can make What happens in the Chamber


an oral statement? during an oral statement?
Ministers make oral statements.They decide The minister begins by making a statement,
whether and when to make a statement, usually for up to 10 minutes. The Speaker
the format (oral or written) and content. may allow a longer statement if it
MPs sometimes use Question Time, seems justified. This is delivered without
Business questions or points of order to call interruption, so you can’t intervene
for a statement on a particular subject. as you would during a debate.
Secretaries of State usually make the more The spokesperson for the official Opposition
significant statements, and junior Ministers tend speaks next, for up to five minutes. The
to make statements on things that are their minister may have given the spokesperson the
direct responsibility. text of the statement shortly in advance.
The Prime Minister makes statements following The minister responds to the official Opposition
international summits, such as NATO or spokesperson, and then other MPs ask questions
G7 meetings, but otherwise usually only about the statement. The spokesperson for the
makes statements on substantial national or third largest party gets up to two minutes.
international matters, or matters that relate
You can ask only one question and are expected
to a range of departmental responsibilities.
to be brief.
In an international crisis, the Prime Minister
might make a statement about the situation The minister responds to each of the questions
as a whole, while other ministers might make in turn, so the proceedings alternate between
statements on specific aspects within their remit. the minister and MPs asking questions.
Select Committee statements, Speaker’s statements, The whole thing usually lasts about 45
and personal statements, which are all delivered minutes. When choosing how long to allow,
orally, are dealt with later in the Guide. the Speaker considers the number of MPs,
the importance of the subject, and what else
is happening in the Chamber that day.

Publication of oral
statements
If you are in the Chamber, the doorkeepers
will hand you a copy of the oral statement
when the minister sits down.
Oral statements are also available
• in hard copy from the Vote Office
• on the House Papers App
• in Hansard (three hours after the
oral statement has finished)
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MPs’ Guide to Procedure

Written statements
Who can make a
The Government uses written
statements to inform MPs written statement?
about issues for which they Ministers make written statements.
are responsible. Secretaries of State usually make the
more significant statements, and junior
Typical subjects include:
ministers make statements on things
• the publication of a report
that are their direct responsibility.
• the launch or outcome of a consultation
Specific backbenchers (MPs who are not
• details of the members, or ministers or shadow ministers) can also make
terms of reference, of a group written statements. These backbenchers
set up by the Government make written statements on behalf of the
• the appointment of public officials • House of Commons Commission
chosen or approved by the Government
• Speaker’s Committee on the
• updates on projects Electoral Commission
• allocations of funding, such as a • Public Accounts Commission
new grant or a response to an
overseas aid emergency • Church Commissioners
• Speaker’s Committee for the Independent
Parliamentary Standards Authority

Timing of written statements • Restoration & Renewal Client Board

Written statements can only be made on


sitting days. Sitting days are days when the Publication of
House is meeting. You can see the list of
written statements being published that written statements
day in the Order Paper. Written statements are available:
Written statements are usually published from • on the Parliament website
9.30am onwards. parliament.uk/writtenstatements
Departments must give advance notice to the • the House Papers App
House of their intention to make a written
• in hard copy from the Vote Office
statement. In a new session, the earliest point
notice can be given is the day of the King’s Speech. • in Hansard (the following day)
The statement can then be made the following day.

96
Statements

Select Committee statements


A select committee can apply to the
Backbench Business Committee to
make a statement in the Chamber
about the publication of a report
or launch of an inquiry. You then
have a chance to ask questions
about the statement.
Ministers and shadow ministers can also take
part in the questioning.
If there’s a select committee statement, it will be
listed on the front page of the Order Paper.
The Liaison Committee can also allocate time for
select committee statements on some Thursdays
in Westminster Hall, at 1.30 pm.
Statements must not take place more than five
sitting days after the day the report has been
published or inquiry launched. A sitting day
is a day when the House is meeting.

97
MPs’ Guide to Procedure

How to take part in a


Select Committee statement
Step-by-step:
These steps are for you as an MP,
rather than your staff.

STEP 1
Make sure you are seated in the Chamber
in time to hear the start of the select
committee statement.

STEP 2
Once the Chair of the committee has finished
making the statement, stand in your place to
indicate to the Speaker that you want to ask a
question. Keep rising to your feet every time the
Chair of the committee sits down until
your name is called (or the time runs out).

STEP 3
When the Speaker calls your name, ask
your question. Then sit down and wait for
the Chair of the committee to answer.

98
Statements

What happens in the


Chamber during a select
committee statement?
The Chair of the committee (or another
committee member) will speak for up to
10 minutes and then answer questions
from MPs on issues relating to the
statement, usually for another 10 minutes.
Select committee statements can only be made
in the Chamber on days that the Government
sets aside for backbench business (and only
on full days set aside for this purpose, not half
days). They take place after Question Time and
any urgent questions or oral statements.

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MPs’ Guide to Procedure

Speaker’s statements
The Speaker may make a
statement on any matter.
Typical topics include
• practical arrangements, such as for
select committee Chair elections
• arrangements for ceremonial occasions
• retirement of long-standing or senior officials
• other matters that the Speaker feels are best
communicated in person during a sitting.
Speaker’s statements can be made at any
time, but typically occur either at the beginning
of the sitting, or after Question Time.
The annunciators (the monitors around
the parliamentary estate) will show that
a Speaker’s statement is taking place.
Speaker’s statements are heard without
interruption and there are no questions.

100
Statements

Personal statements
The Speaker can allow any MP to
make a personal statement. They
are usually related to conduct. For
example, if the Standards Committee
recommends that an MP make a
personal statement for having
breached the Code of Conduct, the
Speaker will generally allow this.
If the Speaker has agreed that you can make
a personal statement, the text must be cleared
with the Speaker in advance and must not
be altered. Members making a statement on
the circumstances of their resignation from
the Government do not need the Speaker’s
permission or to clear the text.
Personal statements are made after Question Time
and any urgent questions or oral statements.
The annunciators (the monitors around the
parliamentary estate) will show that a personal
statement is taking place.
Personal statements are heard without
interruption, there are no questions, and the
Speaker does not take points of order on them.

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MPs’ Guide to Procedure

Quick
Guide

EDMs are submitted through the


Table Office. Early Day Motions
It’s very rare for EDMs to be
debated, but other MPs will have
the chance to show their support
(EDMs) are short
for the proposal by signing the
EDM. They can also submit proposals that give
you a chance to
amendments to it.
Your EDM, along with the names

express an opinion,
of the MPs who’ve signed it, will
be published online in the EDMs
database and you can get a hard
copy from the Vote Office.
There’s a particular type of EDM
publicise a cause or
(known as a ‘prayer’) that you
can use to object to a negative
statutory instrument (a type of
support a position.
delegated legislation).
5
Early Day Motions

104 Submitting an
Early Day Motion
109 Supporting an
Early Day Motion
111 Amending an
Early Day Motion
114 Publication of
Early Day Motions
115 Early Day Motions and
delegated legislation

EARLY DAY
MOTIONS
CONTACT AN EXPERT

Table Office: x3302 tableoffice@parliament.uk


MPs’ Guide to Procedure

Submitting an
Early Day Motion
Submitting an Early Day Motion
(EDM) is a way of expressing an
opinion, publicising a cause or
supporting a position. You submit
your EDM online or on paper to the
Table Office and once the Table Office
has approved it, it’s been tabled.
EDMs are rarely debated. Occasionally,
an EDM is the topic of an Opposition
day debate, or the Backbench Business
Committee may allocate time for a debate.
If you refer to your EDM in business questions,
Hansard will print the text of the EDM in full.

104
Early Day Motions

How to submit an
Early Day Motion online
Step-by-step: STEP 2
These steps are for submitting an Go to the online MemberHub:
EDM online. If you prefer to use a memberhub.parliament.uk:

hard copy, please read how to ✔ Click ‘submit’ (towards the top of the screen)
and choose ‘Early Day Motion’.
submit an EDM on paper. ✔ Enter the title and text of the EDM. The title
should be short and neutral. The text must be
You or your staff can complete these a single sentence of no more than 250 words
beginning “That this House…” Use semi-
steps, but you will need to register colons to divide the sentence up if necessary.
You can get advice from the Table Office if
your staff to use MemberHub. you’re unsure about the wording, or look at
some examples.
✔ Check your EDM conforms to the rules for
STEP 1 EDMs. Once you’ve entered the title and text,
click ‘next’.
You can only table an EDM when the House is ✔ Your name will appear on the next page as
meeting. If you submit it at other times, it won’t the sponsor. If you have an interest to
be tabled and published until the House meets declare, click ‘action’ to the right of your
again. name and select ‘add relevant interest.’
✔ Select any MPs who have agreed to sign the
EDM (you don’t need any other signatures
and other MPs can sign the EDM after it has
been submitted.) Arrange the first six names
in the order in which you would like them to
appear when the EDM is published. Click
‘next.’
✔ On the confirmation page, you can save the
EDM as a draft, or click ‘submit’.

STEP 3
The Table Office will check your EDM and
contact you if there’s a problem. Once the Table
Office has approved your EDM, it’s been tabled.

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MPs’ Guide to Procedure

How to submit an
Early Day Motion on paper
Step-by-step: STEP 3
These steps are for submitting an Check that your EDM conforms to the rules
for EDMs.
EDM on paper. You can also submit
an EDM online. You or your staff STEP 4
can complete these steps, but your
Add your name to the EDM.
handwritten signature is required for
step 7. STEP 5
If you have a relevant interest to declare,
STEP 1 write “R” after your name. Email tableoffice@
parliament.uk to say what the interest is.
You can only table an EDM when the House
is meeting. If you submit it at other times, it
won’t be tabled and published until the STEP 6
House meets again.
Ask other MPs to sign the EDM to show their
support if you want (you don’t need any other
STEP 2 signatures and other MPs can sign the EDM after
it has been submitted). If you have other
Write the title and text of the EDM: signatures, indicate the order in which you would
• The title should be short and neutral. The like the first six signatures to appear when the
text must be a single sentence of no more EDM is published.
than 250 words beginning “That this
House…”. Use semi-colons to divide the
sentence up if necessary. You can get advice STEP 7
from the Table Office if you’re unsure about Take the EDM to the Table Office, or ask another
the wording, or look at some examples. MP to take it for you. Or sign the EDM and post
• You can download a template for EDMs from it or ask your staff to take it to the Table Office
the intranet or get one from the Table Office, (photocopied, stamped or faxed signatures can’t
but you don’t have to use the template. be accepted).

STEP 8
The Table Office will check your EDM and contact
you if there’s a problem. Once the Table Office
has approved your EDM, it’s been tabled and will
be published the next sitting day.

106
Early Day Motions

Rules for Early Day Motions Example of an Early Day


An EDM can be submitted by a single MP. Motion
It’s not necessary to collect any more Mobile Coverage in Rural Areas
signatures although you may want to do That this House condemns the poor mobile
this to show that other MPs support it. coverage that many people currently suffer from
in rural areas of the UK; notes that this issue is of
EDMs don’t need to be about things ministers are
ever-increasing importance as many local businesses
responsible for. They can be used to highlight
require mobile phone coverage for their customers
almost any issue.
to pay by card; and calls for legislation to be
Your EDM must: implemented to require all parts of the UK to be
• be no longer than 250 words covered by at least one service provider.

• be expressed in a single sentence, beginning You can see other examples in the EDMs database
“That this House…”, using a sem-icolon to (www.parliament.uk/edm).
separate each clause and using “and” to start
the last clause
• have a short, descriptive, neutral title.
Your EDM must not:
• criticise other MPs, peers, judges or members of
the royal family, unless this is the main subject of
the motion (if it is, the title should be “Conduct
of …”)
• refer to matters currently before the UK courts
• contain irony, or insulting or abusive language
• constitute an advertisement for a business
• be part of a campaign in the form of multiple
EDMs with minor variations on a single subject.

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MPs’ Guide to Procedure

Who can submit an What happens to


Early Day Motion? Early Day Motions at
EDMs are submitted by MPs who are not the end of a session?
ministers. If you become a minister, the EDMs lapse at the end of each session of
Table Office will remove your name from Parliament (a session starts with the King’s
any EDMs you have signed. If it’s your Speech and usually lasts about 12 months).
EDM, the Table Office will contact you to This means MPs can no longer add their
check if you want to withdraw it or would names or amend them. But the EDMs can
like another MP to take it over. still be viewed in the EDMs database.
You can re-submit an EDM from a previous session.
Names can be added and amendments submitted
Mistakes in your to it again.
Early Day Motion
Contact the Table Office if there’s a
mistake in your EDM.
If your EDM contains a small error the Table Office
may be able to make a correction which will appear
online from the next morning, and for any
subsequent appearances in print.
For more substantial changes, including a change
of title, you will need to withdraw and resubmit
your EDM.

Withdrawing your
Early Day Motion
Contact the Table Office to withdraw your
EDM. You can withdraw your EDM even if
other MPs have signed it.

108
Early Day Motions

Supporting an
Early Day Motion

Adding your name to another


MP’s Early Day Motion is a way of
showing your support for it. Your
colleagues might ask you to add
your name to their EDM.
You can also add the names of other MPs to
an EDM you have started without their
signatures, while the House is meeting but
you must have their authority to do so. To do
this, you contact the Table Office by email –
using your parliamentary email account – or
by phone (x3302). Alternatively you can visit
the Table Office with a list of Members to
add to an EDM, with your signature on.

109
MPs’ Guide to Procedure

How to add your name


to an Early Day Motion
Step-by-step:
You or your staff can complete these steps, but your staff can only
complete step 4 if they are registered to use the online MemberHub
or have your handwritten signature.

STEP 1
You can only add your name to an EDM when STEP 4
the House is meeting. You can submit a name at
other times, but it won’t be added until the There are five ways you can add your name
House meets again. to an EDM:
✔ Go to the online Member Hub (memberhub.
parliament.uk), click ‘search’ at the top of
STEP 2 the screen to search for the EDM, click
‘actions’ and select ‘sign’ or ‘sign and
If you don’t already have the text or number
declare interests’.
of the EDM you want to support, find it using
the EDMs database or contact the Table Office. ✔ Phone the Table Office on x3302 in person.
If the EDM hasn’t been published yet, you can
✔ Send an email to tableoffice@parliament.uk
view it in the Table Office and add your name to
from your parliamentary email.
it there.
✔ Visit the Table Office in person or ask another
MP to do so on your behalf.
STEP 3
✔ Send a signed copy of the EDM, or a signed
If you have a relevant interest, you must declare note indicating the number of the EDM, to
it when adding your name. the Table Office, or ask your staff to hand it
in. Photocopied, stamped or faxed signatures
can’t be accepted.

STEP 5
The Table Office will add your name to the EDM.

110
Early Day Motions

Amending an Early Day Motion


You can amend an Early Day Any MP can add their name to your
Motion (EDM). You can submit amendment. The process is the same as for
adding your name to the original EDM.
an amendment online using
MemberHub (https://memberhub. You can’t sign both an EDM and an
parliament.uk/), or in hard copy amendment to it. If you sign an amendment
to an EDM, the Table Office will remove
via the Table Office. Amendments your name from the main EDM.
must be on the same subject as the
You can’t amend your own EDM
original EDM and must not make (except to correct minor mistakes), but you
it longer than 250 words. You can can withdraw it (even if other MPs have
only table an amendment to an already signed it). Contact the Table
EDM when the House is meeting. Office to withdraw your EDM.
You can submit an amendment at
other times, but it won’t be tabled
until the House meets again.

111
MPs’ Guide to Procedure

How to amend an
Early Day Motion
Step-by-step:
You or your staff can complete these steps, but your handwritten
signature is required for step 7.

STEP 1
You can only table an amendment to an EDM STEP 5
when the House is meeting. You can submit an
amendment at other times, but it won’t be If you have a relevant interest to declare,
tabled until the House meets again. write “R” after your name. Email tableoffice@
parliament.uk to say what the interest is.

STEP 2
STEP 6
Write your amendment. Amendments must be Ask other MPs to sign the amendment if you
on the same subject as the original EDM and want (you don’t need any other signatures and
must not make it longer than 250 words. You other MPs can sign the amendment after it has
can get advice from the Table Office if you’re been submitted.) If you have other signatures,
unsure about the wording or look at an indicate the order in which you would like the
example. You can download a form for first six signatures to appear when the
amendments to EDMs from the intranet or get amendment is published.
one from the Table Office, but you don’t have
to use the form.
STEP 7
Take the amendment to the Table Office, or ask
STEP 3 another MP to take it for you. Or sign the EDM
and post it or ask your staff to take it to the Table
Check that your amendment conforms to the Office. Photocopied, stamped or faxed signatures
rules for EDMs. can’t be accepted.

STEP 4 STEP 8
Add your name to the amendment. The Table Office will check your amendment and
contact you if there is a problem. Once the Table
Office has approved your amendment it has been
tabled.

112
Early Day Motions

Example of an amendment
to an Early Day Motion
Original EDM:
Centenary of the Bolshevik Revolution
That this House notes, with great regret, that 7
November 2017 marks 100 years since Russia’s
Bolshevik Revolution which subsequently
demonstrated, time and again, that Communism
is a murderous political ideology, incompatible
with liberty, self-government and the dignity of
human beings, and injurious to the national,
ethnic and religious traditions of the world’s
peoples; further notes that Communism
subjected millions to theft, surveillance, terror
and ultimate destruction; acknowledges that the
cultural, political and economic legacy of Soviet
Communism still negatively affects vast numbers
of people today; and accordingly believes that the
crimes of Communism, together with those of
its mirror image, National Socialism, must forever
serve as a warning to humanity of the terrible
consequences of totalitarianism in all its forms.
Amendment:
Leave out from ‘notes’ to ‘again’ in Line 4 and
add, ‘that 7 November 2017 marks 100 years
since Russia’s Bolshevik Revolution, considers
that whilst the uprising of the Russian people
was understandable given the country’s history
of starvation, grinding poverty, autocratic
rule and the experience of the Great War,
subsequent history demonstrates, however’.

113
MPs’ Guide to Procedure

Publication of
Early Day Motions
Why hasn’t my Early Day
Early Day Motions (EDMs)
are published the next sitting
Motion been published
day after they are tabled. If your EDM hasn’t been published, there
EDMS are published online in the EDMs
may have been a problem that the Table
database. It includes the title and number Office couldn’t easily resolve. This could
of each EDM, the full text, and the names be because the wording of the EDM
and parties of the MPs who’ve signed it. The wasn’t clear or the title wasn’t sufficiently
database is searchable and also shows which
EDMs a particular MP has signed and when.
neutral or descriptive.
If this happens, the Table Office will get in touch
EDMs are also printed in a hard copy
with you by email, asking you to contact them
document that is available from the Vote
for a discussion.
Office. After an EDM has been printed, it
is only reprinted if any names are added If you want to be certain that your EDM will
to it during the week it’s tabled or the be tabled on the day it’s submitted, the best way
following week. Only the first six names is for you or your staff to bring it into the Table
and any names added since the last Office in person and ask them to check it on the
printing are included when it’s reprinted. spot. Please note that your staff will need your
handwritten signature to submit an EDM on
If you mention your EDM in a business your behalf.
question to the Leader of the House, Hansard
will print the text of the EDM in full.
In the rare event that a debate is scheduled,
the EDM will be removed from the
list of published EDMs and published
instead in the Future Business section of
the Order Paper and then on the Order
Paper for the day of the debate.

114
Early Day Motions

Early Day Motions


and delegated legislation
You can use a particular type of
Early Day Motion (known as a
‘prayer’) to object to a negative
statutory instrument. Negative
statutory instruments are a type
of delegated legislation (also
known as secondary legislation).
Delegated legislation is usually
concerned with detailed changes
to the law made under powers
given to Ministers by an existing
Act of Parliament.
Negative statutory instruments don’t require
approval by Parliament. They are formally
presented to each House and automatically
come into force on a fixed date unless an
objection is made within a specified period
(usually 40 days).

To object, you need to table an


Early Day Motion calling for the
instrument to be ‘annulled’. For more
information, please see how to object
to a negative statutory instrument.

115
MPs’ Guide to Procedure

Quick
Guide

The House of Commons accepts


two types of petitions: Your constituents can
use petitions to call
• E-petitions are started by
members of the public and
submitted through the
e-petitions website. If 10,000
people sign an e-petition, the
for action on an issue
Government will respond.
If 100,000 people sign an for which Government
or Parliament is
e-petition, the Petitions
Committee will consider holding
a debate. You can see how
many people in your
constituency have signed a responsible.
particular petition by looking at
the e-petitions website.
• Paper petitions (also known as
public petitions) are presented
by MPs on behalf of constituents
or other members of the public.
They can either be presented
formally in the Chamber or
informally. Paper petitions
receive a response from the
Government. There is no
minimum number of signatures
needed for this to happen.
The Petitions Committee also
considers paper petitions
for debate.

116
6
Petitions

118 Paper petitions


125 E-petitons
127 Petitions Committee
and debates

PETITIONS
CONTACT AN EXPERT

For paper petitions:


Journal Office: x3310 publicpetitions@parliament.uk
For e-petitions and the Petitions Committee:
Petitions Committee: x4887 petitionscommittee@parliament.uk

117
MPs’ Guide to Procedure

Paper petitions
You can present a paper petition
(also known as a public petition)
on behalf of your constituents
or other members of the public.
There are two methods:
There are two methods:
• Formal: You can present a petition in the
Chamber, before the Adjournment debate
(the half-hour debate at the end of the
day). You must let the Journal Office know
you want to do this by the time the House
finishes on the previous sitting day. A sitting
day is a day when the House is meeting.
The title of the petition will appear in the
Order Paper. You will have a chance to speak
briefly about the petition in the Chamber.
• Informal: You can put a petition into the
petitions bag behind the Speaker’s Chair
at any time when the House is meeting.
There is no need to give notice. You
won’t have a chance to speak about the
petition. Ministers can’t present petitions
formally, but can present them informally.
In both cases, the petition will be printed in
Hansard and will receive a written response
from the Government.

118
Petitions

How to present a
paper petition formally
Step-by-step:
These steps are to present a petition formally in the Chamber, which gives
you a chance to speak briefly about it. You can also present a petition
informally, without speaking.

These steps are for you as an MP rather than your staff, although
your staff can carry out step 1 on your behalf.

STEP 1
Email the text of the petition to STEP 3
publicpetitions@parliament.uk, or take it to the
Journal Office, to check that it’s correctly Bring the top sheet of the petition with you if
worded. For guidance on wording, look at the you visit the Journal Office in person. If you
rules for petitions. You should send your called the Clerk of Public Petitions you should
petition at the earliest opportunity so that email the top sheet separately. It should contain
petitioners’ signatures can be properly the full text of the petition and the names,
corrected and to avoid you having to make last addresses and handwritten signatures of at least
minute changes. two petitioners (unless the petition is addressed
as coming from a single petitioner, in which case
one signature and address is fine). The Journal
STEP 2 Office will check the petition. If you do this in
person they will take a copy and give you back
Visit the Journal Office in person or call the Clerk the original. If you do this by email the Journal
of Public Petitions (x3310) to give notice that you Office will confirm the petition is in order and
want to present the petition. You need to give at you can then print it off.
least one sitting day’s notice. A sitting day is a day
when the House is meeting. So, the latest you
need to contact the Journal Office is before the
House finishes meeting the on previous sitting day.

119
MPs’ Guide to Procedure

STEP 4
The Journal Office will also agree a neutral title STEP 7
for the petition with you. The title and your
name will be printed on the Order Paper and in You then read the request the petition makes to
Hansard. the House, which is the part of the petition that
starts “The petitioners therefore request
that…”.
STEP 5
If you have a relevant interest to declare, let the STEP 8
Journal Office know.
Once you have finished speaking, walk down
the Government side of the Table in front of
STEP 6 where the Speaker sits and hand the petition to
the clerk, who reads out the title of the petition.
Presentation of petitions takes place just before
the Adjournment debate (the half-hour debate
at the end of the day). On Monday, this is STEP 8
usually around 10pm, on Tuesday or
Wednesday around 7pm, and on Thursday Take the petition from the clerk and give it to
around 5pm. The Speaker will call your name. the doorkeeper who is waiting behind the
You stand and say one or two short sentences Speaker’s Chair, or put it in the green bag
about the petition. For example, you could behind the Speaker’s Chair.
mention how many people have signed it. If
you have declared an interest, you must
mention it when presenting your petition.
Remember to keep your remarks brief.

120
Petitions

How to present a paper


petition informally
Step-by-step: STEP 3
These steps are to present a Print your initials and your name in the top right
corner of the petition top sheet. The top sheet
petition informally. You can also should also include the full text of the petition
present a petition formally in and the names, addresses and handwritten
signatures of at least two petitioners (unless
the Chamber, which gives you a there is only one petitioner, in which case one
chance to speak about it briefly. signature and address is fine).

These steps are for you as an MP


STEP 4
rather than your staff, although
Provide your contact details so that the Journal
your staff can carry out step 2 Office can get in touch if they have any
on your behalf. questions.

STEP 5
STEP 1
If you want to present the petition
You can present a petition informally at any anonymously, please write this on the petition.
time while the House is meeting. There’s no Otherwise, the Journal Office will assume you
need to give notice, or declare relevant want your name to be printed with the petition.
interests.

STEP 6
STEP 2
Put the petition in the green bag behind the
Make sure the petition follows the rules for Speaker’s Chair.
petitions and is worded correctly. You should
ask advice from the Clerk of Public Petitions
before submitting an informal petition in case
the petition is not orderly.

121
MPs’ Guide to Procedure

Rules for paper petitions


A paper petition must:
• be handwritten or printed on a plain sheet
of paper in English (or accompanied by a
translation that you state is correct) and
contain no deletions or insertions
• use moderate and respectful language
• have a top sheet that includes the full text
of the petition and the names, addresses
and handwritten signatures of at least two
petitioners (unless there is only one petitioner, in
which case one signature and address is fine):
– photocopies and electronic
signatures are not permitted
– the signatures and addresses must match
the description of the petitioners: for
example, if the petition is from Liverpool
residents, the signatures and addresses
must be of Liverpool residents
– MPs usually present petitions from their
constituents, but you can present a petition
from any British citizen or UK resident
who approaches you (if you do this, you
should inform the local MP as a courtesy)
– you must not sign a petition as a petitioner
that you intend to present (although you can
sign a petition presented by another MP).
A paper petition must not:
• refer to matters that are currently
before the UK courts
• ask directly for additional public
money to be spent.

122
Petitions

EXAMPLE OF PAPER PETITION


There are certain phrases that need to be included in the text of the petition:

Phrase to include

• To the House of Makes it clear who the petition is addressed to.


Commons You don’t need to add anything.

• The petition of …, Sets out who the petitioners are.


You need to describe them in a single sentence.
For example: The petition of residents of the
constituency of Stone in Staffordshire,

• Declares that… Sets out the problem or issue your petition is about.
You need to describe it in a single sentence.
For example: Declares that the No. 31 bus service
to Cheadle from Hanley should not be withdrawn.

• The petitioner(s) Sets out what action the petitioners want (this section
therefore request(s) the is known as the request or prayer).
House of Commons… You need to state clearly what the petitioners want
the House of Commons to do. Petitions often ask the
House of Commons to urge the Government to take
action. It should be possible to understand exactly what
the petitioners want by reading this section on its own.
For example: The petitioners therefore
request that the House of Commons urges the
Government to ensure that the No.31 bus service
to Cheadle from Hanley is not withdrawn.
NOT: The petitioners therefore request that the House
of Commons urges the Government to ensure that the
bus service is not withdrawn.

• And the petitioner(s) The formal closing statement of the petition.


remain(s), etc. You don’t need to add anything.

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MPs’ Guide to Procedure

The full text of the petition would look like this: Response to paper petitions
Whether a petition has been presented
To the House of Commons
informally or formally, the journey it takes
The petition of residents of the constituency afterwards is the same:
of Stone in Staffordshire,
• the petition will be printed in the next day’s
Declares that the No. 31 bus service to Cheadle Hansard, and sent to the relevant department.
from Hanley should not be withdrawn.
• the department will normally issue a
The petitioners therefore request that the response (known as an ‘observation’)
House of Commons urges the Government to within two months, but this might take
ensure that the No.31 bus service to Cheadle longer if there’s been a recess.
from Hanley is not withdrawn.
• the response is printed in Hansard and a copy
And the petitioners remain, etc. is sent to you and the Petitions Committee.
• the Petitions Committee will consider the
The full text of the petition needs to appear on the response and can recommend further action:
top page, but subsequent pages only need the for example, it might recommend a debate in
request or prayer (the paragraph beginning “The Westminster Hall (although this is rare), or send
petitioners therefore request that…”). the petition to the relevant select committee.

A more traditional form of wording is available from


the Journal Office on request.

124
Petitions

Rules for e-petitions


E-petitions The Petitions Committee checks e-petitions
before accepting or rejecting them.
An e-petition must:
An e-petition is an online petition • be created and signed by British
to the House of Commons or the citizens or UK residents
Government started by a member • be signed by at least five people, as
of the public on the e-petitions well as the original petitioner
website. • be different from existing e-petitions
E-petitions receive a Government response if • make a clear, serious request about something
they have 10,000 signatures or more. The that the Government or Parliament is
Petitions Committee considers e-petitions for responsible for (for example, it can’t be about
a debate if they have 100,000 signatures or things that are devolved to the Scottish
more. E-petitions stay open for six months, or Parliament, Welsh Parliament / Senedd
until the end of the Parliament (whichever Cymruor Northern Ireland Assembly)
comes first), after which they are closed. • use moderate and respectful language.
Constituents who have a question about how
An e-petition must not:
their e-petition has been handled can email
Petitions Committee staff directly at • contain material that is offensive,
petitionscommittee@parliament.uk. confidential, libellous, false or campaigning
for a particular political party
• concern a matter before the courts.
The full standards for e-petitions are available
on the e-petitions site: petition.parliament.uk/
help#standards.

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MPs’ Guide to Procedure

How long does it take to What happens after an


check an e-petition? e-petition has been accepted?
Petitions Committee staff aim to check all If an e-petition reaches 10,000 signatures,
e-petitions within seven days. It may take a the Government will publish a written
little longer if the Petitions Committee staff response. If any of your constituents have
need to seek further information in order signed the e-petition, the response will be
to decide whether a petition can be emailed to them. Departments should
accepted. provide responses within 14 days and
Constituents who are concerned about any
at the latest within 21 days.
delays checking an e-petition can contact If an e-petition receives more than 100,000
Petitions Committee staff directly by emailing signatures, the Petitions Committee will consider
petitionscommittee@parliament.uk. whether it should be debated. Some e-petitions
are considered for a debate before they reach
100,000 signatures, but this is rare. Most
What if a constituent’s e-petitions that meet the threshold are debated,
but the Committee may decide not to put an
e-petition has been rejected? e-petition forward for debate, especially if the issue
has been debated recently or will be debated soon.
Around three quarters of e-petitions are
If the topic of an e-petition is already due to be
rejected. Constituents will receive a debated in a different type of debate, the Petitions
message explaining why the e-petition has Committee may ask for the petition to be ‘tagged’
been rejected. The most common reason is to the debate. This means that the e-petition is
that the e-petition makes the same request listed in the Order Paper as being relevant to
the debate.
as an already published petition.
Information about any upcoming debates on
Constituents who want to complain about an e-petition will be emailed to any of your
the rejection of an e-petition can contact constituents who have signed it, where they
Petitions Committee staff directly by emailing have opted in to receive updates about the
petitionscommittee@parliament.uk. petition they signed.

Can MPs start e-petitions?


There is no rule that prevents MPs or peers
from starting an e-petition. The Petitions
Committee has agreed that priority for
debating time will be given to e-petitions
started by the public. This is because MPs
have other opportunities to get time
for debates.
126
Petitions

Petitions Committee
and debates
The Petitions Committee is a
select committee that considers
e-petitions and paper petitions
and decides what action, if
any, to take. It can put forward
petitions for debate.
The Petitions Committee consists of up
to 11 backbenchers from Government
and Opposition parties. Backbenchers
are MPs who are not Ministers
or shadow Ministers.

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MPs’ Guide to Procedure

How to take part


in a Petition debate
Step-by-step:
These steps are for you as an MP,
rather than your staff.

STEP 1
If you wish to take part in a petition debate,
follow the same process as for other debates.
Write to, or email, the Speaker’s Office, to
explain that you would like to speak. You may
wish to mention if you have a particular
constituency or other interest in the petition.

STEP 2
You should be present for the opening speech
at the start of the debate.

STEP 3
After the opening speech catch the Chair’s eye
by standing to show you want to speak. The
Chair will call you at a convenient moment.

STEP 4
Once you have spoken, you should stay to hear
the remainder of the debate.

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Petitions

Actions the Petitions Format of petitions debates


Committee can take Debates on petitions in Westminster Hall
are general debates about the issues
The Petitions Committee can:
raised by the petition. The debates take
• ask for more information from the petitioners, place on the motion: “That this House
the Government, or other people or
organisations – in writing or in person (in has considered” the relevant petition.
Parliament or elsewhere in the UK) This allows you to discuss the petition
• put forward petitions for debate and related concerns, ask questions
• ask another parliamentary Committee about the Government’s position, or
to look into the topic press the Government to take action.
• press the Government or another
public body to act A member of the Petitions Committee opens the
debate, and can speak for or against the petition.
• publish reports on petition topics After the contributions from backbenchers, there
are contributions from the two main Opposition
parties and a response from a minister. The MP
Time and location of who has opened the debate will often have a few
minutes at the end to sum up.
petitions debates Petition debates are shown live on parliamentlive.tv/
The Petitions Committee has two options if Commons, and the Hansard report is published
online within four hours.
it decides an e-petition or paper petition
should be debated. Outcomes of petitions
Firstly, it can recommend a debate in Westminster
Hall, which is the second debating Chamber. These
debates
debates take place on Mondays at 4.30pm, for up Petitions debates can’t directly change
to three hours.
the law or result in a vote to implement
Secondly, it can ask the Backbench Business the request of the petition. They can help
Committee to find time for a debate in the main
to raise awareness of the issue among
Chamber on one of the days allocated to it by
the Government. The Backbench Business MPs and the wider public, and put
Committee considers: pressure on the Government.
• topicality and timing
• whether holding a debate is important
• the number of MPs who are likely to take part
• whether a similar debate has already been
held or is likely to be arranged soon
Both types of debates will be listed in the
Order Paper.

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MPs’ Guide to Procedure

Quick
Guide
Bills Delegated Legislation
Bills are proposals for new laws. Ministers use delegated legislation
If they pass every stage of scrutiny in to make changes to the law under
the House of Commons and House of powers given to them in an Act of
Lords, they receive Royal Assent and Parliament. Delegated legislation
become Acts of Parliament. You can is sometimes known as secondary
suggest amendments to bills at various legislation (to distinguish it from Acts
points in their journey through the of Parliament, which are primary
House of Commons. legislation).
Most bills that become Acts of Some delegated legislation is technical
Parliament are public bills, which (for example, it updates the amount
means they apply to everyone and of a fine imposed by an Act). Some is
affect all people in the same way. more wide-ranging and fills out the
Most public bills are Government detail of a broad provision in an Act
bills, proposed by a minister. Public (for example, the Act specifies that
bills proposed by an MP who’s not there will be an appeals process and
a minister are known as Private delegated legislation sets out how the
Members’ Bills. appeals process will work).
Private Members’ Bills are different The Government can also add provisions
from private bills. Private bills affect to a bill to enable them to use delegated
particular groups, people or places legislation to repeal or amend an Act of
in a different way from others. For Parliament. Such provisions are known
example, they might affect some local as Henry VIII clauses.
councils but not others.
Statutory instruments are the most
Hybrid bills combine elements of public common type of delegated legislation.
and private bills. This means they apply Delegated legislation is just as much a
generally but also have a particular part of the law as Acts of Parliament.
effect on specific groups, people or
places. The High Speed Rail (London –
West Midlands) Bill is an example.

130
7
132 Bill stages
150 Amendments
168 Private Members’ Bills
188 Legislation and
the House of Lords
198 Private bills
206 Hybrid bills
210 Delegated legislation
and statutory instruments

BILLS AND DELEGATED


LEGISLATION
CONTACT AN EXPERT

Public Bill Office: x3251 pbohoc@parliament.uk

131
7a
MPs’ Guide to Procedure

BILL STAGES
CONTACT AN EXPERT

Public Bill Office: x3251 pbohoc@parliament.uk

132
Bills and Delegated Legislation

Quick
Guide

A bill needs to pass A bill can start its journey in either House.
First reading is the formal presentation of
through certain the bill and doesn’t involve any debate.
Government bills are usually published

stages in the
immediately after first reading. The House
debates the general principles of the bill at

House of Commons
second reading, and amendments (proposed
changes) at committee stage and report
stage. The House decides whether to agree

and the House the bill at third reading.


The bill then passes to the other House.

of Lords before it The first House is asked to agree with


amendments made by the second.

can become law. Once both Houses are agreed, the bill
receives Royal Assent and becomes law.

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MPs’ Guide to Procedure

Draft bills
Draft bills are early versions of
bills. The Government don’t have
to publish a bill in draft form, but
they sometimes do this to get
feedback on what they are
proposing. The process of
examining a draft bill is known
as pre-legislative scrutiny.
Pre-legislative scrutiny is often undertaken
by specially-formed joint committees with
members drawn from the House of
Commons and the House of Lords. But it can
also be undertaken by a select committee
with a specific interest in the draft bill.
Sometimes pre-legislative scrutiny is
undertaken by both a joint committee and a
select committee.

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Bills and Delegated Legislation

First Reading
Who decides whether a Bill
First reading is the bill’s formal
introduction. There’s no debate. starts in the Lords
Government bills are usually published
or Commons?
immediately after first reading. The Government decides whether the
The clerk reads the title of the bill and bill starts its journey in the House of
a Government whip names a date for Commons of the House of Lords.
second reading.
The most politically sensitive bills usually start
The whip will often say “tomorrow,” but
in the Commons. Some bills (for example, bills that
this is just a way of placing the bill on the
are mainly about money such as the Finance Bill)
list of upcoming business. It doesn’t mean
always start there. Law Commission Bills (the Law
the second reading will actually happen
Commission is an independent body which reviews
tomorrow. In practice, there are usually
the law and recommends reform) and
two weekends between first reading and
Consolidation Bills (bills that are intended to
second reading.
tidy up rather than change the law) usually start
in the Lords.
Regardless of which House the bill starts in, it
has to be agreed by both Houses before it can
become law.

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MPs’ Guide to Procedure

Second Reading
A spokesperson for the official Opposition and then
Second reading is your chance to a minister make closing speeches. They are usually
talk about the purpose of the bill. different from the people who started the debate.
It’s the first time the bill is Once the time for the debate has run out, or there
debated. are no more MPs who want to speak, the House
needs to make a decision on second reading.
The debate usually takes a whole sitting
If the Speaker has chosen a reasoned amendment
(about five or six hours), after which MPs
to the second reading, there will be a vote on this
decide whether the bill should pass to the
first. Any MP can submit a reasoned amendment
next stage. Occasionally, second reading
setting out their reasons for disagreeing with the
debates for major bills take place over two
bill. If the reasoned amendment is agreed to, the
days.
bill’s progress is stopped, but this is very rare.
It’s possible for a bill to have a second reading
with no debate, as long as MPs agree to the If the reasoned amendment is defeated, or if there is
bill’s progress. no reasoned amendment, the Speaker will say, “the
question is that the bill be now read a second time”.
If there’s no objection, the bill passes its second
reading. If there are objections there will be a vote.
What happens in the
Chamber at second reading?
If you want to take part in second reading,
Alternatives to a second
you should write to the Speaker in reading debate in the
advance and then stand when other MPs Chamber
do to try to catch the Speaker’s eye during
The Government can ask the House to
the debate.
refer a bill to a Second Reading Committee
For Government bills, a minister starts the – or to a Welsh, Scottish or Northern
second reading debate by moving that the bill
“be now read a second time”, and outlines its Ireland Grand Committee – instead of
purpose. After the minister’s speech, there are debating it in the Chamber. These requests
speeches from: are rare. Bills are usually only referred to a
• a spokesperson for the official Opposition Second Reading Committee if they deal
• a spokesperson for the third largest party with small or uncontroversial issues.
• backbench MPs (MPs who are not A Second Reading Committee or Grand Committee
ministers or shadow ministers) reports back to the House, and the House decides,
There are often time limits on backbench speeches without any debate, whether the bill should receive
to fit as many MPs in as possible. a second reading.

136
Bills and Delegated Legislation

Timetabling and Money


Programme orders
Immediately after the second
reading of a Government bill, A programme order sets out the detailed
the House usually decides without timetable for a bill. Bills don’t have to have
further debate on any programme a programme order.
order, or money, or ways and Before it is agreed, a programme order is called
means, resolutions. These relate a programme motion. Programme motions
to the timetabling and financial are usually put to the House for agreement
immediately after second reading, in which
elements of the bill. case they are not debated. But they can also be
introduced later in the bill’s progress, in which case
they can usually be debated for up to 45 minutes.
A programme order (or later supplementary
programme orders) can set out:
• whether the bill’s committee stage will
take place in a public bill committee or
a Committee of the whole House
• the deadline for a public bill committeee to
finish its work or the number of days allocated
for a Committee of the whole House
• the time allocated for report stage and
third reading
A programme order might also cover the sequence
in which the clauses of the bill are considered at
committee stage and report stage.
Programme orders have largely replaced allocation
of time or ‘guillotine’ motions, which were used to
limit the amount of time that MPs could spend
debating a particular stage of a bill.

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MPs’ Guide to Procedure

Money resolutions
MPs must agree a money resolution
if a bill proposes spending public money
on something that hasn’t already been
authorised by Parliament. Before it’s
agreed, a money resolution is called
a money motion.
Money motions are normally put to the House
for agreement immediately after second reading,
in which case there’s no debate (because there’s
already been a chance to talk about the money
resolution in the second reading debate). If a
money motion is introduced at another point
during the bill’s progress, it can usually be debated
for up to 45 minutes.

Ways and Means resolutions


A ways and means resolution is needed to
authorise the creation, extension or
increase of taxes or other charges. Before
it’s agreed, a ways and means resolution is
called a ways and means motion.
Ways and means motions are most commonly put
to the House for agreement immediately after
second reading, in which case there’s no debate
(because there’s already been a chance to talk
about the ways and means motion in the second
reading debate).
When the main purpose of a bill is to tax or charge
the public (as it is with the Finance Bill), the ways
and means motions are debated and agreed before
the bill is introduced.

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Bills and Delegated Legislation

Committee Stage
At committee stage, MPs go
through the bill in detail. The
committee stage usually starts a
couple of weeks after second
reading.
Most bills are considered by a public bill
committee, which is usually made up of 17
MPs. Public bill committees can take evidence
from the public.
Bills can also be considered by MPs in the
Chamber in what’s known as a Committee of
the whole House. This usually happens if the
Government needs to pass a bill quickly or if a
bill is of constitutional importance.
Sometimes bills can be considered partly by a
public bill committee and partly by a
Committee of the Whole House. This usually
happens with Finance Bills.
In rare cases a Select Committee can be set up
to consider a bill, such as the Armed Forces Bill
Select Committee. In these cases, the bill is
then considered in a Committee of the whole
House.

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MPs’ Guide to Procedure

Public bill committees Programming sub-committee


A public bill committee usually has If the bill is subject to a programme order,
17 members, who are appointed by the a public bill committee’s first job is to
Committee of Selection. If you would consider its programme of meetings.
like to be on a public bill committee you The Speaker appoints a programming
should speak in the second reading debate sub-committee to make a proposal
and talk to your whips. Party balance about this.
in a public bill committee reflects party
A programming sub-committee has seven MPs,
balance in the House. drawn from the Government and Opposition sides
The Speaker appoints the committee’s Chairs from of the committee. It usually includes the minister,
the Panel of Chairs. They are impartial and don’t shadow minister and whips. The programming
take part in the debate. sub-committee will make a proposal to the
committee about:
Committees on Government bills often have
a set period of time to consider the bill. This is • when the committee will meet
set out in the programme order, which is usually • what time its final meeting will end
agreed by the House on the day of the second (there will probably already be a programme
reading debate. They usually meet on Tuesdays order setting out what date it should end on)
and Thursdays, both morning and afternoon. • who it should hear oral evidence from
A public bill committee considers the text of a bill • what order the committee should
in detail. The committee often starts by taking oral consider the clauses of the bill in.
evidence on the bill. If the bill started its journey in
the House of Lords, oral evidence isn’t taken. The The committee can amend and vote on this
committee then goes through the bill line by line, proposal as its first item of business.
looking at each clause and schedule.
If you’re a member of the committee, you can
move amendments to the bill. If you’re not a
member of the committee, you can submit
amendments, but you will need an MP who is a
committee member, to move them so that they can
be debated. The committee decides on any
amendments moved to a clause or schedule and
then on whether the clause or schedule should
remain in the bill.
The committee disbands once it’s finished
considering the bill.

140
Bills and Delegated Legislation

MEETING TIMES FOR PUBLIC BILL COMMITTEES


Public bill committees on Government bills usually meet on Tuesdays and Thursdays.
Typical sitting times are:

Sitting Start/End Time

Tuesday AM

Starts Typically 9.25am

Ends 11.25am (can’t be later)

Tuesday PM

Starts Typically 2pm

Ends No fixed end time (unless last meeting of Committee)

Thursday AM

Starts 11.30am (can’t be earlier)

Ends Typically 1 pm

Thursday PM

Starts Typically 2 pm

Ends No fixed end time (unless last meeting of Committee)

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MPs’ Guide to Procedure

Rules for public Final meeting of


bill committees a public bill committee
When the committee is hearing oral Once the committee has considered all the
evidence from witnesses you should follow clauses and schedules of a bill, the Chair
the same rules as in a select committee. will propose that “That I do report the Bill,
For example, you may call other MPs by as amended, [or without amendment] to
their names and need not stand to speak. the House.” Having completed its business,
When the committee is examining the text of the the committee is disbanded.
bill, you should follow the same rules as in the If the committee runs out of time, the Chair is
Chamber. For example, you should stand to speak required to put a series of proposals to the
and refer to other MPs by their constituency. committee without any debate. These are to agree:
For both types of meeting: • the amendment or clause being
• food and drink (other than debated when time ran out
water) aren’t allowed • any amendments proposed by a minister
• you can use laptops (unlike in the • any other amendments that have already
Chamber) and other electronic devices been debated and which the Chair
so long as they don’t disturb others decides warrant a separate vote
• you can speak more than once • the remaining clauses and schedules to the bill
in the same debate (unlike in the
Chamber, when you usually can’t) • any new clauses or new schedules
proposed by a minister
• speeches must be relevant to the
part of the bill being debated Amendments that haven’t been proposed
by a minister and that haven’t been debated
(because that bit of the bill wasn’t reached)
can’t be voted on.

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Bills and Delegated Legislation

Committee of the
whole House
A Committee of the whole House meets
in the Chamber. All MPs are members of
the Committee and any MP can take
part. It considers the Bill in the same way
as a public bill committee, but doesn’t
take evidence.
Before the Committee starts the Speaker leaves the
Chair and a Deputy Speaker or a member of the
Panel of Chairs (MPs chosen by the Speaker for
chairing duties) takes over. The ceremonial Mace is
removed from its place on the table in front of the
Speaker’s chair.
Once this has happened the House is in Committee
and the debate on the amendments and clauses
begins.
There’s no need to write to the Speaker in advance
to take part in a Committee of the whole House.
If you want to speak, stand up when the previous
MP has finished and try to catch the Chair’s eye.
As in a public bill committee, once MPs have gone
through the detail of the bill it is reported, with any
amendments made to it, to the House for the next
stage of its progress.

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MPs’ Guide to Procedure

Report Stage
What happens in the
Report stage, also known as
Consideration, is an opportunity Chamber at report stage?
for the whole House to consider There’s no need to write the Speaker in
what has been done during the advance to take part in report stage. If you
committee stage. There is no set want to speak, stand up when the
time period between the end of previous MP has finished and try to catch
committee stage and report stage. the Speaker’s eye.
You can propose amendments at report stage. Unlike at committee stage where all schedules and
clauses of the bill need to be agreed, at report
If the bill has been amended at its committee stage only the parts of the bill MPs are seeking to
stage, it will normally be reprinted before amend are considered.
report stage.
The usual sequence at report stage is:
If the bill has been considered by a
Committee of the whole House (rather than a • new clauses
public bill committee) and not amended, • amendments to existing clauses
there is no report stage and the Bill passes
• new schedules
straight to third reading.
• amendments to existing schedules
But for Government bills a programme order can
set out a different sequence.
Once all the amendments have been dealt with,
the report stage is over and the bill moves to
third reading.

144
Bills and Delegated Legislation

Third Reading
What happens in the
Third reading is the final
opportunity for MPs to pass or Chamber at third reading?
reject the whole bill. It normally For a Government bill, a minister starts the
takes place immediately after third reading debate by moving that the
report stage. There is usually up to bill “be now read the third time” and
an hour for the debate, although making a speech. If there’s time, this will
some of this time might be used be followed by speeches from:
up by any votes at the end of • a spokesperson for the official Opposition
report stage. • a spokesperson for the third largest party
In the House of Commons, you can’t amend • backbench MPs (MPs who are not
the text of the bill at third reading (unlike in ministers or shadow ministers)
the House of Lords, where amendments can If you want to take part in third reading, you
be made at third reading). If you disagree should write to the Speaker in advance and then
with the content of the bill, you can submit a stand when other MPs do to try to catch the
reasoned amendment setting out why. The Speaker’s eye during the debate.
Speaker will decide whether to select your
reasoned amendment for debate. Reasoned It’s rare to have closing speeches at third reading.
amendments to third reading are rare. At the end of the third reading debate, the
House decides whether to pass the bill. There
may be a vote.

King’s consent What happens after


If a bill affects the interests of the King or
third reading?
Prince of Wales, they need to agree to put If the bill started in the Commons,it is sent
those interests at the disposal of the to the House of Lords. If the Lords change
House. This is called Consent and is the bill, it comes back to the Commons
different to Royal Assent. A minister who’s with a list of the changes, which the
a Privy Counsellor will formally indicate Commons is asked to agree. These
that King’s Consent or Prince of Wales’s changes are known as Lords Amendments.
Consent has been received at the start of The bill is sent back and forth between the Houses
the third reading debate. as they resolve any disagreements on the final
wording of the Bill. This is known as ping-pong.
Once the bill is agreed by both Houses, it is sent
for Royal Assent.
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MPs’ Guide to Procedure

Royal Assent
Carrying bills over
Once a bill has completed all the
parliamentary stages in both to another session
Houses, it’s ready to receive Royal Any bill that hasn’t received Royal
Assent. This is when the King Assent by the end of a session falls.
formally agrees to make the bill But a Government bill can be preserved.
into an A minister can table a motion known as
Act of Parliament. a “carry-over motion”. In the next session,
a carried-over bill restarts at whatever stage
Bills are usually presented to the King for
Royal Assent in batches at roughly monthly it had reached in the preceding session.
intervals. When Royal Assent has been Carry-over motions only apply to Government bills
granted, it is announced by the Speaker of and don’t apply to bills that started in the House
each House. of Lords. A bill can only be carried over once.
At the end of a Session, any bills awaiting A carry-over motion extends the life of a bill to
Royal Assent are dealt with during the 12 months from its first reading in the House of
Prorogation ceremony, with the Clerk of the Commons. If the bill won’t reach Royal Assent by
Parliaments (the lead official in the House of then, the Government can ask the House to agree
Lords) speaking the words of Royal Assent in to extend the deadline.
Norman French (“Le Roi le veult” – “the King
wishes it”). Bills can’t be carried over between parliaments
(i.e. following a general election).

146
Bills and Delegated Legislation

147
Assent
Royal

Consideration of
A

amendments
Third reading
3
House of Lords

Report stage
R
Committee stage
C
Second reading

2
First reading

1
Third reading

3
House of Commons
Report stage

R
Committee stage

C
Second reading
Bill Stages

2
First reading

1
House of Commons
Bill started in the
MPs’ Guide to Procedure

Find your way round a bill


A bill includes:
• A statement that that bill is
compatible with the European
Convention on Human Rights.
• A short title, which is the name by which
the bill is usually known. For example:
Haulage Permits and Trailer Registration Bill.
• A long title, describing what the bill
does. For example: A Bill to make
provision about the international
transport of goods by road; to make
provision about the registration of
trailers; and for connected purposes.
• Enacting words, which are a formal
statement that the bill will be a
law starting “Be it enacted…”
• Clauses, which are the main content
of a bill. Clauses can have subsections,
paragraphs and sub-paragraphs. For
example, a reference to clause 5(2)(a)
(i) would be to clause 5, subsection (2),
paragraph (a), sub-paragraph (i) of the
bill. Clauses become sections when
the bill passes into law and becomes
an Act. Sometimes clauses will be
grouped together in parts or chapters.
• Schedules, which come after the
clauses and set out the details of how a
particular clause will work in practice.

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Bills and Delegated Legislation

Bill documents Explanatory Notes are written by the Government


to explain the purpose of the bill and of each
You can find bill documents on Bills before clause and also cover:
Parliament on Parliament’s website or on • expected public sector costs
the House Papers app. Hard copies are • impact on the private sector
available from the Vote Office. • human rights
Bills themselves are re-printed at various different • which parts of the UK the bill
stages in their journey through Parliament and it’s applies to (territorial extent)
important you have the most recent version. If Other useful documents that relate to a bill include:
you’re any doubt about which this is, you can ask
the Public Bill Office for help by calling x3251 or • an impact assessment, which
emailing PBOHoC@parliament.uk. Bills are given a analyses the economic, social and
environmental effects of a bill
different number each time they’re printed, which
can help to identify them. • a delegated powers memorandum, which sets
out: how delegated legislation will be used;
why the Government are asking for these
powers; why the method of scrutiny proposed
for the delegated legislation is appropriate
• House of Commons Library briefing papers on
bills (you can also phone the Library on x3666)
• Select Committee reports that are relevant
to the topics covered by the bill
• House of Lords Delegated Powers and
Regulatory Reform Committee report.

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MPs’ Guide to Procedure

AMENDMENTS
CONTACT AN EXPERT

Public Bill Office: x3251 pbohoc@parliament.uk

150
Bills and Delegated Legislation

Quick
Guide
You can submit your Amendments are proposed changes to the
text of a bill that would alter its meaning.

own amendment
An amendment should do one of three things:
• leave out words

or add your name


• replace words with other words [leave
out…and insert…]

to someone else’s
• add words
You can also submit a “reasoned

amendment to
amendment” to a bill’s second or third
reading. Reasoned amendments are not like
other amendments: they don’t propose

show your support changes to the text of the bill. Instead, they
are essentially motions in which you set out

for it. The Public Bill


your reasons for not wanting the bill to have
a second or third reading.

Office can help you


write amendments.

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MPs’ Guide to Procedure

Submitting amendments
You can submit amendments
at three different stages of
a bill’s progress:
• committee stage
• report stage
• when a bill has been amended
by the Lords and returned to
the Commons for consideration
of Lords amendments

You can submit the same amendment at


report stage as you did at committee
stage, but it’s up to the Speaker to choose
whether to select it for debate. The
Speaker might decide that the issue has
already been fully discussed.
Amendments submitted by backbenchers
are unlikely to be agreed to, but can be
used as a way of holding a debate on an
issue or establishing the Government’s
intentions (this type of amendment is
sometimes called a probing amendment).
The Government can submit amendments
to their own bills.

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Bills and Delegated Legislation

How to
submit an amendment
Step-by-step:
You or your staff can complete these steps, but your staff need to
be authorised with the Public Bill Office to act on your behalf before
they can complete them.

STEP 1
Get a copy of the bill and the explanatory STEP 3
notes. They are available on Bills before
Parliament on Parliament’s website or in hard Use their advice and the guidance on writing
copy from the Vote Office. effective amendments to write your
amendment. Amendments can be typed or
handwritten. You must include the name of the
STEP 2 bill and make it clear which part of the bill
you’re amending. You can look at an example
Contact the Public Bill Office, or visit in person, of an amendment.
and ask to speak to one of the Clerks working
on the bill. If you already have a draft of your
amendment, you can run it past them. If not, STEP 4
explain what you would like your amendment
to achieve and ask their advice on which part Consider writing an explanatory statement
of the bill to amend and how to write of about 50 words to accompany your
your amendment. amendment. This should objectively
describe the effect of the amendment.
An explanatory statement isn’t compulsory but
is recommended.

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STEP 5
Submit your amendment (and any
accompanying explanatory statement). There
are three ways for you as an MP to do this:
✔ in person in the Public Bill Office or Table
Office.
✔ in hard copy (including by post), with your
handwritten signature (photocopied,
stamped or faxed signatures are not
accepted).
✔ by email from your parliamentary email
account (or another email account if
you’ve agreed this in advance with the Public
Bill Office).
Once your staff have been authorised with the
Public Bill Office, they can submit an
amendment in two ways:
✔ in person in the Public Bill Office
✔ by email from a parliamentary email account.

STEP 6
The Public Bill Office will check your
amendment and contact you if there are any
problems. Once the Public Bill Office has
accepted your amendment, it has been tabled.

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How to add a
name to an amendment
Step-by-step: STEP 2
You can add your name to someone Submit the name(s). If you are adding more
else’s amendment to show your than one name, indicate the order in which you
would like them to appear. There are four ways
support for it. You can also add for you as an MP to submit the name(s):
another MP’s name (with their ✔ in person in the Public Bill Office
permission) to your own amendment. ✔ by phoning the Public Bill Office on x3251
The process is the same. ✔ in hard copy (including by post), with your
handwritten signature (photocopied,
stamped or faxed signatures are not
You or your staff can complete these accepted)
steps, but your staff will need to be ✔ by email from a parliamentary email account
authorised with the Public Bill Office (or another email account if you’ve agreed
this in advance with the Public Bill Office).
before they can complete them. Once your staff have been authorised with the
Public Bill Office, there are two ways in which
they can submit the name(s):
STEP 1 ✔ in person in the Public Bill Office
Find the amendment to which you wish to ✔ by email from their parliamentary email
add the name(s). An amendment paper is account.
available on Bills before Parliament on
Parliament’s website or from the Vote Office.
If you are adding the names of other MPs to
your own amendment, make sure you seek
their permission.
STEP 3
The Public Bill Office will confirm that the
name(s) have been added.

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How to authorise your staff When can I submit


with the Public Bill Office amendments?
You can authorise your staff with the Amendments can be submitted at three
Public Bill Office to act on your behalf in different stages of a bill’s progress:
tabling amendments and adding names to • committee stage: you can submit amendments
amendments which have been tabled. for committee stage as soon as the second
reading debate has finished (you can
To do so, you need to send an email to the Public hand your amendment to the Clerks at
Bill Office (pbohoc@parliament.uk) giving the Table in the Chamber immediately
authorisation for the member of staff to act on after second reading if you want)
your behalf, and confirming their email address. • report stage: you can submit
The email must come from your parliamentary amendments for report stage as soon
email account. as the committee stage has finished
• Lords amendments: when a bill has been
Who can submit and amended by the Lords and returned
to the Commons for consideration
withdraw amendments? of Lords amendments (there is more
information on Lords amendments in
You can submit and withdraw your a separate section of the Guide).
own amendments. You can also do
At committee and report stages the deadline for
this on behalf of another MP if you have
submitting amendments is three working days
their permission. before the relevant part of the Bill is due to be
considered.
You can submit an amendment for the committee
stage of the bill even if you’re not a member of the Amendments submitted after the deadline
public bill committee. But you would need a are not usually selected for debate.
member of the committee to act on your behalf in
At third reading, the only amendments that can be
the committee meeting to ‘move’ the amendment,
made are to correct minor errors of wording (for
so that it could be debated.
example, a typo in the bill). These are called verbal
If you have authorised your staff with the Public Bill amendments. They are very unusual and can’t be
Office, they can submit and withdraw amendments used to make significant changes.
on your behalf.

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Tabling deadline for amendments For consideration on

Monday (end of sitting, usually 10.30pm*) Thursday

Tuesday (end of sitting, usually 7.30pm*) Friday

Wednesday (end of sitting, usually 7.30pm*) Monday

Thursday (end of sitting, usually 5.30pm*) Tuesday

Sitting Friday (end of sitting, usually 3.00pm) Wednesday

Non-sitting Friday (3.00pm) Wednesday

*Or end of Westminster Hall if later than the end of the sitting in the main Chamber

New clauses and new Leaving out a clause


schedules At committee stage, you can submit an
A new clause or a new schedule is a amendment to leave out an entire clause,
proposal for a new standalone element but although it will be printed in the
of the bill. amendment paper, it will not be selected
for debate. This is because each clause is
If there’s nowhere obvious to put your amendment
already subject to a “clause stand part”
within the existing text of the bill, it might be better
as a new clause (part of the body of the bill) or a debate, which gives you a chance to vote
new schedule (additional information at the end of on whether it should remain part of the
a bill). Every schedule has to be mentioned bill. So, if you want to leave out a clause
somewhere in the clauses of the bill. So unless a
you simply vote against the clause standing
new schedule is intended as a replacement for an
existing schedule, it will be accompanied by a new part of the bill.
clause or an amendment to an existing clause.
At report stage, there are no clause stand part
You can submit a new clause or new schedule in debates, so if you want to leave out an entire
the same way as you submit an amendment. clause, you need to submit an amendment to this
effect.

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Selection and grouping Starred and manuscript


Your amendment will be given a number amendments
(according to the order in which it was Amendments usually need to be
tabled, so if it’s the first amendment to be submitted three working days before
tabled it will be number 1.) they’re due to be considered. The stars on
The Chair selects which amendments are eligible the amendment paper are a way of
for debate. The Chair might not select an indicating how long ago the amendment
amendment if it: was submitted:
• was late
• no star means the amendment has
• doesn’t make sense and/or would make appeared on the amendment paper for
a nonsense of all or part of the bill the required three-day period and is
(sometimes called wrecking the bill) eligible to be selected by the Chair
• has been tabled to the wrong bit of the bill • a hollow star means it is the second
• is vague day the amendment has appeared
on the amendment paper
• is outside the scope (the subject matter)
of the bill, or the clause or schedule • a full black star means this is the first
day the amendment has appeared
• would involve spending money that has on the amendment paper.
not authorised by a money resolution
Manuscript amendments are amendments where
• reopens an issue that has already no notice has been given. They are rare. They may
been covered in depth have been received and selected by the Chair the
The Public Bill Office will let you know when same morning the bill is being considered in the
you submit your amendment if it’s unlikely to Chamber or committee. It’s the Chair’s decision
be selected. whether to select manuscript amendments for
debate and normally they won’t be selected.
The Chair can also group similar amendments Manuscript amendments that have been selected
together, so the debate is not repetitive. by the Chair are made available as soon as possible
For a public bill committee, selection and grouping in the Vote Office and on Bills before Parliament on
will be carried out by the MPs from the Panel of Parliament’s website. If the manuscript amendment
Chairs who’ve been chosen to chair the committee. relates to a bill in Committee of the Whole House,
For a Committee of the whole House, the the annunciators (the monitors around the
Chairman of Ways and Means (the principal Deputy parliamentary estate) will display a message to
Speaker) will carry out the selection and grouping. inform MPs when they are available.
For report stage, the Speaker will carry out the
selection and grouping.
Selection and grouping is the Chair’s decision.
You should not question it during the debate.
.

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Rules and tips


for amendments
You need a clear idea of the aim Writing your amendment
of the amendment. It can be Amendments work by changing the
useful to write it out in plain language in the bill. An amendment
English. For example: should do one of three things:
“To require the Secretary of State to consult • leave out words
the NSPCC before appointing the Children’s
• replace words with other words
Commissioner.” [leave out…and insert…], or
Most legislation either: • add words
• requires or enables people (and/ You should bear in mind:
or bodies) to do things, or
• You must describe the precise point of the
• requires them to do things bill you’re trying to amend, in the following
in a certain way, or order: clause, page, line. Make sure you are
• forbids them from doing things using the latest version of the bill. If the bill has
been amended in committee, it will probably
Think about how to express your intentions have been republished and you will need
in these terms. the “As amended in Committee” version for
report stage. If you’re unsure whether you
Once you have an idea of your aims, you can
have the latest version, you can check with
contact the Public Bill Office and have a the Public Bill Office or the Vote Office.
discussion with one of the Clerks working on
the bill. • You can’t amend the title of a clause
or the heading of a part of the bill.
• It can be useful to find another provision
in an existing act that achieves a similar
purpose to your amendment. Lexis Library
is a searchable database of UK legislation
and can be accessed on the intranet.
• If your amendment refers to other bits of
the bill, you should call them sections rather
than clauses (because a clause becomes a
section when a bill gets Royal Assent and
becomes an act). Similarly you should refer
to subsections rather than subclauses.

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MPs’ Guide to Procedure

• If you’re leaving out only a few words then Example amendment


quote the words that you’re leaving out in full.
For example: Leave out “long-haired cats”. You can find plenty of examples
But if you’re leaving out a long chunk of text of amendments on Bills before Parliament
(more than eight words) use the formula:
Leave out from “x” to “y” (where “x” and on Parliament’s website. Go to the page
“y” are the words you want to keep in the for an individual bill, click on “All Bill
bill. For example, an amendment to the text: Documents” and then look at the
“Applications to hold a dog show must be
submitted in triplicate and red ink to the amendment papers.
council office two weeks before the date of
the event.” to remove the requirements to This example is from the Automated and Electric
complete an application in triplicate and red Vehicles Bill.
ink, would leave out from ‘submitted’ to ‘to’. Text of Bill:
• You might need to define some of
the language you’re using (if it’s not 15 Regulations
already defined in law). For example: […]
“In this section “cruelty” means…”
(3) Before making regulations under this Part, the
• Amendments may require related amendments Secretary of State must consult such persons as the
to make them effective. For example, an
Secretary of State considers appropriate.
amendment to leave out subsection (4) might
require other amendments to remove references Text of amendment:
to subsection (4) elsewhere in the bill.
Clause 15, page 8, line 32, leave out from
“consult” to end and insert –
“(a) the National Grid,
(b) large fuel retailers and service area operators as
defined under section 10, and
(c) any other such persons as the Secretary of State
considers appropriate.”
Member’s explanatory statement:
This amendment would require the Secretary of
State to consult specifically with the National Grid,
large fuel retailers and service area operators before
introducing regulations.

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Example new clause Scope


You can find plenty of examples of new Amendments have to be in scope. Scope
clauses on Bills before Parliament on is “what the bill is about”. The scope is
Parliament’s website. Go to the page for determined by the bill’s existing clauses
an individual bill, click on “All Bill and schedules.
Documents” and then look at the You can submit an amendment about something
amendment papers. that is not already in the bill, but any new
topic must be reasonably close to the bill’s
This example is from the Automated and Electric
existing content.
Vehicles Bill.
If you think your amendment might be outside the
Text of new clause:
scope of the bill, contact the Public Bill Office as
To move the following Clause – soon as possible.
“Report on electric charging points
(1) The Secretary of State must, within 12 months
of this Act receiving Royal Assent, lay a report
before Parliament setting out a UK-wide electric
charging point strategy that must include, but is
not limited to, a strategy for establishing charging
points for –
(a) domestic properties,
(b) urban and rural settlements, and
(c) the road network.
(2) Before exercising their duties under subsection
(1), the Secretary of State must consult the Scottish
Government, the Welsh Government and the
Northern Ireland Executive and have regard to their
views.”
Member’s explanatory statement:
This new clause would require the Government to
consult with devolved administrations and produce
a report setting out a UK-wide strategy for electric
charging points.

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MPs’ Guide to Procedure

Debating and voting


on amendments
At both committee stage and report At report stage, decisions are made in
the following order:
stage, amendments are debated in
the order indicated on the Chair’s • new clauses
selection list. The MP who tabled • amendments to clauses
the amendment that heads each • new schedules
group (known as the lead • amendments to schedules
amendment) will be called to move It’s possible for the debate on an amendment
it and speak about it. MPs who and the decision on that amendment to take
tabled other amendments in the place at different times. For example, if the
Government has tabled an amendment to
group can speak about their schedule 1 at committee stage, and it has been
amendment in the debate on that grouped with an amendment that relates to
group. Once the debate on that clause 2, the debate will take place when the
group is over, debate on the next committee reaches clause 2 of the bill, but the
decision won’t take place until the committee
group begins. reaches schedule 1.
At committee stage, decisions are made when
the Chair reaches the clause that the
amendment affects. Unless a Programme Order
says differently, the Committee makes decisions
in the following order:
• clauses (including any amendments
to those clauses)
• new clauses
• schedules (including any amendments
to those schedules)
• new schedules

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Documents for amendments Debates on amendments


For a debate involving amendments, you The Chair will call the MP who has tabled
need the: the lead amendment in a group to move it
• bill (the latest version; if a bill is amended during and speak first. The lead amendment is the
committee stage, it is usually re-published, with only one formally moved and debate takes
the amendments included, for report stage). place on a question proposed from the
• amendment paper: sets out the text of the Chair “that the amendment be made”.
amendments, new clauses and new schedules
in the order in which they relate to the bill, Other MPs are then free to catch the Chair’s eye to
rather than in numerical order. This means that speak on any or all amendments in the group. An
your amendment could be No. 1 (if it’s the first MP may speak more than once in the same debate.
amendment to be tabled) but appear some The minister will usually be called to speak towards
way down the amendment paper (because
the end, before the MP with the lead amendment
it relates to a later part of the bill than other
amendments that were submitted after yours). is called again to respond.

• selection list (sets out the amendment numbers When replying to the debate, the MP with the lead
the Chair has selected for debate, how the amendment should indicate whether they wish to
amendments have been grouped together and withdraw the amendment or have a vote on it.
the order in which the groups will be debated). Normally, the committee or the House will agree
You can see an example of a selection list here. that an amendment can be withdrawn, but if
All these documents will be published on Bills before anyone objects, the debate on the amendment
Parliament (on the relevant Bill page) on Parliament’s can be continued and the amendment can be put
website as soon as they are available and you can to a vote.
get printed copies from the Vote Office.
If you want to have a vote on any other
amendment in the group, you need to let the
Chair know – for instance by giving notice in
your speech.

Once the debate on that group of amendments has


finished, the debates moves on to the next group
of amendments on the selection list.

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MPs’ Guide to Procedure

Votes on amendments
Unless they’re withdrawn, not moved, or
not selected, all Government amendments
require a decision. They will either be
agreed to (or, theoretically, disagreed to)
without a vote or a vote will take place.
Sometimes, the Chair will group a series of
non-controversial decisions on technical
Government amendments together and
pose one question on their agreement.
A single MP can object to this approach
and then the amendments will have to be
decided separately.
Votes on all other amendments are at the Chair’s
discretion. The Chair has to balance time available
for debating the bill with accommodating MPs
who’ve said they want to vote on an amendment.

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Reasoned amendment to
second or third reading
If you want to record reasons
for objecting to the second
reading, or more rarely the
third reading, of a bill, you can
submit a reasoned amendment.
A reasoned amendment sets out
reasons for rejecting the bill.
A reasoned amendment must:
• be within the scope of the bill
(what the bill is about)
• be fatal to the bill (in other words, it can’t
just raise a series of objections that could
be dealt with by submitting amendments
at committee stage or report stage)
• be more than simply a direct negation
of the whole principle of the bill.
If the reasoned amendment is agreed to,
the bill can’t make any more progress.
Only one reasoned amendment can be
selected and debated at each stage of
a bill (although more than one can be
tabled and appear on the Order Paper).
If several reasoned amendments have
been tabled, the Speaker decides which
one, if any, to select for debate.

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MPs’ Guide to Procedure

How to submit a
reasoned amendment to
second or third reading
Step-by-step:
These steps are for you as an MP although your
staff can help you with steps 1 and 2.

STEP 1
Identify your reasons for not wanting the bill to STEP 4
continue at second or third reading.
Take your reasoned amendment to the
Table Office in person. You need to do this by
the time the House finishes meeting on the
STEP 2
sitting day before the second or third reading
Write a reasoned amendment in the form: debate. A sitting day is a day when the House
“That this House declines to give a second/third is meeting.
reading to the […] Bill because [reasons].”

STEP 5
STEP 3
Once the Table Office has accepted your
Contact the Public Bill Office to discuss your reasoned amendment, it has been tabled.
reasoned amendment and make sure it is The Speaker will then decide whether to select
eligible to be selected for debate. it for debate.

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Bills and Delegated Legislation

Examples of
reasoned amendments
This House declines to give a Second Reading to
the Cities and Local Government Devolution Bill
[Lords], notwithstanding the need for devolution
to local communities, because the Bill does not
offer meaningful devolution to England and
would leave behind England’s town, county and
shire regions, ignores the will of the people by
imposing mayors as a condition of devolution,
threatens the financial stability of local government
by not offering a fair funding settlement,
and fails to reshape central Government for
a long-term commitment to devolution.
This House declines to give the Finance (No. 2)
Bill a Second Reading because it derives from the
2017 Budget which confirmed the continuation of
austerity, it fails to provide the necessary stimulus
to compensate for the economic impact of Brexit,
it fails to address the inequity of VAT being charged
on the Scottish Police Authority and the Scottish
Fire and Rescue Service, it fails to provide concrete
measures to support the oil and gas industry, it
increases Insurance Premium Tax above the level of
inflation, it increases duty on Scotch whisky, and it
is a wholly inadequate response to the economic
challenges being faced by Scotland and the UK.

167
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MPs’ Guide to Procedure

PRIVATE MEMBERS’
BILLS
CONTACT AN EXPERT

Clerk of Private Members’ Bills: x3254 PBOHoC@parliament.uk

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Bills and Delegated Legislation

Quick
Guide

Any MP who isn’t There are three ways to introduce your bill:
• Win one of 20 places in the Private

a minister can Member’s Bill Ballot: these bills are


given priority on the 13 Fridays set
aside for debating Private Members’
introduce a Private Bills. The ballot takes place towards
the start of a session (a session

Member’s Bill.
starts with the King’s Speech).
• Apply for a Ten-Minute Rule Bill:

They can be about


this gives you ten minutes to talk
about your bill in the Chamber.

any topic, but the


• Apply for a Presentation Bill: the title of
your bill will be read out in the Chamber,
but there’s no opportunity for a speech.

main purpose can’t To introduce a bill, you need to give it a short


title (a name) and a long title (a description of

be to create a new what it does). You don’t need any other text to
introduce a bill, but you must have a text by

tax or increase
second reading, if there is one. The Public Bill
Office handles applications for Private Members’
Bills and can help you with the process,
Government including helping you to write titles for your Bill.

spending.
You can have up to 11 supporters of your bill,
but you don’t have to. You should give the
names of your supporters to the Public Bill
Office before you introduce the bill. After the
bill has been introduced, names can’t be
changed or removed.

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MPs’ Guide to Procedure

Private Members’ Bill ballot


Ballot Bills are the first Private The draw for the ballot happens on the second
Members’ Bills to be introduced. Thursday after the King’s Speech. The Chairman
of Ways and Means (the principal Deputy
This gives them priority for the 13 Speaker) hosts the draw. Twenty numbers are
Fridays a session that are set aside drawn at random. The numbers are called in
for Private Members’ Bills. Securing reverse order, meaning that if you’re last to be
a Ballot Bill is your best chance of drawn, you can get the first choice of a second
reading slot, which guarantees you a debate on
getting time for a full second your bill.
reading debate, which increases the
The draw is public so you can attend if you like.
chances of your bill passing all the The list of winners is placed in the No Lobby, in
stages necessary to become law. the Vote Office, and on Parliament’s website.
The Clerk of Private Members’ Bills will also get
The ballot takes place early in each session, and
in touch if you’ve been successful.
the Speaker will announce when it’s open. You
need to enter your name in the ballot book and
wait to hear if you’ve been drawn.

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How to
enter the Private
Members’ Bill ballot
Step-by-step:
These steps are for you as an MP, rather
than your staff. You can sign the ballot book
on behalf of another MP, but if you do you
forfeit your own chance to enter the ballot.

STEP 1
Arrangements for entering the ballot will be
shown in the Announcements section of the
Order Paper early in the new Session. Entry to the
ballot is on the Tuesday and Wednesday before
the draw takes place. This is normally in the week
after the King’s Speech. You don’t need to give
any details about your bill – you don’t even need a
subject or a title at this stage.

STEP 2
The draw for the Private Members’ Bill ballot takes
place on the second Thursday after the King’s
Speech. You can attend the draw if you want, but
don’t have to be there. Details of the time and
room will be announced in the Order Paper.

STEP 3
The Clerk of Private Members’ Bills will get in
touch if your name is drawn.

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MPs’ Guide to Procedure

Successful in the Private When you present your bill, the Speaker will ask
you, “Second reading what day?” The Clerk of
Members’ Bill ballot Private Members’ Bills can tell you which days have
been allocated to Private Members’ Bills. You can
The higher you are on the list, the more choose any of these days for your second reading.
likely it is you will be contacted by many If your bill is the first on the Order Paper for one of
people and organisations with ideas the first seven sitting Fridays, it will definitely be
debated. If it is second or third on the Order Paper,
for your bill. The choice is yours, as it can be debated only after those before it have
long as the main purpose of your bill been dealt with, and it might not be debated at all
is not to create a tax or cause if time runs out.
Government spending. Once you have named a date for your second
reading, you will need to write the text of the bill.
Sometimes, ministers will agree that you may
The Clerk of Private Members’ Bills can offer advice
present ‘handout’ bills, written by Government
on how to do this.
lawyers (Parliamentary Counsel). If you accept the
offer of a ‘handout’ bill, you can ask Parliamentary You can find out more about the next stages
Counsel to act on your behalf for some parts of and how Private Members’ Bill Fridays work in
the bill. You stay in charge of the bill as a whole. the section on progress of Private Members’ Bills.
When you have a bill in mind, you need a short
title (its name) and a long title (a description of
what it does). For example, one of the bills from
the 2022 ballot had a short title of “Supported
Housing (Regulatory Oversight) Bill” and a long
title of:
“Bill to make provision about the regulation
of supported exempt accommodation;
to make provision about local authority
oversight of, and enforcement powers
relating to, the provision of supported exempt
accommodation; and for connected purposes.”
The Clerk of Private Members’ Bills can help with
the wording of titles, and you can also get help
from outside organisations.
Once you have agreed the title of your bill with the
Clerk of Private Members’ Bills, it can be put on
the Future Business section of the Order Paper. You
will need to present your bill for first reading on
the fifth Wednesday of the session. This is a formal
stage, with no debate. Ballot Bills, unlike the other
types of Private Members’ Bills, can be presented
by another MP on your behalf if you give notice of
this in advance.

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Ten-Minute Rule Bills


Two Ten-Minute Rule Bills are
presented in the Chamber each
week: one on Tuesday and one on
Wednesday, after Question Time and
any urgent questions or oral
statements. You apply by email or in
person to the Public Bill Office. The
earliest you can apply for a Ten-
Minute Rule Bill slot is the day after
the fifth Wednesday of the session.
A session starts with the King’s
Speech. There are informal allocation
arrangements for slots overseen by
the whips.
If you get a slot, you make the case for the bill in
the Chamber for ten minutes, and one other MP
can have ten minutes to speak against it.

Ten-Minute Rule Bills are unlikely to become law,


but are a way of drawing attention to an issue that
requires a change in the law and speaking about it
in the Chamber.

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MPs’ Guide to Procedure

How to
apply for a
Ten-Minute Rule Bill
Step-by-step:
These steps are for you as an MP, although your staff can help with step 1.

The earliest you can apply is 10 am on the day after the fifth Wednesday
of the session. At this point, the first few slots are allocated on a first-come
first-served basis. After that successive slots can be booked 15 sitting
days ahead. In practice, slots are usually taken on the first day they
become available.

STEP 1
Decide on a short title (a name) and a long title STEP 3
(a description of what it does) for your bill.
Once you’ve had a discussion with your whips,
Look at the rules on Private Members’ Bills for
visit the Public Bill Office in person, email
help or ask the Public Bill Office (email
PBOHOC@parliament.uk to apply for the
PBOHOC@parliament.uk or phone x3254).
Ten-Minute Rule Bill slot. Alternatively, another
MP can do this on your behalf.
STEP 2
Talk to your whips about the informal allocation STEP 4
arrangements that apply to Ten-Minute Rule Bill
Let the Public Bill Office have a list of any
slots. Ten-Minute Rule Bills can be presented on
other MPs who support the bill (you can have
Tuesdays and Wednesdays and only one bill can
up to 11, but don’t have to have any).
be presented on each day. You can’t present a
bill on the day of the Budget (there’s a Monday
slot the following week instead, though).
STEP 5
The Public Bill Office will email you a dummy
bill to be printed off, which has the short and
long titles of your bill on it and explain how
to present your Ten-Minute Rule Bill in
the Chamber.

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How to
present a Ten-Minute
Rule Bill in the Chamber
Step-by-step:
These steps are for you as an MP, rather than your staff.
You have to present the bill yourself. Other MPs can’t do it for you.

On your allocated day, your bill will appear on the Order Paper. It will be
taken after Question Time and any urgent questions or oral statements.

STEP 1
When the Speaker calls you, begin by saying STEP 3
“Mr Speaker, I beg to move that leave be given to
The Speaker puts the question on whether
bring in a bill to [words of the long title]”. You
you have leave to bring in the bill, and,
can speak for up to ten minutes. No other MPs
if necessary, calls a vote. If there’s a vote,
are allowed to intervene during your speech.
you need to be prepared to tell the Clerks
the names of two tellers (MPs who count
the votes) for the Ayes, so should organise
STEP 2
that in advance among your supporters.
When you are finished, another MP who
opposes the motion may also speak for up to STEP 4
ten minutes. They have to speak against: there
can’t be a second MP speaking to support your If leave to bring in the bill is granted, the
bill. The minister responsible for the area of your Speaker asks “Who will prepare and bring in
bill will usually be present for the speeches. the Bill?”. You reply “Ms A, Mr B… [reading out
the list of supporters from the dummy bill] …
and myself, Sir/Madam.”

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STEP 5
You then go to the Bar of the House (the white
line on the floor across the width of the
Chamber) holding the dummy bill (which the
Public Bill Office will have emailed you), bow
once, walk five paces forward, bow again, and
walk to the ceremonial Mace and bow a third
time. Next, go down the Government side of
the table in front of the Speaker and hand the
dummy bill to the Clerk.

STEP 6
The Clerk reads the short title of the bill and the
Speaker says “second reading, what day?” You
should name the day which you have chosen.

STEP 7
Once presented, your bill will be added to the
queue of others on the list for debate on the
13 Private Member’s Bill Fridays.

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Bills and Delegated Legislation

How to
speak against a Ten-Minute
Rule Bill in the Chamber
Step-by-step:
These steps are for you as an MP, although you staff
can help with step 1.

STEP 1
STEP 4
Check the Future Business section of the Order
Paper to see which day the bill you want to speak After the initial Ten-Minute speech from the MP
against is being considered. in charge of the bill, stand up to indicate to the
Speaker that you want to speak against the bill.

STEP 2
STEP 5
You don’t need to inform the Speaker that you
intend to speak against the bill, but it’s helpful If you are called, you can speak for up to ten
if you can. minutes. You must speak against the bill and
you shouldn’t take interventions.

STEP 3
STEP 6
You should be in the Chamber from the start of
After you’ve finished speaking, the Speaker will
the Ten-Minute Rule Bill and stay throughout.
put the question, at which point you can object
by saying “No” and trigger a vote.

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Votes on Ten-Minute
Rule Bills
There can be a vote on whether a Ten-
Minute Rule Bill can be introduced. There
are a few ways in which the question can
be decided:
• There is no speech opposing the bill, suggesting
that no one wants to vote against it, and
the bill is introduced without a vote.
• There is a speech against the bill and
MPs shout “No” when the Speaker puts
the question that leave be granted to
bring it in. This results in a vote.
• There is a speech against the bill but MPs don’t
object when the Speaker puts the question,
and the bill is introduced without a vote.
If the vote is in favour, or if there is no vote, the bill is
introduced and can move on to its second reading on
another day (although in practice the chances of the
second reading debate actually taking place are slim
because priority is given to bills introduced under the
Private Member’s Bill ballot). If the vote is against the
bill, it can’t be introduced and goes no further.

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Bills and Delegated Legislation

Presentation Bills
A Presentation Bill is unlikely
to become law, but is a way of
drawing attention to an issue that
requires a change in the law.
Presenting the bill is a purely formal event and
you will not be able to speak to the House
about it. The bill will be listed on the Order
Paper and its presentation will be recorded in
Hansard and the Votes and Proceedings.
You can apply for a presentation bill by
emailing the Public Bill Office (PBOHOC@
parliament.uk) or visiting it in person from 10
am on any day the House is meeting after the
fifth Wednesday of the session. A session
starts with the King’s Speech.
You can present a bill on any day the House is
meeting. You can present more than one bill
on the same day.
There can’t be a vote on a Presentation Bill,
because the House isn’t being asked to decide
anything about it. In effect, the presentation
simply announces the bill’s existence to the
House of Commons.

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How to apply for


a Presentation Bill
Step-by-step:
These steps are for you as an MP, although your
staff can help with step 1.

STEP 1
Decide on a short title (a name) and a long title STEP 4
(a description of what it does) for your bill.
Look at the rules on Private Members’ Bills for The Public Bill Office will email you a dummy
help or ask the Public Bill Office (email bill to print off, with the short and long title of
PBOHoC@parliament.uk or phone x3254). the bill on it.

STEP 2 STEP 5
You will present your bill after Question Time
Email the Public Bill Office (PBOHOC@
and any urgent questions or oral statements on
parliament.uk), visit in person, or ask another
Monday to Thursday or at the start of business
MP to do so on your behalf, any time between
on Fridays.
10 am and when the House finishes meeting.
The earliest point you can apply is the day after
the fifth Wednesday of the Session. Let the
Public Bill Office know that you want to apply
for a Presentation Bill and agree your short and
long titles with them.

STEP 3
Let the Public Bill Office know which day you
want to present your bill. You can present a bill
on any subsequent day the House is meeting.

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Bills and Delegated Legislation

How to
present a Presentation
Bill in the Chamber
Step-by-step:
These steps are for you as an MP rather than your staff. You must present
the bill yourself. Another MP can’t present it on your behalf. You need to
apply for a Presentation Bill, before you can present your bill in the Chamber.

Bills are presented after Question Time and any urgent questions or oral
statements on Monday to Thursday, or at the start of the day on Friday.

STEP 1
You should stand behind the Speaker’s Chair STEP 5
(with the dummy bill which you will have been
emailed by the Public Bill Office), on the Speaker’s The Speaker will ask “Second reading, what
right-hand side. day?” You name the day you have chosen.
The Public Bill Office can help you choose a
day from the list of available sitting Fridays.
STEP 2
The Speaker will call your name.
STEP 6
Once you have presented the bill, it will be
STEP 3 scheduled for its second reading on the date
you have given. It will be placed after any bills
You walk to the table in front of the Speaker
already listed on the Order Paper for that day,
and hand the dummy bill to the Clerk.
so the chances of it being debated are small.

STEP 4
Video of Presentation Bill
The Clerk will read the short title of the bill. https://parliamentlive.tv/event/index/615fa478-
90a6-4341-a873-46efe3f08ace?in=13:15:47&o
ut=13:16:05

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MPs’ Guide to Procedure

Rules on Private Members’ Bills


The main aim of your bill must
Short and long titles
not be to create a new tax or The short title of your bill must describe its
increase Government spending, content. It should be factual and shouldn’t
although if this happens as a be a slogan. For example, titles such as
secondary effect, it might be “Fairness at Work” and “Modernisation of
allowed. If your bill has any Justice” have been ruled out. You can use
clauses in it that might have an abbreviation in your bill, but only if it’s
financial implications, those very well known, such as NHS.
clauses may need to be You should use the long title of the bill to set out
authorised by a resolution of the the contents of the bill in more detail. The long
House before committee stage. title should cover everything that will be part of the
It’s best to get advice on this bill. You can use the phrase “and for connected
purposes” to cover any minor related issues that
from the Public Bill Office. you might leave out of the long title otherwise.
Your bill can’t duplicate anything that has In the case of Ten-Minute Rule Bills, where you
already been decided by the House of might need to claim your slot before you’re sure
what your title will be, you can give a ‘holding
Commons in that session.
title’, to the Public Bill Office, but only until
Your bill must keep to the scope that you five sitting days before you are due to present
have set out in the short and long title. it. The Public Bill Office can advise on this.

You can’t introduce a Presentation Bill or a One of the 2017 Ballot Bills had a short
Ten-Minute Rule Bill on behalf of another title of “Assaults on Emergency Workers
(Offences) Bill” and a long title of:
MP. You can only introduce your own bill.
“Bill to make provision about offences when
The bill will be published before the
perpetrated against emergency workers, and
second reading. You, and other MPs, can
persons assisting such workers; to make certain
get a copy from the Vote Office. The bill offences aggravated when perpetrated against
will also be published on Bills before such workers in the exercise of their duty; to require
Parliament on Parliament’s website. persons suspected of certain assaults against such
workers which may pose a health risk to provide
intimate samples and to make it an offence,
without reasonable excuse, to refuse to provide
such samples; and for connected purposes.”

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Bills and Delegated Legislation

Your bill must not contain anything that you Particular interests
haven’t stated in the long title, but sometimes
amendments can be made at committee stage or and human rights
report stage that are within the scope of the bill but
require a change to the title. This is a complicated Your bill might affect the interests of the
area and the Public Bill Office can advise you on it. King or royal family, and would therefore
need consent from the King or the Prince
Devolved matters of Wales. The Public Bill Office will tell you
If your bill involves any issues that are if your bill needs this.
devolved to Wales, Scotland or Northern The Joint Committee on Human Rights may also
Ireland, you may need to ask for the contact you, if they think that your bill may be
devolved institutions to pass a legislative incompatible with the Human Rights Act 1998.
consent motion. You can get advice from The Clerk of Private Members’ Bills will be able to
the Public Bill Office about how to do this. advise you whether any of these things is likely to
happen once you submit your draft bill.
While the UK Parliament has the right
to legislate across the UK, there is a
convention that the devolved institutions
give permission first.
Supporters for
Private Members’ Bills
You don’t need supporters for your bill.
If you would like to have supporters, you
must give their names to the Public Bill
Office before you present your bill. You can
have up to 11 supporters, not including
yourself. No ministers are allowed.
Names can’t be added or removed from
the bill after it has been presented.

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MPs’ Guide to Procedure

Private Members’ Bills


in the Chamber
There are 13 days set aside for After the days for second readings are done, there
are “remaining stages’ Fridays. On these, bills that
Private Members’ Bills in each are awaiting report stage or third reading take
session. A session starts with the priority over those awaiting second reading.
King’s Speech. If your name is drawn Bills are taken in order of how far they have got
in the Private Member’s Bill ballot, through the parliamentary process (although a
bill that hasn’t started its report stage takes
you and 19 more MPs will present precedence over one where the report stage
your bill on the fifth Wednesday of has been started and adjourned).
the session. Debate on Private Members’ Bills can continue
When you present your bill, the Speaker will ask until the moment of interruption (the point at
you “second reading what day?” and you will which the main business of the day usually has to
need to name one of the available Fridays. These finish: it’s 2.30 pm on a Friday). The Speaker or
are listed in House of Commons calendar available Deputy Speaker will then say “Order, order”. If
from the Vote Office. If it hasn’t been printed yet, no one has called a vote on your bill, you will be
the Public Bill Office will be able to advise you asked to name another day to continue the
on dates. debate on whatever stage your bill has reached. If
other bills are already ahead of you on the Order
If you are the first MP to name a particular Friday, Paper on the day you name, your bill is not likely
your bill will be the first one on the Order Paper to progress further. On the last of the 13 days
that day. This means you will potentially have a full allocated for Private Members’ Bills, all the
day (the 5 hours from 9.30am to 2.30pm on remaining bills are listed on the Order Paper. The
Fridays) to debate your bill at its second reading. first will be debated, but most of the others are
The first seven of the 13 days are set aside for likely not to be. Those not agreed that day all
second readings of Private Members’ Bills, so if you expire, meaning that they won’t become law.
are not in the top seven bills, your bill is likely to be
the second or third listed for the day you’ve Ten-Minute Rule or Presentation Bills have less
chosen. You don’t have to name the first available chance of being fully debated than Ballot Bills
day, but it may be in your best interests to do so because of lack of available time and because the
because if your bill gets its second reading it will 20 Ballot Bills are presented first and therefore
be ahead of bills debated on later dates. take the first slots on second reading days.

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Bills and Delegated Legislation

What happens in the If the debate does finish before 2.30pm, the Speaker
puts the question on second reading, and calls a vote if
Chamber on Private one is needed. You’re responsible for finding two tellers,
who will help count the votes. You must present their
Members’ Bill Fridays? names to the clerks at the table.
Private Members’ Bills Fridays often start If the debate is still continuing at 2.30pm, it’s
with an MP standing up and saying “I beg adjourned and no debate is possible that day on any
to move that the House do sit in private.” of the bills listed after it. The clerk reads out in turn
the titles of the other bills listed. If one of those bills is
This motion can only be moved once in a your bill, you should rise and nod, or say “I beg to
sitting and the purpose of moving it first move” and the Speaker proposes the question on
thing is to prevent another MP moving it second reading.
later, when, if there were a vote, and If anyone objects (which is usually what happens),
fewer than 40 MPs took part, it would then the second reading will need to happen on
result in the bill under discussion being another day. The Speaker says “Objection taken.
Second reading what day?” and you need to name
put aside. another Friday when the House is sitting. You should
Once the vote on sitting in private is over or if there’s have a date ready. You can ask the Public Bill Office if
no vote, the Clerk reads the title of the first bill listed. you need help choosing a date.
If that’s your bill, you rise and say “now”, and then If no-one objects, then your bill receives its second
the Chair calls you to speak. You need to say “I beg reading, and will continue onto committee stage
to move, That the [short title] Bill be now read a without the need for a debate. This is unusual.
second time”. At the end of your speech, the Chair
formally proposes the question, and the debate The debate in the Chamber works similarly for report
starts. At the end of the debate, the Chair may call stage and third reading. In the case of report stage,
you to sum up, if there is time. If this happens, you either you or other MPs can table amendments to
should start your final remarks with the words: your bill and amendments are selected and grouped
“With the leave of the House…” by the Speaker. Whoever has the first amendment in
the group will be called to move it and then anyone
The debate can run until 2.30pm. There are two main can speak about any of the amendments in that
reasons why the debate might finish before 2.30pm: group. If report stage finishes before 2.30pm, the
everyone who wants to speak has spoken, or bill moves straight to its third reading debate.
someone has successfully moved the closure. You, or
any other MP, can ask to move the closure at any time
during the debate by saying “I beg to move that the
question be now put.” It’s up to the Speaker to decide
whether to accept the motion for the closure. When
doing so, the Speaker will consider whether there has
been sufficient time for the debate. If the Speaker
accepts the closure there may then be a vote on this.
If a vote is called, at least 100 MPs must vote “aye” to
secure the end of the debate and consequently force
a decision on second reading.

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MPs’ Guide to Procedure

Stages for Private Public Bill Committees


Members’ Bills for Private Members’ Bills
Private Members’ Bills go through the Public Bill Committees work much the
same stages as Government bills – formal same way for a Private Member’s Bill
first reading, a second reading debate, or a Government bill. But you will be
committee stage, report stage (also known responsible for some of the tasks that the
as consideration) and third reading. The whips usually do for a Government bill.
bill then goes to the Lords, and goes Because your bill is not timetabled in the way that a
through the same process there. If the Government bill would be, there’s no limit to how
Lords make amendments, the bill will long a committee stage can last. You can table a
come back to the Commons so that MPs sittings motion, setting out when the committee
should meet. Speak to the Public Bill Office if you
can consider those amendments. When need advice on this.
both Houses are agreed, the bill receives
By convention Public Bill Committees considering
Royal Assent and becomes law. Private Members’ Bills meet on Wednesdays but they
can meet at other times.
A Private Member’s Bill that has been given a
second reading is automatically sent to a public bill
committee. The Committee of Selection will nominate
the MPs for the Committee, but you will be in charge
of giving them a list of names of MPs who are putting
themselves forward. This list must reflect the party
balance in the House and should also reflect a balance
of views on the bill. Only one Committee on a Private
Member’s Bill can be active at a time, unless the
Government supports the creation of another one.
In that case, they’ll table a motion to this effect.
You will be expected to take part in debates in the
committee on your bill, presenting arguments for why
it should become law, and debating amendments
suggested by you or other MPs. You may also need to
act in a similar way to a whip, making sure that MPs are
present, that there is a quorum, and that your
supporters are available if there are votes on
amendments or clauses in the bill.

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Bills and Delegated Legislation

Money resolutions and ways Private Members’ Bills


and means resolutions for at the end of a session
Private Members’ Bills If your bill has completed all its stages by
Even though your bill should not have tax the end of the session, it will be sent for
or expenditure as its main aim, there might Royal Assent and become law. If it hasn’t,
be clauses in it that require spending or it will fall at the end of the session and
introduce a tax or charge. If there are, a will not be able to go any further. It’s
money resolution (expenditure) or ways possible to reintroduce the same bill in
and means resolution (tax) will be needed the next session.
before your bill can be fully considered in
committee. The Public Bill Office will
let you know if this is the case. The
Government is responsible for bringing
forward a motion.

Private Members’ Bills


and the House of Lords
Once your bill has completed its third
reading, it will go the House of Lords.
You will need to find a Member of the
House of Lords to take charge of your bill
there. Like any other bill, your bill must be
agreed by the Lords for it to become law.
If amendments are made in the Lords, the
bill will come back to the Commons,
where MPs will consider the amendments.
You will need to choose a Friday on which
this can happen, but your bill (or another
with Lords amendments) will be the first
debated that day.

187
7d
MPs’ Guide to Procedure

LEGISLATION AND
THE HOUSE OF LORDS
CONTACT AN EXPERT

Public Bill Office: x3251 pbohoc@parliament.uk

188
Bills and Delegated Legislation

Quick
Guide

If the House of These changes are known as Lords


Amendments.

Lords changes a The two Houses have to reconcile their


differences and agree a text before the bill

bill that started


can receive Royal Assent. This means that the
Commons has to decide whether to agree or
disagree with the changes the Lords made to
life in the House the bill (or vice versa for a bill that started in
the Lords). The bill is sent back and forth

of Commons, it’s between the two Houses as they try to


resolve any disagreements. This is known

returned to the
as ping-pong.
Under certain circumstances a bill can be

Commons with
passed without the agreement of the Lords.
The Parliament Acts allow the Commons to
send a bill for Royal Assent even if the Lords
a list of the haven’t passed it, provided that certain
conditions are met and not less than 13

changes made. months have passed since the bill initially


received its second reading in the Commons.
In practice, it’s rare for the Parliament Acts to
be used.

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MPs’ Guide to Procedure

Bill stages in the House of Lords


A bill can start in the House of There are specific minimum intervals between the
different stages in the Lords (which can be set aside
Commons or the House of Lords,
if it’s considered necessary to fast-track the bill):
but both Houses must agree the bill
• two weekends between first reading
before it becomes law. and the debate on second reading
The initials ‘HL’ after a bill’s title mean it started in • 14 days between second reading
the Lords. and the start of committee stage
The stages a bill must go through are largely the • on long and complex bills, 14 days
same in both Houses, but the Lords process differs between the end of committee stage
from the Commons in a few main ways: and the start of report stage

• any Member of the Lords can always • three sitting days between the end
take part in the committee stage of report stage and third reading

• all amendments can be discussed


(there is no selection)
• there is no time limit on any stage
• amendments can be made at third reading

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Bills and Delegated Legislation

Lords Amendments
Lords Amendments are changes • agree to a Lords Amendment as long
as some other changes to the bill are
made by the House of Lords to a bill made (‘consequential amendments’)
that started life in the House of • disagree with a Lords Amendment,
Commons. If the Lords don’t make but suggest an alternative (an
any changes, there are no Lords ‘amendment in lieu’)
Amendments and the bill can move • disagree with a Lords Amendment
to Royal Assent. The Public Bill Office can help you with how to
amend Lords Amendments.
Consideration of Lords Amendments is a stage of
a bill when you can debate and decide on the If a bill starts in the Lords and is then changed by
Lords Amendments. The Commons can decide to: the Commons, it’s returned to the Lords with a list
• agree to a Lords Amendment of Commons Amendments.

• agree to a Lords Amendment as long as it’s


changed in a certain way (an amendment
to the original Lords Amendment)

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MPs’ Guide to Procedure

How to
amend Lords Amendments
Step-by-step: Rules on Lords Amendments
These steps are for you as an MP, If you want to amend a Lords
although your staff can help you with Amendment, or disagree with it,
you should keep the following rules
steps 1 and 2.
in mind:
• any change or alternative suggestion
STEP 1 has to be on the same subject as
the original Lords Amendment
Go to Bills before Parliament on Parliament’s • you can’t disagree with a Lords
website and find the bill you are interested in. Amendment because you don’t think it’s
Click on “All bill documents” and find the Lords relevant to the bill or because you think
Amendments list in the list of versions of the bill it breaks some other rule of order
on the bill’s webpage. You can also get a hard • in general, you can’t use consideration of Lords
copy of the Lords Amendment list from the Amendments to return to provisions in the bill
Vote Office. Use the Lords Amendment list to that have already been agreed by both Houses.
find the number of the Lords Amendment
If there’s a programme motion and the time allocated
you’re interested in.
for considering the Lords Amendments runs out
before decisions have been made on all of them, the
Speaker can’t select any amendments to those Lords
STEP 2 Amendments, or any consequential amendments or
amendments in lieu, for a decision unless they’re
Think about how you would change the moved by a minister. So in practice this means that
Lords Amendment or what alternative you any amendments submitted by a backbencher to
would suggest. Lords Amendments fall if they’re not reached before
the time at which the debate must end.
For more information on the rules for Lords
STEP 3 Amendments contact the Clerk of Legislation
Contact the Clerk of Legislation in the Public Bill (phone x3255 or email PBOHoC@parliament.uk).
Office to discuss your objectives (phone x3255
or email PBOHoC@parliament.uk). They will
then help you write your amendment.

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Bills and Delegated Legislation

Selection, grouping What happens in the Chamber


and packaging of with Lords Amendments?
Lords Amendments If you’ve submitted any amendments to
Lords Amendments, or a motion to
The minister (or the MP in charge of the
disagree with a Lords Amendment, you
bill for Private Members’ Bills) can group
should contact the Clerk of Legislation to
Lords Amendments together for debate.
find out how they will be handled in the
The Speaker can select and group
Chamber (phone x3255 or email
amendments to those Lords Amendments.
PBOHoC@parliament.uk).
The criteria for selection are similar to
those used for committee stage and Before debating the Lords Amendments themselves,
third reading. MPs will normally be asked to agree a programme
motion setting out a timetable for the debate. The
Decisions on selection and grouping are published in motion might also set out the order in which the Lords
the selection list on the day the Lords Amendments are Amendments will be considered. If the motion doesn’t
considered in the Chamber. give a particular order, the Lords Amendments will be
considered in the order they relate to the bill and are
As well as being grouped together for debate,
published on the Lords Amendments list.
related Lords amendments are sometimes ‘packaged’
together for a decision, particularly towards the The Commons has to make a decision on every Lords
end of the process. In these cases, there is a single Amendment. It’s up to the minister (or the MP in
motion relating to several Lords Amendments. For charge of the bill if it’s a Private Member’s Bill) to
example: “That this House insists on its disagreement to decide whether to invite the House to agree or
Lords Amendments 1, 2 and 3 but proposes disagree with each Lords Amendment. When the
the following amendment in lieu of Lords minister wants to disagree with the Lords Amendment
Amendment 1.” they will normally submit a motion in advance, which
will be printed on the Amendment Paper (although
Packaging can be used to avoid double insistence. The
they don’t have to). This doesn’t usually happen with
double insistence rule applies to the whole motion, not
motions to agree. Other MPs can submit motions to
to individual elements within it, so varying the motion
disagree with a Lords Amendment, but they’re unlikely
can be a way of delaying the point at which double
to be called to move them formally.
insistence is reached.
Where the motion is to agree with the Lords
A motion relating to a package of Lords Amendments
Amendment, the order for decisions is:
can be amended.
• any amendments to the Lords Amendment
• the motion to agree to the Lords
Amendment [as amended]
• any consequential amendments
to the Lords Amendment
Where the motion is to disagree with the Lords
Amendment, the order for decisions is:
• the motion to disagree to the
Lords Amendment
• any amendments proposed in place of the
Lords Amendment (amendments in lieu)
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MPs’ Guide to Procedure

If several Lords Amendments are grouped together,


the debate can cover all the Lords Amendments, and
Documents for Lords
any selected amendments to them, in the group. Amendments
When the debate ends, a decision will be made on
the first Lords Amendment in the group. Formal All documents relating to Lords
decisions (with no further debate) on whether to Amendments are available on Bills before
agree or disagree to the other Lords Amendments Parliament (go to the page for the bill and
in the group are made as set out in the programme
motion or, if there isn’t one, in the order in which then click on “All bill documents”). The
the Lords Amendments are published on the Lords documents are also available in hard copy
Amendment list. from the Vote Office. You will need:
• The Lords Amendments list: this sets out all
Ping-pong the changes made by the Lords to the bill. On
the bill’s webpage on Bills before Parliament it
Ping-pong is when the bill is sent back and can be found in the list of versions of the bill.
forth between the House of Commons • The first version of the bill printed in the
and the House of Lords as they try to Lords: the page and line references in the
resolve disagreements about the final text. Lords Amendments list relate to this version
of the bill. Ask the Vote Office for “the
Ping-pong doesn’t always happen. For example, XXX Bill as first printed in the Lords”.
there’s no ping-pong if the Lords don’t change a
bill that started in the Commons, or vice versa. • Amendment paper: this sets out motions
to disagree to Lords Amendments and
suggested amendments to the Lords
Double insistence Amendments (if any have been submitted)
• Selection list: this shows how the Lords
Double insistence is a deadlock reached
Amendments and any motions relating to
when the two Houses can’t agree on the them have been grouped for debate, including
final text of a bill: any amendments to the Lords Amendments.
• House A makes an amendment to a bill
• House B rejects the amendment
(without suggesting an alternative)
• House A insists on its amendment
(without suggesting an alternative) and
• House B insists on its disagreement
(without suggesting an alternative)
• the two Houses are in a deadlock
(double insistence)
If double insistence is reached, the bill fails and can’t be
passed. In practice, considerable efforts are made to
avoid this, usually by the Houses suggesting alternative
amendments when they disagree.

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Bills and Delegated Legislation

Commons financial privilege Messages between the


Commons financial privilege means that Commons and the Lords
only the House of Commons can have a The two Houses communicate their
say on financial matters, such as taxes or decisions to one another by sending a
public spending. In practice, it means that ‘Message’. Messages are carried by clerks
the Lords can consider and agree financial from one Chamber to the other. The arrival
matters, but they can’t initiate, amend or of a Message from the Lords does not
block them. disrupt what’s going on in the Commons
If the Commons disagree with a Lords Amendment Chamber, but it will be recorded in the
because of financial privilege, the Lords can’t insist minutes for that day.
on the Lords Amendment.
Messages are mostly used to communicate
decisions about legislation. These can be simple, for
example one House telling the other that it has
Reasons Committee passed a bill or that it agrees to changes made by
the other House. But they can be more complex,
If the Commons disagree to any Lords for example if they need to communicate
Amendments without suggesting an disagreements, alternative suggestions or
alternative they have to give a reason for amendments to Lords Amendments.
their disagreement. A specially established
committee decides what the reasons will
be. It’s known as the Reasons Committee.
The Committee is established by a motion moved
by the minister (or MP in charge of the bill for a
Private Member’s Bill). This happens once all the
Lords Amendments have been dealt with. If the bill
has a timetable associated with it, the motion
establishing the Reasons Committee is not
debatable. If the Bill does not have a timetable, the
motion can be amended and debated. The
Committee meets immediately.
Business in the Chamber carries on as usual whilst
the Reasons Committee meets. In practice, the
meetings tend to be very quick and the reasons it
agrees are normally brief. It reports its decisions to
the Speaker in the Chamber, but no announcement
is made. The reason for the Commons
disagreement is recorded in the minutes for that
day and sent to the House of Lords.

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Parliament Acts
Usually, both the House of Commons In practice this means that the Lords can delay a
and the House of Lords have to pass bill for approximately 13 months (from when
the bill initially received its second reading in
a bill for it to become law. Commons) before the Parliament Acts would
However, under certain circumstances a bill can enable a bill to be passed without their consent.
be passed without the agreement of the Lords. In reality this is very rare. The last Act to be
Such circumstances are set out in the Parliament passed in this way was the Hunting Act 2004.
Act 1911, which was updated by the Parliament The Parliament Acts can’t be used for
Act 1949. The Parliament Acts mean that if the the following:
Commons pass a bill and the Lords reject it, but
the same bill is again passed by the Commons • bills that start in the Lords
in the following session, then it can become law • bills that would make a Parliament
without the agreement of the Lords so long as: longer than five years
• the bill is exactly the same as the one • private bills (bills requested by
passed by the Commons the first time, local authorities or other outside
unless the passage of time means some bodies to change the law in their
small changes are needed (the Speaker has area or as it affects them)
to approve these) or the Lords made some • delegated legislation (changes to the law
changes that need to be incorporated; made under powers granted by an existing
• 12 months have passed since the bill Act of Parliament); delegated legislation
had its second reading in the Commons rejected by the Lords can’t have effect,
in the first session and the date on even if the Commons have approved it;
which it receives its third reading in the historically, the Lords has rarely used the
Commons in the following session; and power to reject delegated legislation.
• it is sent to the Lords (on both the
first and second occasion) at least one
month before the end of the session.

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Bills and Delegated Legislation

Money bills
If the Speaker designates a bill as a ‘Money
bill’, it can become an Act of Parliament
without the agreement of the Lords as
long as:
• it is sent to the Lords at least one month
before the end of the session; and
• it is not passed without amendment
by the Lords within one month.
The Clerk of Legislation (phone x3255 or email
PBOHoC@parliament.uk) can give advice on what
qualifies as a Money bill. In general, a Money bill
deals only with the imposition or alteration of
taxes, or with the imposition or alteration of a
charge on public funds.

Salisbury convention
The Salisbury convention means that the
Lords do not vote down a Government bill
that featured in the Government’s
manifesto. It ensures that Government bills
can get through the House of Lords when
the Government does not have a majority
in that House.

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PRIVATE BILLS
CONTACT AN EXPERT

Private Bill Office: x6008 prbohoc@parliament.uk

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Bills and Delegated Legislation

Quick
Guide

Private bills affect They are different from public bills, which
apply to everyone and affect all people in the

particular groups,
same way, and hybrid bills, which apply
generally but also have a particular effect on
specific groups, people or places. They are
people or places also different from Private Members’ Bills,
which are a type of public bill introduced by

in a different way
backbenchers (MPs who are not ministers).
There are usually only a few private bills

from others. For


each year.
Organisations, individuals or companies

example, they
introduce private bills to seek powers to do
something they can’t do under the general
law. Members of the public who would be

might affect some directly affected by a private bill can argue


against it. They do this by petitioning to

local councils but


reject or change the bill.
Private bills can start in either the House of

not others. Commons or the House of Lords. They must


go through a series of stages in both to
become law. The stages are broadly the
same as for public bills.
You can check the progress of a private bill
on Bills before Parliament on Parliament’s
website. Choose “Private Bills” from the
drop-down menu. On each bill’s page, you
can get a copy of the bill, explanatory notes,
any amendments, and other documents
including Hansard transcripts. These
documents are also available in hard copy
from the Vote Office.
Notices relating to private bills appear on
Parliament’s website and in hard copy on
the blue private business pages of the
Vote Bundle, which you can get from the
Vote Office.
Private bills are governed by a different set of
rules (known as Private Business Standing
Orders) to public bills. There are different
Standing Orders in each House.
The Private Bill Office can help with
questions about private bills.

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Private bill stages COMMITTEE STAGE


The committee stage of a private bill depends on
Before a private bill begins its journey whether any organisations or people who are
through Parliament, the promoters (the directly affected by the bill have opposed it by
petitioning against it. If they have, the bill is sent to
people or organisation(s) who want the an opposed bill committee, which hears the case
bill) have to: from the promoters of the bill and the petitioners
• present a petition for a private bill (a formal against it. If there are no petitions against the bill,
request for legislation) to Parliament no later it’s sent to an unopposed bill committee.
than 27 November each year (or the following
Monday if 27 November falls on a weekend) REPORT STAGE AND THIRD READING
• submit the bill itself on 21 January (or, if At report stage, you can object to amendments
the House isn’t meeting that day, the first made in committee, or you can propose new
day it is meeting after 21 January). amendments and so can the promoters of the bill.
There’s no report stage if the bill hasn’t been
Private bills then go through broadly the same stages
amended in committee. Third reading is the
in the House of Commons as public bills: first reading,
final stage.
second reading, committee stage, report stage and
third reading. Report stage and third reading can be purely formal
if no MP objects, but if they do the bill’s progress is
FIRST READING AND SECOND READING blocked. As with second reading, bills persistently
First reading is a purely formal stage and there’s no blocked are eventually set down for debate by the
chance for a debate. First reading is recorded in the Chairman of Ways and Means.
Votes and Proceedings but nothing happens in the If the bill started in the House of Commons, it then
House itself. has to go through the same stages in the House of
Second reading is usually scheduled for Lords. People or organisations who petitioned
immediately after Prayers on Monday to Thursday against the bill in the Commons can do so again in
(so just after 2.30pm on Monday, 11.30am on the Lords. The Commons and Lords must agree on
Tuesday and Wednesday, or 9.30am on Thursday). the text of the bill, so each House must consider
The second reading can’t be debated at this time, any amendments made by the other House. When
but can be agreed formally if no one objects. If a both Houses are agreed, the bill can receive Royal
single MP objects, the bill’s progress is blocked. You Assent and become an Act of Parliament.
can block a bill by shouting “object” on the day or
you can repeatedly block a bill’s progress by tabling CARRY OVER
a blocking motion in the Private Bill Office. If a private bill hasn’t been agreed by the end of a
session, a motion can be tabled in each House to
If a bill is repeatedly blocked, the Chairman of
suspend it and carry it over to the new session. If
Ways and Means (the principal Deputy Speaker)
a private bill hasn’t been suspended, it can still be
will find time for a debate. The debate can usually
reintroduced in the new session using a revival
continue for up to three hours. At the end, there
motion in each House. In both cases, if the motions
might be a vote on whether the bill should receive
are agreed, the bill can continue its journey at
a second reading, or the second reading might be
whatever stage it reached in the previous session.
agreed without the need for a vote.
If the motions aren’t agreed, the bill falls or has to
start again in the new session.

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Bills and Delegated Legislation

Opposed bill committees At the end of its consideration, an opposed


bill committee can:
A private bill is sent to an opposed bill • approve the bill as it stands
committee for its committee stage if any
• approve the bill with amendments, or
organisations or people who are directly with undertakings from the promoters
affected by the bill have opposed it by • make a special report to the House
petitioning against it. • decide that the need for the bill is not
The Committee of Selection appoints four MPs proven (in which case the bill can’t proceed
any further).
without personal or constituency interests in the bill
to the committee. An opposed bill committee acts The number of committee meetings depends on
in a quasi-judicial capacity (in other words, it the complexity of the bill and the level of
considers matters more like a court), which means opposition. If there are only one or two petitioners,
that if you’re appointed to one there are more the committee’s meeting may only last for a day.
formal requirements on you than there are when But if there are lots of petitioners, meetings may
you’re appointed to a public bill committee. take place over a week or more.
If you’re appointed to an opposed bill committee An opposed bill committee can meet away from
you will need to: Westminster to hear all or part of the evidence, if
• sign a declaration that you have no local or the House passes a resolution allowing it to do this.
other interest in the bill and that you won’t
vote without considering the evidence
• declare that you recognise your
obligation to attend every meeting
• attend every meeting (because of their
quasi-judicial nature, the House may
impose penalties if you don’t).
The Private Bill Office will be in touch with you to
explain the process in more detail.
An opposed bill committee will:
• listen to the arguments of the promotors
and the petitioners, and any witnesses
they call (petitioners and witnesses
are examined on oath; promoters are
usually represented by counsel and
petitioners may also choose to do this)
• decide whether any amendments proposed
by the promoters are suitable and any
further amendments are needed
• decide if the promotors have proved the
general case for the bill (the ‘preamble’).

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MPs’ Guide to Procedure

Unopposed bill committees What happens in the


A private bill is sent to an unopposed bill Chamber with private bills
committee for its committee stage if no Private bills receive their second reading,
organisations or people who are directly report stage, and third reading in the
affected by the bill have opposed it by Chamber. At each of these stages, private
petitioning against it. bills are usually initially considered formally,
Members of the committee are: without debate. This is known as
• the Chairman of Ways and Means unopposed private business. The time for
(the principal Deputy Speaker) unopposed private business is Monday to
• the two Deputy Chairmen of Ways and Thursday straight after Prayers.
Means (the other two Deputy Speakers)
The process for private bills taken at the time for
• four other MPs (without personal
or constituency interests in the bill) unopposed private business is as follows:
appointed to the committee. • the Speaker says: “Order, Order. The clerk will
now proceed to read the title of the private
As with an opposed bill committee, an unopposed bill set down for consideration this day”
bill committee acts in a quasi-judicial capacity (in
other words, it considers matters more like a court). • the clerk reads the stage and title of the bill
• the Chairman of Ways and Means or
An unopposed bill committee will: another Deputy Speaker says “Now”
• listen to the promotors and decide if • if there are objections (or there’s a blocking
they have proved the general case for motion) the Speaker asks the Chairman
the bill (the “preamble”); promoters of Ways and Means or another Deputy
are usually represented by counsel Speaker to name a future day, OR
• decide whether any amendments proposed • if there are no objections, the
by the promoters are suitable and any question is agreed to.
further amendments are needed.
When a bill is opposed persistently at the time
At the end of its consideration, an unopposed bill
for unopposed private business, the Chairman
committee can:
of Ways and Means can put it down for a three-
• approve the bill as it stands hour debate.
• approve the bill with amendments, or The Chairman of Ways and Means has oversight of
with undertakings from the promoters private business and when there’s a debate on a
• make a special report to the House private bill, the Chairman of Ways and Means or
another Deputy Speaker will usually be in the Chair.
• decide that the need for the bill is not proven (in
which case the bill can’t proceed any further). The process is as follows:
• the Deputy Speaker in the Chair says:
Unopposed bill committees usually meet only once. “Order, Order: The clerk will now proceed
If you’re appointed to an unopposed bill to read the title of the private bill set down
committee, the Private Secretary to the Chairman for consideration at this hour”
of Ways and Means (the principal Deputy Speaker) • the clerk reads the stage and title of the bill
will be in touch to explain the process. • a second Deputy Speaker says “Now”
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Bills and Delegated Legislation

• the Deputy Speaker in the Chair calls


the MP who is putting the case for the
Objecting to a private bill
bill on behalf of its promotors to move You can prevent a private bill from passing
the motion and speak about the bill
without debate through second reading,
• the debate takes place and you can take part
report stage and third reading:
• when there’s no one left to speak in the
debate, or an MP moves the closure, the • You can call “object” when the clerk
Deputy Speaker puts the question, which reads the title of the bill immediately
is decided with or without the need for after Prayers. This prevents the bill from
a vote (if an MP is still speaking after making any progress that day.
three hours, the debate is suspended • Once you’ve called “object”, you can put
and can be resumed on another day). down a ‘blocking motion’ in the Private Bill
Office. The motion takes the form “That the
Bill be read a second [third] time upon this
day six months.” If there’s a blocking motion
on the Order Paper the bill can’t progress
further at the time for unopposed business
after Prayers. You can repeatedly delay the bill
in this way, but you will need to renew the
motion in the Private Bill Office every seven
days. Putting down a blocking motion may
lead to the promotor of the bill contacting
you to explain their intention or altering parts
of the bill in order to reach a compromise.
When a bill is opposed repeatedly, the Chairman of
Ways and Means can schedule it for a debate.
You can also submit a reasoned amendment to the
second or third reading of a private bill.
You can write to the Speaker to object to the
classification of a bill as private if you think it
should be a public or hybrid bill. Many complex
factors influence decisions on whether a bill is
public or private. You should seek advice from the
Clerk of Private Bills if you think a bill has been
classed wrongly.

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MPs’ Guide to Procedure

Constituents petitioning Standing Orders Committee


against private bills The Standing Orders Committee considers
matters relating to the rules for private or
Your constituents can object to a private
hybrid bills. It consists of 11 MPs including
bill if it would affect them directly and
the three Deputy Speakers.
specially. They do this by petitioning
against it. The Examiners of Petitions for Private Bills
(parliamentary officials appointed by the Speaker)
A petition against a private bill is different from a report whether a private or hybrid bill complies
paper petition or an e-petition. It’s a document, in with the relevant Private Business Standing Orders
a specific format, explaining a person or (the rules for private and hybrid bills). If a bill
organisation’s objection to a bill. doesn’t comply, the Standing Orders Committee
The petition should set out: decides whether to allow the bill to proceed
anyway. The Standing Orders Committee takes into
• who the petitioners are account the public and private interests which
• the particular effects the bill would be affected by the bill proceeding or not.
would have on them
If you’re appointed to the Standing Orders
• what changes are needed, or why the Committee, the Secretary to the Chairman of
bill should be rejected, or both Ways and Means will be in touch with you to
Private bills can start in the House of Commons or explain more about what’s involved.
the House of Lords. If eligible, your constituents
can petition against the bill:
• when it’s presented in the first House
• for 10 days after it goes to the second House
Dates for petitioning times are listed on the page
for each bill on Bills before Parliament on
Parliament’s website. Until recently, petitions had
to be submitted in person, but they can now be
submitted online, by post or by email. There’s a £20
administration fee for each petition.
Constituents can find out more about petitioning
against a private bill by contacting the House of
Commons Private Bill Office (email prbohoc@
parliament.uk or phone 020 7219 3250).

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Bills and Delegated Legislation

Court of Referees
The Court of Referees considers the rights
of a petitioner to argue against a private
bill in cases where the promoters of the bill
have challenged that right. It’s rare for the
Court of Referees to need to meet.
The Court has 12 members:
• the Chairman of Ways and Means as Chair
• the other two Deputy Speakers
• Speaker’s Counsel (the Speaker’s legal adviser)
• eight backbench MPs
If the promoters challenge a petitioner’s right to be
heard on their petition, both the promoters and the
petitioner will be asked to attend a meeting of the
Court of Referees. The right of petitioners to argue
against a bill used to be called ‘locus standi’. It
means that they are specially and directly affected
by the bill.
Petitioners found not to have the right to be heard
can take no further part in the proceedings.
If you’re appointed to the Court of Referees, the
Private Secretary to the Chairman of Ways and
Means will be in touch with you to explain more
about what’s involved.

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MPs’ Guide to Procedure

HYBRID BILLS
CONTACT AN EXPERT

Private Bill Office: x6008 prbohoc@parliament.uk

206
Bills and Delegated Legislation

Quick
Guide

Hybrid bills The High Speed Rail (London – West Midlands)


Bill is an example. Hybrid bills can be used to

combine elements
secure parliamentary approval for major
infrastructure projects, as an alternative to
seeking consent under the planning process.
of public and private Hybrid bills are not particularly common.
They are nearly always introduced by the
bills. This means Government. Like private bills, hybrid bills
have promoters, but the promoter is usually the

they apply generally Secretary of State for the relevant department.


In theory, a Private Member’s Bill, introduced by

but also have a


a backbench MP, could also be a hybrid bill, but,
because of the complexities of hybrid bills, it
would be very unlikely to become law.

particular effect Only members of the public who would be


directly affected by a hybrid bill can submit a
on specific groups, petition to change the bill. Unlike with private
bills, they can’t petition to reject the bill

people or places. altogether. Any member of the public can


comment on a hybrid bill’s environmental
statement, which is usually published
alongside the bill.
Many of the rules for private bills (known
Private Business Standing Orders) apply to
hybrid bills.
In practice, hybrid bills start in the House of
Commons and then go to the House of Lords.
They must go through a series of stages in both
Houses to become law. These include stages
that are broadly the same as for public bills, but
there are certain additional requirements and
the bill goes to a specially formed select
committee for part of its committee stage.
You can check the progress of a hybrid bill on
Bills before Parliament on Parliament’s website.
Choose “Hybrid Bills” from the drop-down
menu. On each bill’s page, you can get a copy
of the bill, explanatory notes, any amendments,
and other documents including Hansard
transcripts. These documents are also available
in hard copy from the Vote Office.
The Private Bill Office can help with questions
about hybrid bills.

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MPs’ Guide to Procedure

Hybrid bill stages REPORT STAGE AND THIRD READING


Report stage and third reading take place in the Chamber,
FIRST READING AND SECOND READING and are the same as for public bills. So you can submit
The Commons Public Bill Office considers all public amendments at report stage and have an opportunity to
bills before they receive their first reading to see debate the bill more generally at third reading.
whether they might be hybrid. Once a bill that The bill is then sent to the House of Lords, where there’s
appears to be hybrid has received its first reading, it’s another opportunity for people who are directly affected
sent for formal classification by parliamentary officials to petition against the bill and to appear before a select
appointed by the Speaker, called the Examiners of committee. When both Houses have agreed the bill, it
Petitions for Private Bills. If they decide the bill is receives Royal Assent and becomes an Act of Parliament.
hybrid, they check it complies with the rules for
private bills (Private Business Standing Orders), which CARRY OVER
require the proposals to be advertised and certain If a hybrid bill hasn’t been agreed by the end of a
documents to be submitted. The documents required session, motions can be tabled in each House to
include an environmental statement. Before a hybrid suspend it and carry it over to the new session. If the
bill receives its second reading, any member of the motions are agreed, the bill can continue its journey at
public has the opportunity to comment on the whatever stage it reached in the previous session. If the
environmental statement. motions aren’t agreed, the bill will fall or have to start
If the bill doesn’t comply with the rules, it’s referred again in the new session. In the Commons, such a
to the Standing Orders Committee, which decides motion will often be passed at the same time as the
whether the bill can proceed. Often, the non- second reading of the bill.
compliance will be on a minor, technical matter,
which the Committee would not use as a reason
to reject the bill. Select committee on
The procedure for second reading of a hybrid a hybrid bill
bill is the same as for a public bill and you will
have a chance to debate the principle of the bill You can’t serve on the select committee
in the Chamber. on a hybrid bill if you have a personal or
constituency interest in the bill, or you’ve
COMMITTEE STAGE
spoken in the second reading debate. The
After a hybrid bill has received its second reading,
it’s sent to a specially formed select committee, which membership of the committee is usually
considers petitions against the bill. Petitions against determined by the whips.
the bill, unlike comments on the environmental
The select committee on a hybrid bill acts in a quasi-judicial
statement, can only be made by people or
capacity (in other words, it considers matters more like a
organisations directly affected by the bill. The motion
court). It doesn’t look at the principle of the bill. In other
to refer the bill to a select committee normally also
words, if the bill is to build a railway line between A and B
sets down the remit of the committee. This stage of
along a particular route, the committee can’t recommend
the bill can take many months, depending on the
that the railway line should not be built. Instead, it
number of petitions received.
focuses on mitigating the effects of the bill, and on any
Once a hybrid bill has been considered by a select compensation or any adjustments that need to be made.
committee, it’s sent to a public bill committee or a
The select committee’s proceedings start with an opening
committee of the whole House, in the same way
statement by the promoter and a series of presentations
as a public bill.
on different aspects of the bill. Then, if the promoters
challenge the right of a petitioner to be heard by the
committee, the select committee itself decides whether
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Bills and Delegated Legislation

to hear the petition (unlike with a private bill, where the You can also submit a reasoned amendment to the
Court of Referees makes the decision). After this, the second or third reading of a hybrid bill.
petitioners make their case, calling witnesses if necessary. You can write to the Speaker to object to the
Witnesses are normally examined on oath. For each classification of a bill as hybrid if you think it should be
petitioner and witness, the bill’s promoters have a right a public bill. You should seek advice from the Clerk of
to cross-examine or reply. Then the committee considers Private Bills if you think a bill has been classed
the clauses of the bill. wrongly.
During the select committee stage, often in response to
a request by the committee, the Government will
sometimes table a package of amendments to the bill
in the form of an ‘additional provision’. In the same
Petitioning against
way as for the bill itself, individuals and organisations hybrid bills
who are directly and specially affected by the additional
Your constituents can object to a hybrid
provision can submit a petition against it. The select
bill if the bill would affect them directly
committee considers these petitions.
and specially. They do this by petitioning
If the select committee wants to communicate its view against it.
on the subject of the bill, or the promoters no longer
want the bill to continue, the select committee can make A petition against a hybrid bill is different from a
a special report to the House. At the end of the process, paper petition or an e-petition. It’s a document, in a
the select committee reports the bill to the House, with specific format, explaining a person or organisation’s
or without amendments. It can also recommend a objection to a bill.
course of action to the promoters (often known as an Their petition should set out:
‘undertaking’), rather than amending the bill. • who the petitioners are
After the select committee has reported the bill to the • the particular effects the bill
House, it’s normally sent to a committee of the whole would have on them
House or a public bill committee, like a public bill.
• what changes they want made to the bill (they
can’t ask for the whole bill to be rejected).
If your constituency is specially and directly affected by
Objecting to a hybrid bill the bill you can submit a petition for changes to the
You can object to a hybrid bill by speaking bill, and the select committee will hear your case in the
and voting against it in the Chamber at same way as other petitioners. If there are people or
organisations in you constituency who have petitioned
second reading or third reading, in the against the bill, it’s also possible for you to represent
same way as you would for a public bill. them in front of the select committee if they wish.
You can also seek to change a hybrid bill by submitting Dates for petitioning times are listed on the page for
amendments at the following stages: each bill on Bills before Parliament on Parliament’s
• public bill committee stage (if you’re not a website. Petitions used to have to be submitted in
member of the public bill committee, you person, but can now be submitted online, by post
can still submit amendments, but you’ll or by email. There’s a £20 administration fee.
need a member of the committee to move Constituents can find out more about petitioning
them on your behalf) or in committee of the against a hybrid bill by contacting the House of
whole House in the Chamber (when any Commons Private Bill Office (email prbohoc@
MP can submit and move amendments) parliament.uk or phone 020 7219 3250).
• report stage in the Chamber (when any MP
can submit and move amendments).
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MPs’ Guide to Procedure

DELEGATED
g
LEGISLATION AND
STATUTORY
INSTRUMENTS
CONTACT AN EXPERT
For statutory instruments
Journal Office: x3317 journaloffice@parliament.uk
For delegated legislation committee
Public Bill Office: x3256 PBOHOC@parliament.uk

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Bills and Delegated Legislation

Quick
Guide
Ministers use Delegated legislation is sometimes known as
secondary legislation (to distinguish it from

delegated
Acts of Parliament, which are primary
legislation).

legislation to make
Statutory instruments are the most common
type of delegated legislation. About 2,000
become law each year. The Act that contains
changes to the the power to make delegated legislation
usually specifies what needs to happen to the

law under powers statutory instrument for it to become law.


Many statutory instruments are not subject

given to them
to any parliamentary procedure and a
minister can simply sign them into law.

in an Act of
Where parliamentary procedure applies, the
statutory instrument must be formally
presented to Parliament. It then usually takes
Parliament. one of two main routes:
• Negative procedure: the statutory
instrument automatically becomes law
unless there are objections to it within
a specified period (usually 40 days).
• Affirmative procedure: the statutory
instrument must be actively approved
before it becomes law. It’s debated in a
delegated legislation committee or, less
commonly, in the Chamber. Then the
House decides whether to approve it.
When statutory instruments are formally
presented to Parliament they are said to be
‘laid’ and when a minister has signed them
into law they are said to be ‘made’.
Most statutory instruments are presented to
the House of Commons and the House of
Lords. Some – mainly those involving finance
– are only presented to the House
of Commons.
Statutory instruments can’t usually be
amended. Each House can simply approve or
reject the instrument.

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Negative procedure

Most statutory instruments You can submit a type of Early Day Motion
presented to Parliament are (known as a ‘prayer’) to annul a negative
statutory instrument. A prayer submitted
subject to the negative procedure. by the official Opposition is likely to be
This means that Parliament is not debated, but there’s no guarantee of this.
required to approve the statutory A prayer submitted by a backbencher is
instrument for it to become law. unlikely to be debated unless a large number
of other MPs have also signed it. Prayers
But either the House of Commons can be considered on Opposition days.
or the House of Lords can pass a
motion within a specified period
(usually 40 days) to annul the
statutory instrument, which
stops it having legal effect. The
last time the House of Commons
annulled a negative statutory
instrument was in 1979.

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How to
object to a negative
statutory instrument
Step-by-step: STEP 3
You or your staff can complete To submit the prayer online, go to the
these steps, but your staff can MemberHub (memberhub.parliament.uk): click
‘submit’, click ‘Early Day Motion’, click ‘pray
only complete step 3 or 4 if against negative statutory instrument’ and find
they are registered to use the the statutory instrument you want to pray
against.
online MemberHub or have your
handwritten signature.
STEP 4
Or if you prefer to use a hard copy, contact the
STEP 1 Journal Office for the wording of the prayer and
take the prayer to the Table Office, or ask
Check the online Statutory Instrument Service another MP to take it for you. Or sign the
(statutoryinstruments@parliament.uk) to see prayer and post it or ask your staff to take it to
whether the statutory instrument has been the Table Office (faxed, stamped or photocopied
presented to Parliament (‘laid’) and whether there signatures can’t be accepted).
is still time to have it annulled or ask the Journal
Office to check for you.
STEP 5
If you have an interest to declare, let the Table
STEP 2 Office know.

Decide whether you want to ask other MPs to


sign the prayer to show their support. You can STEP 6
then submit the prayer as an Early Day Motion.
You can only table a prayer when the House is The Table Office will check your prayer and
meeting. You can submit it at other times, but it contact you if there’s a problem. Once the Table
won’t be tabled and published until the House Office has approved your prayer, it has been
meets again. You can submit a prayer online or tabled. The Government will then decide
in hard copy. whether the House will be given the
opportunity to debate the prayer, either in a
delegated legislation committee or (very rarely)
in the Chamber.

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What happens to statutory Occasionally, a negative statutory instrument


is laid in draft form. In this case, if a motion is
instruments under the submitted and agreed within 40 days, the
statutory instrument is withdrawn, rather than
negative procedure being annulled.
The process is typically: If you want to object to a negative statutory
instrument after the 40 days have expired, you can
• the Government formally presents (or ‘lays’)
a statutory instrument by sending copies to table a motion to revoke (rather than annul) the
the Journal Office (the instrument will already statutory instrument. Such a resolution does not
have been signed into law or ‘made’, but itself revoke the SI, but precludes further
it usually won’t have come into effect yet: ‘proceedings’ being taken under it.
there’s a convention that negative statutory
instruments should not come into effect until
a minimum of 21 days after they’ve been laid)
• the laying of the statutory instrument is
recorded in the Votes and Proceedings
• if no one objects to the statutory instrument,
it comes into effect without any further
action from Parliament or the Government
• if an MP who objects to the statutory
instrument tables a type of Early Day
Motion (known as a ‘prayer’) calling for the
statutory instrument to be annulled, the
Government might find time for the prayer
to be debated in a delegated legislation
committee or, very rarely, in the Chamber;
• the debate might be followed by a vote
in the Chamber to annul the statutory
instrument, but if the debate has taken place
in Committee, the Government doesn’t have
to provide time for a vote in the Chamber
• if a vote does take place in the Chamber and
the motion is agreed within a specified period
of the statutory instrument being laid (usually
40 days excluding days when both Houses
are in recess or adjourned for more than four
days), the statutory instrument is annulled,
which means it stops having legal effect
• if the motion to annul the statutory
instrument is not agreed, the statutory
instrument has effect without any further
action from Parliament or the Government

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Affirmative procedure
Some statutory instruments are subject to the affirmative
procedure. This usually means Parliament has to actively
approve the statutory instrument before a minister can sign
it into law. The last time the House of Commons did not
approve an affirmative statutory instrument was in 1978.

What happens to statutory • a motion to approve the draft statutory


instrument is moved formally in the
instruments under the Chamber, without debate often
the day after the Committee
affirmative procedure? • the Government can decide to have
the debate in the Chamber instead of a
The process is typically: Committee, although this is less common
• the Government formally presents (or • if the House of Commons approves the
‘lays’) a draft of the statutory instrument draft statutory instrument (and, where
by sending copies to the Journal Office appropriate, the House of Lords also approves
• the laying of the draft statutory instrument it), the minister can make the statutory
is recorded in the Votes and Proceedings instrument, meaning that it becomes law
• the minister tables a motion to approve the • if the Commons does not approve the draft
draft statutory instrument and this is printed statutory instrument (even if the Lords approves
in Future Business section of the Order Paper it), the minister can’t make the statutory
instrument and it doesn’t have legal effect.
• a date for a debate is agreed,
usually by the whips
• a delegated legislation committee is nominated
and debates the draft statutory instrument, or
a group of related draft statutory instruments

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MPs’ Guide to Procedure

What are my options if I want Unusual affirmative statutory


to oppose an affirmative instruments
statutory instrument? Rarely, some affirmative statutory
If you want to oppose an affirmative instruments have already been signed into
statutory instrument, you can: law before the House debates them. These
are called ‘made’ affirmative statutory
• speak against the statutory instrument at a
delegated legislation committee and vote instruments.
against the motion that it has been considered Made affirmative statutory instruments are
(all MPs can attend and speak in a delegated only allowed in cases where the parent Act of
legislation committee, but only MPs nominated Parliament states that they are permitted. They are
as members of the Committee can vote); usually used in cases where changes need to be
voting against the statutory instrument in a made urgently, but where the scrutiny provided by
delegated legislation committee is symbolic the affirmative procedure is still appropriate.
because, regardless of the result of the vote,
the statutory instrument can still proceed Made affirmative statutory instruments must be
to the next stage (a vote in the Chamber) approved by the House within a certain period
(usually 28 days) to continue having legal effect.
• vote against the motion to approve the
statutory instrument when it’s considered
in the Chamber (often the day after the
delegated legislation committee).

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Bills and Delegated Legislation

Super-affirmative procedure
The super-affirmative procedure affirmative procedure. These statutory instruments
usually amend or repeal Acts of Parliament.
involves an additional stage of
Examples include legislative reform orders,
scrutiny where Parliament considers localism orders, public bodies orders, regulatory
a proposal for a statutory reform orders, and remedial orders.
instrument before the statutory Under the super-affirmative procedure, a minister
instrument is formally presented presents a proposal for a statutory instrument and
(‘laid’). This procedure is used for an explanatory statement. Committees in the
House of Commons and the House of Lords
statutory instruments that are
consider the proposal and can make
considered to need a particularly recommendations. Then the minister can
high level of scrutiny. formally present (‘lay’) a draft of the statutory
instrument under the affirmative procedure.
There are some specialised categories of statutory
instrument that are used for particular purposes
that are, or can be, considered under the super-

Legislative reform orders whether the draft legislative reform order should be
approved. There is an equivalent Committee in the
Legislative reform orders are a type of House of Lords.
statutory instrument. Under the Legislative Under the negative procedure, the legislative reform
and Regulatory Reform Act 2006, ministers order is presented in draft and is made unless either
House objects to it within 40 days.
can use legislative reform orders to change
the law to remove or reduce burdens Under the affirmative procedure, both Houses have
40 days to consider the draft order and then have
imposed by legislation or to promote to actively approve it before it’s made.
better regulation.
Under the super-affirmative procedure, both
The way legislative reform orders are scrutinised is Houses have 60 days to consider a proposal for
not fixed. When ministers formally present (or ‘lay’) an order. They can recommend changes to the
a draft legislative reform order, they propose what proposed order. The minister has to have regard
level of scrutiny it should face. to these representations and can then decide
whether to proceed with the order in the same or
The Business and Trade Committee examines all
an amended form, and formally present (‘lay’)
legislative reform orders. It considers whether the
it as a draft order. This draft order then has to be
minister has recommended the appropriate level of
approved before it can be signed into law (‘made’)
scrutiny and can require a higher level. It has 30
by the minister.
days to do this. The Committee also recommends
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MPs’ Guide to Procedure

For draft orders subject to the affirmative or considers whether the order is the appropriate
super-affirmative procedure, the process of route for making the change and recommends
approving them depends on proceedings in the whether it should be approved. There is an
Business and Trade Committee: equivalent Committee in the House of Lords.
• if the Committee recommended The Harrogate Stray Act 1985 (Tour de Yorkshire)
approval without a vote, there is no Order 2017 is an example of a localism order.
debate on the motion to approve the
draft legislative reform order
• if the Committee recommended approval
but only after a vote, the motion to approve Public bodies orders
the draft legislative reform order may be
debated for up to one and a half hours Public bodies orders are a type of statutory
• if the Committee recommended that the instrument. Under the Public Bodies Act
draft order should not be approved but the 2011, ministers can use public bodies
Government still wish to proceed, then the orders to abolish, merge or change the
Government has to table a motion to disagree
with the Committee’s report; the motion constitutional or funding arrangements
can be debated for up to three hours; if the of certain public bodies. The Act sets out
motion is approved, MPs are asked to approve
the draft order without further debate.
tests that must be met: for example,
whether the change improves accountability.
The Legislative Reform (Renewal of National Radio
Multiplex Licences) Order 2022 is an example of a The minister formally presents (‘lays’) a draft
Legislative Reform Order. order and explanatory document. The House of
Commons and House of Lords have 30-days to
consider it. The orders are usually considered by
the relevant select committee in the House of
Localism orders Commons and the Secondary Legislation
Scrutiny Committee in the House of Lords.
Localism orders are a type of statutory
If the Committees clear the public bodies order,
instrument. Under the Localism Act 2011, a motion to approve the draft order can be moved
ministers can use localism orders to 40 days after it was laid.
change or repeal a part of the law that Alternatively, either House or either Committee
prevents a local authority from exercising can decide that an enhanced affirmative procedure
the general power of competence (a should apply. The enhanced procedure increases
power that allows local authorities to the scrutiny period by a further 30-days (making
60 days in total), and allows either House or either
do anything that an individual may do) Committee to make recommendations to the
or overlaps with that power. minister, who must consider them. After 60 days, a
motion to approve the draft order can be moved or
The Business and Trade Committee examines all
the minister can choose to amend the draft order.
localism orders. The process for localism orders is
similar to the process for legislative reform orders. The Public Bodies (Abolition of the Advisory
The Committee considers whether the minister has Committees on Pesticides) Order 2015 is an
recommended the appropriate level of scrutiny and example of a public bodies order.
can require a higher level. The Committee also

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Bills and Delegated Legislation

Regulatory reform orders


Regulatory reform orders are a type of At the end of the 60-day period, the minister can
lay a draft remedial order. The minister has to
statutory instrument. Under the Regulatory report details of any representations made during
Reform Act 2001, ministers can make the 60 days and any changes made to the proposal.
changes to the law to remove burdens Another 60-day period follows the laying of the
affecting people carrying on any activity. draft remedial order, in which the Joint Committee
The 2001 Act has largely been replaced has to report on whether the draft order should
by the Legislative Reform Act 2006 and be approved.
legislative reform orders, but ministers can Once both Houses have approved the order, it
can be signed into law (‘made’) by the minister.
still amend orders made under the original
2001 Act. There is also an urgent version of this procedure.
This allows a minister to lay a remedial order that
The Business and Trade Committee examines all has already come into force (known as a ‘made’
regulatory reform orders. The Committee considers order). After the remedial order has been laid, there
whether the House’s attention should be drawn to are 60 days for representations to be made to the
the order for procedural or drafting reasons (but minister. The Joint Committee on Human Rights
doesn’t consider the merit of the order itself or the may report on the remedial order. A replacement
policy behind it). The Committee is also required to remedial order can be laid as a result of the
report to the House if it thinks the order should be representations.
annulled or not made. There is an equivalent
Committee in the House of Lords. Under the urgent procedure either the original
remedial order or the replacement remedial order
The Regulatory Reform (Fire Safety) Order has to be approved within 120 days of the making
2005 is an example of a regulatory reform order. of the original order, otherwise it will stop
having effect.
The Sexual Offences Act 2003 (Remedial) Order
Remedial orders 2012 is an example of a remedial order.

Remedial orders are a type of statutory


instrument. Under the Human Rights
Act 1998, courts can declare Acts of
Parliament incompatible with the European
convention on human rights. The
Government can use remedial orders to
amend Acts to remove the incompatibility.
A minister formally presents (or ‘lays’) a proposal
for a draft remedial order. Parliament has 60 days
to consider the proposal. The Joint Committee on
Human Rights (a cross-party Committee of MPs
and peers) also scrutinises the proposal.

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MPs’ Guide to Procedure

Delegated Legislation
Committees
How long do delegated
A delegated legislation committee
is set up to debate a statutory
legislation committees last?
instrument (or a group of related Delegated legislation committee can last
statutory instruments). for up to one and a half hours (or two and
You can attend and speak at a delegated
a half hours if the statutory instrument
legislation committee even if you haven’t been relates to Northern Ireland).
appointed as a member of it, but only members
If there’s more than one statutory instrument, they
of the Committee can vote and count towards
are usually debated together and the Committee
the quorum.
can still only last for one and a half hours. But if
The Committee membership is usually 17 MPs, any MP objects, the statutory instruments must be
plus an impartial Chair. The Committee of debated separately and there is up to one and a
Selection appoints the members. The Speaker half hours for each statutory instrument. So, if
appoints the Chair from the Panel of Chairs there were two statutory instruments, debated
(a group of MPs nominated for this purpose). separately, the Committee could last for up to
three hours. You won’t know for certain until the
The Committee includes at least one minister
meeting starts whether the statutory instruments
and at least one spokesperson from the official
will be debated together or separately, although
Opposition. Sometimes a spokesperson from
it’s rare for them to be debated separately.
the third largest party is a member as well.

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Bills and Delegated Legislation

What happens in a What happens after a


delegated legislation delegated legislation
committee? committee?
The debate in a delegated legislation Once a delegated legislation committee
committee takes place on a motion that has debated an affirmative statutory
“the Committee has considered” the instrument, the House needs to agree a
statutory instrument. motion to approve it before it can become
The rules are similar to the Chamber. You stand to law. The Government often brings the
speak, address the Chair, refer to other MPs by motion to the Chamber the day after
their constituencies and you can try to intervene on the delegated legislation committee.
speeches. The Chair decides the speaking order.
The motion is usually considered after the end
For an affirmative statutory instrument, the minister of the day’s main business and before the final
moves the motion and makes an opening speech. half-hour adjournment debate. No further debate
When the minister finishes, the official Opposition is allowed in the Chamber, so the Speaker puts the
spokesperson, other party spokespeople and then question on whether to approve the statutory
backbenchers make speeches. The minister then instrument straightaway.
makes a closing speech.
If no one opposes the motion, the statutory
For a negative statutory instrument, the MP who instrument is approved.
submitted the motion objecting to the statutory
instrument usually moves the motion (although any If someone opposes the motion before the point
member of the Committee, including the minister, at which the main business usually ends (known as
could move it if necessary) and makes the opening the moment of interruption: 10pm on Monday;
speech. This is followed by speeches by the official 7pm on Tuesday and Wednesday; 5pm on
Opposition spokesperson, other party spokespeople Thursday), a vote will take place. If someone
and any backbenchers who want to speak. The opposes the motion after the moment of
minister responds. The MP who submitted the interruption, the Speaker announces that a
motion may be able to speak again at the end if deferred division (a vote at a later date) will be held
there’s time. on the following Wednesday. This is because there
can’t be a vote on a motion relating to statutory
At the end of the debate, the Committee has to instruments after the moment of interruption.
decide whether it agrees with the motion that it
has considered the statutory instrument. Often this In the case of a negative statutory instrument, the
is agreed without a vote. vote in the Chamber would be about whether to
annul the statutory instrument. The Government
Even if the Committee votes against the motion, doesn’t have to provide time for such a vote (even
the statutory instrument can still proceed to its next if the statutory instrument has been considered in a
stage. This is because the motion is simply about delegated legislation committee) and there is little
whether the Committee has considered the incentive for them to do so because the statutory
statutory instrument. The vote on whether to instrument will simply become law unless there is
approve an affirmative statutory instrument a vote to annul it within the specified period.
(or annul a negative statutory instrument) takes
place in the Chamber. An Opposition day could be used to consider a
motion to annul a negative statutory instrument.

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MPs’ Guide to Procedure

Chamber debates on
Delegated legislation
At the end of a debate, a decision is made on
Delegated legislation can whether to approve it. There could be a vote,
or, if no one objects, it could be approved without
sometimes be debated in the the need for a vote.
Chamber, rather than in a
Delegated Legislation Committee.
This is less common, but can When a negative statutory instrument is
happen if a statutory instrument debated in the Chamber, the debate is on
is on a contentious subject, or if a motion the statutory instrument “be
the Government wants a annulled”.
statutory instrument approved One of the MPs who submitted the motion to
particularly quickly. annul the statutory instrument makes the opening
speech. There can be speeches by the official
Debates on statutory instruments in the Opposition spokesperson, other party
Chamber usually last for up to an hour spokespeople and any backbenchers who want to
and a half. speak. The minister will also make a speech. The
MP who opened the debate may speak again at
the end if there’s time.
At the end of a debate, a decision is made on
What happens in a Chamber whether to annul the statutory instrument. There’s
debate on delegated likely to be a vote. If it’s after the point at which
the main business usually ends (known as the
legislation? moment of interruption: 10pm on Monday; 7pm
on Tuesday and Wednesday; 5pm on Thursday),
When an affirmative statutory instrument the Speaker announces that a deferred division (a
is debated in the Chamber, the debate is vote at a later date) will be held on the following
on a motion that the statutory instrument Wednesday. This is because there can’t be a vote
on a motion relating to statutory instruments after
“be approved”. the moment of interruption.
The normal sequence is that the minister makes
an opening speech explaining the purpose of the
statutory instrument and the general background.
When the minister finishes, the official Opposition
spokesperson, other party spokespeople and then
backbenchers make speeches. The minister may
make a closing speech if there’s time.
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Bills and Delegated Legislation

Technical and legal scrutiny


of statutory instruments
The Joint Committee on Statutory If a statutory instrument is badly written
or there are legal problems with it, the
Instruments (JCSI) is responsible for Committees draw Parliament’s attention to this.
the technical and legal scrutiny of
They don’t look at the merits of the statutory
statutory instruments. Its members instrument or the underlying policy. The House
are MPs and peers. The same MPs are of Lords Secondary Legislation Scrutiny
also members of the Select Committee, on the other hand, does look at the
Committee on Statutory Instruments, policy implications of statutory instruments. The
House of Lords also has the Delegated Powers
which performs the same role for and Regulatory Reform Committee, which looks
statutory instruments that are only how delegated powers are used in bills and
presented to House of Commons. whether the right level of scrutiny is proposed.

JCSI decisions on statutory


instruments
The Joint Committee on Statutory
Instruments usually meets weekly when
Parliament is sitting. It produces a report
after its meetings setting out which
statutory instruments it considered, and
whether it recommended any particular
action. These reports are available on the
JCSI website.
The Statutory Instruments Committee meets much
less often (because there aren’t many statutory
instruments that are just presented to the House of
Commons), and publishes reports on the Statutory
Instruments Committee website.

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MPs’ Guide to Procedure

European Statutory
Instruments Committee
The Retained EU Law (Revocation and proposed instrument is laid) to recommend
whether the proposed negative statutory
Reform) Act 2023 provides ministers instrument should instead be subject to the
with powers to make delegated affirmative procedure. A sitting day is a day
legislation relating to retained EU law when the House is meeting.
and assimilated law. For most The House of Lords has a similar committee
statutory instruments introduced process for proposed negative statutory
under the Act, the Government instruments introduced under the Act.
decides whether the instruments are The Government doesn’t have to follow the
subject to the affirmative procedure Committees’ recommendations, but if they don’t
they have to explain why.
or the negative procedure, depending
on what they are intended to do. Once a proposed negative statutory instrument
introduced under the Act has gone through the
Affirmative statutory instruments introduced sifting stage, it follows the usual process for a
under the Act follow the usual process for statutory instrument.
affirmatives.
The Committee also has a similar sifting role
Negative statutory instruments introduced under under the European Union (Withdrawal) Act
the Act must be laid (formally presented) first as 2018 but that role has effectively ceased. It last
proposed statutory instruments. The Government considered a proposed negative under that Act
must also lay an explanatory memorandum, on 1 November 2022.
setting out their reason for thinking the negative
Contact an expert
procedure should apply.
European Statutory Instruments Committee
The European Statutory Instruments Committee
– a cross-party select committee of 16 MPs – Email: esic@parliament.uk
examines all proposed negative statutory
Extension: x4838
instruments in the House of Commons. It has 10
sitting days (starting the sitting day after the

224
Bills and Delegated Legislation

Tracking the progress


of delegated legislation
The Statutory Instrument tracker on The text of statutory instruments, and the
explanatory memorandum and notes (setting out
Parliament’s website enables you to their purpose), can be found on legislation.gov.uk
follow the progress of all statutory or via Parliamentary Search. They are also
instruments formally presented to available in hard copy from the Vote Office.
Parliament and to see what stages Each statutory instrument is given a number,
are coming up next. Each statutory which runs from number 1 each calendar year
instrument has its own web page and is quoted in the form: SI 2023/1234.
Statutory instruments are only given this number
and this displays all stages in both once they have been signed into law (‘made’) so
Houses on a timeline. It is updated draft statutory instruments (most affirmative
daily. statutory instruments are draft) don’t have the
number yet. If a statutory instrument formally
It provides the deadlines for annulling a negative presented to Parliament has a number, it’s
instrument and also shows: probably a negative statutory instrument. If it
• a link to all debates, committee reports, and doesn’t, it’s probably an affirmative statutory
decisions in both Houses instrument. But this isn’t a fail-safe way of telling
the difference, so contact the Journal Office if
• a link to the text of the statutory instrument you’re not sure.
and its explanatory memorandum
Reports of Delegated Legislation Committees
• whether the Joint/Select Committee on and debates on delegated Legislation in the
Statutory Instruments has reported on the Chamber are published in Hansard. You need to
statutory instrument know the date the debate took place. You can
• whether the statutory instrument will be ask the Public Bill Office (for delegated legislation
debated in a Delegated Legislation committee) and the Table Office (for Chamber
Committee or the Chamber. debates) if you’re not sure. The Journal Office
can provide general advice on statutory
The titles of statutory instruments formally instruments.
presented to the House are also published in
the Votes and Proceedings on the day they
are presented.

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MPs’ Guide to Procedure

Quick
Guide
Most select committees scrutinise the
Government. They examine policy Select committees
are cross-party
formation and delivery, public spending,
and the way departments are run.
You can be appointed by the House
as a member of a select committee.
Most select committees meet
groups of backbench
in public regularly to take oral
evidence from ministers, officials, MPs who work as
a team to produce
organisations, and individuals. They
also meet in private to decide the

reports and other


subject of their inquiries and other
initiatives, consider the evidence
they receive and agree reports. Many
committees visit locations in the
UK and/or abroad, where they may information.
hold formal or informal meetings.
There is a select committee to
scrutinise each government
department. These are known as
the departmental select committees.
There are also cross-cutting select
committees that look at policies
across departments – for example,
on the environment and sustainable
development and past public spending.
Not all select committees are policy-
based or focused on the Government.
There are also select committees
that are focused on the House of
Commons and look, for example, at
procedure or the way the House is run.
Joint committees are made up of
MPs and Members of the House of
Lords. There are permanent joint
committees that look at subjects such
as human rights and temporary joint
committees, which are sometimes
set up to examine draft legislation.
A full list of Commons select
committees and joint committees,
and their contact details and remit is
available on Parliament’s website.
8
228 Members of
select committees
230 Chairs of
select committees
233 Meetings and papers
238 Inquiries
241 Select committee reports
244 Select committee staff

SELECT
COMMITTEES
CONTACT AN EXPERT
Select Committee Team: x8051; scrutiny@parliament.uk
MPs’ Guide to Procedure

Members of
select committees
The House formally appoints If you’re successful in your party’s internal
elections, the whips will give your name to
members of select committees, another select committee called the Committee
but it’s left mainly to the parties of Selection, which will put it to the House
themselves to put forward in the form of a motion for approval in the
names. The process for getting Chamber. While other MPs could object at
this stage, this is generally a formality.
appointed to a select committee
varies from party to party, The size of select committees varies.
although the method should Most departmental select committees
have 11 members, but some are larger. For
be transparent and democratic. example, the Environmental Audit Committee
If you want to be on a select and Public Accounts Committee each have
committee, your first step should sixteen members. Each party is entitled to
be to consult your whips who a number of seats on select committees in
proportion to the number of MPs they have in
can offer more information about the House. The places each party is awarded
your party’s internal processes. aren’t always evenly distributed across the
available committees. Negotiations about these
allocations are done through the Committee of
Selection, whose members are mostly whips.

228
Select Committees

Changes in select If you’re appointed to a ministerial or other post


that conflicts with your role on the committee,
committee membership you will normally be expected to stop any
committee work immediately. You should ask
The initial round of appointments to your whips to arrange for your formal discharge
select committees happens in the first and replacement as soon as possible.
few weeks or months after a general
election, after the chairs have been
separately elected. In most cases, once Time commitment
appointed you can stay on a committee
Many Members find the work rewarding.
for the rest of the Parliament if you
Committees have an impact on
choose to. The most significant
government policy: the most detailed
exception is the Backbench Business
academic work done on committee
Committee, whose members must be
effectiveness suggests their work is
re-appointed each session.
influential both inside and outside
The membership of committees changes Government. There is the further benefit
continually for many different reasons and
in the public recognition of the work
vacancies are filled by a form of ‘by-election’
within the party whose space is vacant. In of committees and the influence that
addition, sometimes a new committee will be set this can bring to their members.
up and the places on it will have to be filled.
Nonetheless, to participate effectively in the work
If you want to leave a committee, you should of a select committee, you need to set aside time
notify your party whips. You should also let for at least one weekly meeting of probably two to
the committee chair and clerk know. Formally, three hours. You will also require reading time. A
you remain a member of the committee until substantial number of papers will be circulated by
the House has agreed a motion to discharge committee staff, including, among other things:
you, which doesn’t usually happen until
someone has been found to replace you. • written evidence submissions
• b
 riefs containing suggested questions
With a very few exceptions, ministers are not
for public evidence sessions
members of select committees. In addition, it’s the
custom that Opposition frontbench spokespeople • oral evidence transcripts
don’t become members of select committees that • correspondence from ministers and others
scrutinise the work of the Government, although
• d
 raft committee reports and
they might serve on committees that look at the
suggested amendments to them
way the House is run. Different conventions apply
to the smaller Opposition parties. There is also a • government responses to those reports
strong convention, also set out in the Ministerial
Code, that parliamentary private secretaries don’t
sit on committees scrutinising departments or areas
of policy for which their ministers are responsible.

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Chairs of
select committees
Most select committee chairs are The chairs of other committees are elected
by the members of that committee. These
elected by the whole House in a include the chairs of the Administration,
secret ballot held after each general European Scrutiny, Finance, Privileges
election or when a vacancy arises. Committees, the Committee of Selection
The chairs of all the departmental and the chairs of any joint committees.
select committees, as well as the Once elected, chairs remain in post until
chairs of the Environmental Audit, the end of the Parliament if they choose
Petitions, Public Administration to. The only exception is the chair of the
Backbench Business Committee, who is
and Constitutional Affairs, Public elected at the beginning of each session.
Accounts, Procedure, and Standards
Committees, are elected in this There is a term limit on chairs: a committee
can’t have the same chair for more than two
way. The chairs of the Backbench back-to-back Parliaments or a continuous
Business Committee, Standards period of eight years – whichever is longer.
and Public Accounts must come This rule doesn’t apply to joint committees.
from the official Opposition. There are provisions allowing committees to
remove a chair who’s been elected by the
whole House. Chairs elected by the committee
can be replaced by a vote of the committee.

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Select Committees

Elected chairs You should declare any relevant interests with your
nomination. You can also submit a supporting
At the start of a new Parliament, the statement of up to 500 words.
newly-elected Speaker informs the political You will be able to find a list of candidates:
parties how many elected chairs each of • in the Vote Office in Members’ Lobby
them is entitled to, depending on the
• on Parliament’s website
number of MPs they have in the House.
The party leaders then put a motion to the House VOTING
to allocate the chair of each committee to a On the day of an election, a voting station is usually
specific party. If the party leaders fail to table a established in one of the division lobbies or one of
motion within two weeks of the King’s Speech, the committee rooms on the Committee Corridor in
any other MP can instead. Once the House has the Palace.
agreed the motion, the Speaker will announce To vote, go to one of the temporary division desks
the date of the elections, which will normally where you can get a ballot paper. There will be a
take place between seven and 14 days later. separate ballot paper for each position, as part of a
booklet of papers. The ballot paper gives the names
STANDING AS CHAIR of candidates in alphabetical order. Complete the
You can’t stand for more than one chair post ballot paper at one of the stations in the room and
and it must be a post allocated to your party. put it in one of the ballot boxes at the exit. Vote by
Nominations must be submitted to the Table Office. ranking as many candidates as you wish in order of
The deadline for nominations will preference, marking 1 by the name of your first
be announced when the date of the election preference, 2 by the name of your second
is announced. preference, and so on. You can indicate as few or as
many preferences as you wish.
You need to write a short statement declaring
your willingness to stand and sign it. There is a The votes are counted under the alternative vote
nomination form you can use if you wish. Your system. Any candidate who receives more than half
nomination needs to be signed by 15 MPs from the first preferences is elected. Otherwise, the
your own party, or 10 per cent of the MPs elected candidate with the lowest number of first
to the House from your party – whichever is lower. preference votes is eliminated and their votes are
The signatures need to be physical signatures, redistributed among the remaining candidates
not photocopies. If you gather more signatures according to the preferences on them. If no
than you need, the extra names won’t be printed, candidate has more than half the votes, the process
but this can still be useful as signatures will be of elimination and distribution is repeated, until one
declared invalid if someone has signed more candidate has more than half the votes.
than one nomination for the same committee.
You can also collect signatures from up to five MPs
from other parties, but this isn’t compulsory.
For the Backbench Business Committee, you need
signatures of between 20 and 25 MPs (including no
fewer than 10 Government MPs and 10 MPs from
an Opposition party or no party).

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RESULTS Most committees delegate specified routine


The results, including any unopposed places, are decisions to the chair – for example, the timing
announced by the Speaker in the Chamber and of meetings and the organisation of evidence
published as soon as possible after the ballot has sessions. Chairs also usually propose the draft
closed. This may be the day after the ballot. report discussed by a committee at the end of
an inquiry.

Once the Speaker has declared the results, the Most chairs, unlike other committee members,
successful candidate becomes the chair-elect of the receive an addition to their salary to reflect the
relevant committee. They only become the chair additional time and work the role requires. This
when the House has appointed the other committee is set by IPSA and published on their website.
members, which may be several weeks later. Once a select committee is appointed, the chair will
write to its members with the date, time and place
of the first meeting. Where there is no pre-elected
Role and powers of chair, the longest serving MP, regardless of any
interruption of service, will write.
select committee chairs
Chairs have few formal powers and only a
casting vote if a formal decision is required.
But they do have a great deal of influence
over how a committee works. Individual
styles vary and different committees may
require different approaches.
Among the key elements of the role are:
• providing support and direction to the
committee’s staff between formal meetings
• ensuring that committee members can
contribute to the choice of inquiry topics,
oral evidence sessions and reports, and
• providing the committee’s main public face.
Chairs may also spend a good deal of time working
behind the scenes – for example, communicating
with ministers in the department the committee
scrutinises, or meeting organisations that want to
attract the committee’s attention or promote a
subject for inquiry.

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Meetings and papers


Select committees usually meet at This means that most committee
least once a week. Some, such as meetings are scheduled on Tuesdays or
Wednesdays, or on Thursday mornings,
the Public Accounts Committee, with a few on Monday afternoons.
meet twice a week. Some meet
Meetings usually take place in committee
more often on occasions. At their rooms either on the main and upper corridors
first meeting, most committees in the Palace or in Portcullis House, though
choose a regular day and time for committees can meet to take evidence away
their main meeting(s). They may from Westminster. Individual committees
often have a preferred location for their
identify a further regular time for meetings, but because lots of committees
additional meetings as needed. meet at the same time rooms are allocated
by ballot, and can be changed depending
Committees meet when the House is
on which committees are being televised.
sitting but most can meet, or travel, during
recesses (except during Prorogation, which All select committee public meetings are
is normally a short period at the end of a available to watch in real time or afterwards
session). They usually try to avoid having a on parliamentlive.tv. Transcripts of the sessions
regular meeting time that makes life difficult are published on each committee’s web
for committee members who have to travel pages once available. You can download or
a long distance or that clashes with the link to specific sections of these meetings
busiest periods in the House – for example, using the tools on parliamentlive.tv.
Question Time, particularly on Wednesdays,
Some public meetings are televised for the
or the time when oral statements may be
BBC Parliament channel. Other broadcasters
made or votes are likely to be taken.
may bid for a particular committee to be
televised and to have the live feed made
available to them. There is also provision for
formal public meetings away from Westminster
to be recorded for broadcasting or webcasting.

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Declaring interests
The agenda for the first meeting of a select As in proceedings in the Chamber, you may have
committee will include declarations of such a close connection to a particular subject that
you feel it’s necessary to declare it again in respect
members’ interests. You’re required to
of a specific inquiry, so that it’s recorded again.
declare both: If so, you should do so at each public session
• the interests that you’re obliged to record in before asking questions of witnesses. In very rare
the Register of Members’ Financial Interests cases, you may have so direct a financial interest
in a specific inquiry that you should stand aside
• any further interests – whether or not they’re from taking part in meetings on that inquiry.
financial – which are relevant to the work of
the committee, even if they’re not interests
you’d be required to record in the Register.
These further interests might include:
Private and public meetings
• trusteeships of bodies relevant The committee’s first meeting takes place
to the committee’s remit in private, which means only committee
• trade union or trade association membership members and House staff can attend. At
• close family connections (for example that meeting, almost without exception,
on the Health Committee a close a committee will agree to admit the public
relative who is a medical professional
or on the Defence Committee one to its future oral evidence sessions.
who is serving in the armed forces) Committees have no power to admit the
• financial interests which, though not declarable public to their private meetings and this
under the House’s rules for registration are exclusion extends to MPs’ staff.
particularly relevant to the committee’s remit.
After that, committees usually start with
You can contact the Registrar or clerk of the
a private meeting and then move into a
committee if you’re not sure whether you should
public session to take oral evidence.
declare something. On the whole, the advice will be
to err on the side of disclosure where there is doubt. Committees use private meetings to choose and
plan inquiries and consider reports and other
Before the first meeting, the clerk will arrange
matters. Public sessions must be used only for
for your entry in the Register of Members’
questioning witnesses. Committee members
Financial Interests to be circulated, and will write
must not debate matters between themselves
to you, seeking a list of any further interests
or discuss other committee business in public.
that you wish to declare. That list will then be
circulated to all members of the committee Public sessions are all webcast and sometimes
with the papers for the first meeting. broadcast. It’s important to be aware when a private
At the first meeting, you’ll be asked whether session ends and a public session begins, because
you have anything to add or change in the of the risk of private discussions inadvertently being
circulated information. Your interests will be broadcast.
recorded in the formal minutes, which are
published on the committee’s website. The same
process will be followed for each new member
of the committee who joins at a later date.

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Select Committees

Meeting procedures
Select committee meetings are less Formal decisions, in particular those relating to
formal than debates in the House or reports, involving expenditure or the use of the
committee’s powers, are recorded in the
in public bill or delegated legislation committee’s formal minutes. The formal decisions
committees. You remain seated when relating to agreeing a report are published along
you speak, and can refer to other MPs with the report, and the full formal minutes are
by name rather than constituency. published on the committee’s website. A decision
taken formally, as opposed to a course of action
You sit around a horseshoe-shaped table, but agreed informally, can’t be changed without a
don’t have to sit on ‘party sides’, like you do further formal decision. You must give advance
in the Chamber and other committees. notice if you want to change a formal decision.
Your attendance at meetings is recorded in the
formal minutes, which are published. Select
committees have a minimum number of members
who need to be present for a formal meeting.
Joint committees
The general rule is that a committee quorum Joint committees meet under Lords procedure.
is a quarter of the membership, with fractions Mostly this is the same as in the Commons. The
rounded up. For departmental select committees staff of the joint committee will be able to advise
with a membership of 11, it’s three. The chair is on differences. The most visible difference is joint
counted in the quorum. If the number of MPs committees can choose to meet virtually, or with
present falls below the quorum, the meeting some Members attending remotely, unlike
must be suspended until a quorum can be Commons committees.
reached, or adjourned to a later date. When
more than two committees are meeting formally
together, the quorum is reduced to two from
each participating committee, unless they’re Meeting papers
electing a chair or considering a draft report.
Papers are circulated to you a few
Most committee decisions are reached by
days before the meeting to allow you
consensus. If a formal vote is required, the
clerk reads out the names of the MPs present, to read them and raise any questions
and they respond “Aye” or “No”, or “No vote”. with the committee’s staff. Staff
The chair votes only in the event of a tie, circulate papers electronically.
and may vote however they choose (unlike
the Chamber and other committees, where Staff will ask you for contact details and
chairs are bound by particular conventions). personal preferences so that the regular
circulation can be sent to you and/or to
nominated members of your staff.

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Privilege, confidentiality
and FOI
PRIVILEGE CONFIDENTIALITY
The proceedings of a committee are privileged, You might want to give access to committee papers
which means that words spoken in a public or to a member of your staff. Just as discussions in a
private formal meeting are subject to the same level private meeting must remain private, committee
of protection from legal action or criminal papers are confidential to the committee unless and
investigation as words spoken in the Chamber. until a decision is taken to publish them, usually as
The same protection (for slightly different reasons) evidence to an inquiry or as part of a final report.
applies to anything formally published by a Documents which are especially sensitive, for
committee under an order of the House. example draft reports or legal advice, can usually
only be directly shared with members.
The protection applies equally to witnesses. This
safeguard is intended to prevent select committees You are responsible for ensuring that your staff
from being obstructed by threats of legal action. respect the confidentiality of any committee papers
to which they are given access.
But it’s important to remember that in all cases the
protection is restricted to formal proceedings and Disclosure of a paper that has not been formally
includes only formal evidence and reports published reported to the House – particularly a draft report,
under the authority of the committee. Words used or a report agreed but not yet officially made to the
outside formal meetings (for example in a media House – is a contempt of the House. This includes
interview, even if claiming to represent what was disclosing a draft report to other MPs.
said during proceedings, or at a press conference
As well as the contempt of the House, confidence
even if purporting to report what has been said in a
among committee members about their ability to
report) or things said in letters, emails or other
reach a consensus on controversial issues may be
places (for example X, formally Twitter) do not
lost if draft committee reports, or other sensitive
receive this protection.
documents, are disclosed before they are due to be
published.
If a paper is leaked, the committee may investigate
and make a special report to the House. Any such
report is automatically referred to the Committee of
Privileges and could lead to action against any MP,
or any other person, who had prematurely
disclosed a paper. For an MP, this action could
include suspension from the House.

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Select Committees

FREEDOM OF INFORMATION
The House of Commons is a public authority for the
purposes of the Freedom of Information Act. In
principle, this means select committees are obliged
to release information they hold when duly
requested. However, there are two exemptions in
the Act that apply in particular
to their work.
These are where release would:
• infringe the privileges of the House
(generally taken to include the right of
any committee to decide whether, when
and how to publish information it holds,
including especially information about
its private deliberations and material
received in connection with its inquiries)
• inhibit the effective conduct of public business.
These two exemptions depend on the Speaker
certifying any exemption claimed. There is also an
exemption for material intended to be published
in the reasonably near future. Most material
received by select committees is published
anyway so would fall under this exemption.
Other information, such as the cost of visits,
may not be exempt and is normally published
by the committee.
If you have any questions about the
application of the Act in relation to your
work on a select committee, you can ask
the clerk of your committee for advice.

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MPs’ Guide to Procedure

Inquiries
Most select committees do most of Some inquiries are very short, with perhaps
their work through inquiries into only a single session of oral evidence and
a speedy report. Committees may hold
topics within their remit. This could one-off evidence sessions or pursue issues
be an area of policy, a draft bill, or a through correspondence or by holding
response to an event. events without intending to report at all,
but to add to public debate or air an issue
Suggestions for inquiry subjects come from of immediate or wide concern (one example
many sources, including the chair and committee is the regular oral evidence session the
members, interest groups and members of the Liaison Committee holds with the Prime
public. Minister). Other inquiries may last several
Most departmental committees will set a months and have many evidence sessions.
forward programme that still leaves some space Oral evidence is not the only way of getting
for an urgent response to changing events, such the information needed. All committees seek
as the announcement of a new policy by the written evidence, and most use a variety of
Government. other methods of gathering information such
The Liaison Committee is made up of the as surveys, events and online engagement.
chairs of all the select committees. It takes Most select committees can set up one sub-
evidence from the Prime Minister, approves committee, a smaller group of Members to
spending on committee visits and considers do a particular piece of work. Many have
issues that impact how committees work. It has the power to meet jointly with other select
agreed core tasks to guide select committees committees and may carry out joint inquiries
in their work. into subjects of mutual interest and produce
For some other committees, the choice of a joint report. They can also invite members
subjects may be determined to a greater extent of other select committees to attend their
by external circumstances: the Public Accounts meetings and take part in questioning.
Committee, for example, considers reports The Welsh Affairs Committee has the power
produced for it by the National Audit Office. to meet jointly with any committee of the
Welsh Parliament / Senedd Cymru.
Occasionally, select committees are bound
tightly by their order of appointment
to a narrow remit. The Committee of
Privileges, for example, can only consider
matters referred to it by the House.

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Select Committees

Terms of reference
and written evidence
Once a topic has been chosen for Questioning at oral evidence sessions is intended
inquiry, the committee may agree terms to draw evidence from the witnesses, rather than
being a means for MPs to make statements or
of reference and issue a public call for outline their own views (which will be reflected
written evidence or other means of when the committee reports at the end of the
inviting views, such as a survey. At this inquiry). The House makes training available in
stage some potential witnesses from questioning techniques for committees that wish
to use it, and at an early meeting the committee
whom the committee particularly wants staff will highlight the types of training available.
to hear – for example the Government
The Liaison Committee encourages committees
– may also be sent a list of more specific to treat all witnesses with respect and courtesy
questions and requests for information. and the chair is expected to ensure this happens.
It has also resolved to encourage committees to
The written evidence received may lead
pursue the goal of gender diversity of witnesses.
a committee to ask some witnesses for
oral evidence in addition to the witnesses Witnesses can participate remotely in oral
who’ve already been identified. evidence sessions with the agreement of
the Committee. This can allow committees
The response to inquiries varies depending on
to take oral evidence from witnesses they
the inquiry’s scope, topicality and the degree
would not otherwise be able to hear from.
to which it engages wide public concern.

Witnesses and oral evidence


The committee will choose the people
it wishes to give oral evidence.
Committee staff will invite the witnesses.
Oral evidence sessions will then be held, typically
in public, with you and other members of
the committee questioning the witnesses.
Committee staff will prepare a background briefing
paper for each oral evidence session, sometimes
including a number of suggested questions.
But you can also ask your own questions.
Committees, and chairs, differ in how they
organise which MP asks which question or set
of questions, and it’s for the committee as a
whole to decide its working methods. Most
committees find it useful to reflect together
from time to time on how they approach their
task and how it might be done differently.

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MPs’ Guide to Procedure

Committee Powers
Committees have formal powers to require
documents to be sent to them or summon
people for oral evidence. These are used
only occasionally, with most requests for
evidence met without any need to resort
to them. But committees do sometimes
use these powers and issue orders for the
attendance of witnesses and the
production of papers. Members of either
House of Parliament can’t be summoned
and documents can’t be required from
Government departments except by the
House as a whole.

Travel
Most Committees have the power to meet
formally and travel informally away from
Westminster. Some can travel overseas.
The purpose of travel is usually to enable
the committee to see people, places and
activities in a way that would be
impossible, or very difficult to arrange, at
Westminster. Committees that travel
capture these benefits in a variety of ways.
Sometimes formal oral evidence is taken.
Committees can also publish notes of
discussions and/or quote from discussions
in their reports. The Liaison Committee
needs to agree funding for any travel
overseas.

240
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Select Committees

Select committee
reports
Most inquiries result in a report
to the House, containing
recommendations to the relevant
department, the wider
Government, and sometimes
other organisations such as arms-
length agencies or regulators.
Once the oral evidence is concluded, the chair
is responsible for commissioning a draft report
for the whole committee to consider. First,
there will normally be one or more meetings
when the committee will discuss a proposed
structure for the report and an outline of the
narrative and recommendations. These are
known as heads of report discussions.
The heads of report is often a vital element in
enabling the staff who will draft the report to
gather the political input which will help
them to express the committee’s opinions.

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MPs’ Guide to Procedure

Considering and If the text is both heavily contested and members


of the committee wish the differences of opinion to
amending reports be on the record, then not only the informal
consideration but also the formal consideration can
Reports are agreed in private committee stretch over more than one meeting.
meetings. Once a draft report is ready, you You can record your objection to a report by
will be sent a copy and will be given time seeking votes on individual paragraphs and/or the
to suggest amendments. It’s helpful if you report as a whole. As well as amendments, you can
can provide amendments in writing before submit an alternative report which, if voted against
by the committee, will be recorded in the formal
the meeting so that they can be circulated minutes of the report. This is rare and isn’t formally
to the whole committee. The committee a “minority report” but the effect
staff can help you write amendments. is similar.

Draft reports are presented to the committee by the


chair. It’s possible for alternative drafts to be put
Publication of reports
forward by another MP, but this is rare. At the
meeting, the chair will generally hold an informal MEDIA COVERAGE
discussion to see whether any differences can be Once a report is agreed, a publication date will be
ironed out consensually. The chair may then move set and a press release prepared. Most committees
on to informal consideration of each paragraph or delegate this to the chair, but some may wish to
section of the report to clarify decisions on any sign this off collectively.
changes. Amendments can be made informally if Reports and press releases are usually sent under
everyone agrees. embargo, up to three days ahead of publication, to:
Committees generally try to proceed by consensus, • the responsible Government department,
and the vast majority of reports are agreed without to let them prepare for publication
votes, with conclusions and recommendations
• the media, to let them prepare
backed by the whole committee. This is generally stories or broadcasts
perceived to be one of the strengths of the system.
• witnesses, to let them prepare their
If agreement can’t be reached informally (or where own media or other responses
there is a desire to record a minority opinion), the
chair may then take the committee formally The chair, and sometimes other committee
through the report paragraph by paragraph, members, may be invited to give interviews to the
including the proposing of formal amendments and media on a report. The committee’s media officers
the making of formal decisions on these. Members’ are responsible for organising this, and the
votes will be held if the committee can’t agree. committee’s staff may provide speaking notes or
These votes are included in the formal minutes, bullet points in addition to the press notice and the
which are published with the report. report itself, if required.

Even if agreement has been reached informally, the Committees also very occasionally hold press
chair will still need to put a set of formal questions conferences on a report, sometimes a day or two
at the end of the consideration so that the report before publication and under embargo.
can be made to the House as a whole. But if the
text has been agreed consensually, the formal
process is straightforward.

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Select Committees

OPPORTUNITIES FOR DEBATE Government responses


Once a report is published, select committees may
The Government is expected to reply
wish to promote debate among other MPs on their
findings. There are three principal opportunities: to the recommendations in a select
• Select committee statement: a select committee committee report within two months
chair (or other committee member) can make of publication. This deadline is not
a statement about the launch of a report in always met.
the Chamber in backbench business time.
Applications should be made to the Backbench Responses tend to concentrate on the conclusions
Business Committee and the statement has drawn, and recommendations made, rather than
to be made within five sitting days of the on the more general narrative or argument.
report’s publication. During these statements,
the chair can speak for up to 10 minutes and Unless the department publishes the response
then take questions from MPs for another itself, the committee may publish it as a special
10 to 15 minutes. Statements can also be report, or as a substantive report if the committee
made about the launch of an inquiry. chooses to comment on the response. Committees
• Westminster Hall: a select committee chair can may also choose not to publish a response or to
seek to debate a report in Westminster Hall. seek a further response if they are not satisfied.
Twenty Thursdays per session are allocated
for this purpose. The Liaison Committee After publication, committees find it effective,
chooses which reports are debated. in increasing the impact of their work, to check
the progress the Government has made on
• Debates in the main Chamber: under an implementing actions agreed in their response.
experiment, the Liaison Committee can propose
There are a variety of ways in which committees
debates in the main Chamber on three of
the days set aside for backbench business. can do this, including by writing to the Government
or holding another oral evidence session:
Select committee reports may also be relevant
• set up a sub-committee
to other matters being debated in the House,
(smaller committees made up of some of the
including legislation. A committee chair can ask
committee’s members)
for a report to be ‘tagged’ to an item on the Order
Paper. If the MP in charge of the business agrees, • meet and work with other select committees
a note appears under that item drawing attention
to the relevant report. The Speaker may consider
giving some priority in the debate to the MPs
involved in that report.

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MPs’ Guide to Procedure

Select committee
staff
Each select committee is
supported by a small team of
permanent staff.
Although the committee’s staff work most
closely with the chair, they are employed to
work for the committee as a whole and you
can call on them to help with work related to
your role on the committee.
At the start of a Parliament a copy of the
Standards of Service covering the sorts
of work committee teams undertake for
committees will be circulated to Members.
The typical team has a clerk of the
committee, who leads the team and advises
on committee strategy and procedure.
They usually manage a second clerk, one
or more committee specialists who will
manage individual inquiries, and one or
more operational staff who will arrange
meetings, send out papers and organise
committee visits and witnesses.

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Select Committees

Specialist advisers, media, RESEARCH


In addition to their own staff, committees may call
research and outreach for research support from other parts of the House
Service. The Committee Office’s Scrutiny Unit has
Committees are also supported by other particular expertise in finance and the law. The
staff and can appoint external experts as Parliamentary Office of Science and Technology
advisers. The use of the services below is (POST) can act as a broker between committees
and academic experts.
something that should be discussed at the
launch of an inquiry. Committees may also commission external research
of their own.
SPECIALIST ADVISERS
ENGAGEMENT
Most select committees have the power to
The House’s Select Committee Engagement Team
appoint specialist advisers, either for a specific
can help to widen the field of people who know
inquiry or to provide general advice across the range
about and contribute to the committee’s work,
of the committee’s work. Such advisers are paid
including through public meetings, workshops,
daily rates from a centrally managed budget and
networking events and online engagement. The
applicants are often drawn from business, public
Digital and Publishing Team help promote the
services, and academia.
Committee’s work online and publish their reports.

MEDIA OFFICERS
The House employs a team of select committee
media officers. Each media officer typically supports
up to three committees, and their work includes
shaping the committee’s overall communications
strategy, advising on how to tell the story of a
particular inquiry and maximise its media impact,
drafting press notices for inquiry launches or report
publications, and arranging press conferences.

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Quick
Guide
The European scrutiny EU exit. Information about EU
documents and any debates is
system in the House of listed on the European Business
Commons is intended page on Parliament’s website and
available from the Vote Office.
to ensure that you have
There are a number of other
opportunities to opportunities in the House for you
influence UK ministers to scrutinise European policy:
on UK/EU proposals • oral questions and
oral statements
within the scope of the
• debates on bills
Withdrawal Agreement relating to the EU
and the Trade and • general debates on the EU
Cooperation • departmental select
Agreement (TCA). committees: the European
Scrutiny Committee has
The European Scrutiny
the power to require
Committee examines all EU
documents submitted to a select committee to
Parliament by the Government. provide an opinion on a
At the end of the post-Brexit particular document; there
transition period, the are also informal links and
Government agreed to submit departmental committees can
documents relating to: conduct EU-related inquiries
• the Windsor Framework • the UK National Parliament
(formerly the Northern Office: this can assist you
Ireland Protocol) (including with European matters,
proposals for EU legislation particularly if you’re visiting
that would potentially take
European institutions in a
effect in Northern Ireland);
representative capacity.
• the Withdrawal Agreement
(including EU Council
Decisions establishing
the EU’s position in the
‘Withdrawal Agreement
Joint Committee’); and
• binding decisions of the TCA
‘Partnership Council’ and
‘Specialised Committees’.
The Committee considers the
document’s political and legal
importance and the availability
of information relating to it. It
can refer documents for debate
in a European committee or
the Chamber. The last time a
debate was held in a European
Committee was before the UK’s
9
248 European Scrutiny
Committee
251 European scrutiny in
the House of Lords

EUROPEAN
SCRUTINY
CONTACT AN EXPERT

European Scrutiny Committee: x3292 escom@parliament.uk


MPs’ Guide to Procedure

European Scrutiny Committee


The European Scrutiny Committee is The Committee is also responsible for:
a cross-party select committee, with • scrutinising ministerial actions and
decisions at meetings in joint UK/EU fora,
16 members who are nominated such as the Withdrawal Agreement Joint
by the Committee of Selection. If Committee and the Trade and Cooperation
you’re interested in serving on the Agreement Partnership Council
Committee, you should consult your • being a source of analysis and
whips. The Chair is elected by the information on EU issues for MPs

Committee members. • monitoring and holding inquiries into legal,


procedural or institutional developments
The Committee’s main role is to assess all EU regarding the UK’s new relationship with the
documents (including draft legislation and EU (the Committee can require individuals,
policy proposals) placed before Parliament including ministers, to give evidence)
by the Government. The Government
• working with the House of Lords European
provides an explanatory memorandum to
Affairs Committee (and its sub-committee
accompany each document. The Committee
on the Windsor Framework), which performs
can also consider the views of organisations
similar functions in the House of Lords.
and individuals outside Parliament.
The staff of the Committee have produced
The Committee looks at the significance of
a booklet for MPs, “The European Scrutiny
the document and decides whether it needs
System in the House of Commons”. You
further scrutiny. The Committee reports on all
can contact the Committee for a copy.
documents that are politically or legally important.
Political importance may be about the sensitivity
of the subject, the financial implications, or
the likely impact on the UK. Legal importance
may be about a doubtful legal basis, difficulties
of drafting, or the impact on existing law.
The European Scrutiny Committee meets once
a week (usually on Wednesday) and publishes a
report with its decisions regarding EU documents
every other week (usually on Tuesday). You can
find the reports on the Committee’s website
or in hard copy from the Vote Office.

248
European Scrutiny

EU documents and
explanatory memoranda
The Government must formally deposit a
covered EU document in Parliament within
two working days of its arrival at the
Foreign, Commonwealth and Development
Office. “Deposit” means that it’s submitted
to the European Scrutiny Committee and is
available in the Vote Office.
The Government must then submit an
explanatory memorandum within 10 working
days of depositing the document. This forms
the Government’s evidence to the European
Scrutiny Committee and triggers the start of the
scrutiny process in the House of Commons.
EU documents and explanatory memoranda are
available from the Vote Office and on the GOV.
UK website. If a proposal is substantially amended
or circumstances change, the Government must
submit a supplementary explanatory memorandum.
Documents awaiting consideration by the
European Scrutiny Committee are listed in
its Progress of Scrutiny paper, which is on its
website and available from Committee staff.
The scrutiny system is based on documents, but
the European Scrutiny Committee doesn’t always
have to wait for the publication of a document
to begin the scrutiny process. If the document is
unlikely to be available in time for scrutiny before
a decision is reached by the UK and EU, the
Government submits an unnumbered explanatory
memorandum, which describes what is likely
to be in the document. The European Scrutiny
Committee can clear a proposal on the basis of
an unnumbered explanatory memorandum, or
it can be debated in place of the document.

249
MPs’ Guide to Procedure

European Scrutiny
Committee actions
The European Scrutiny Committee can:
• clear documents that it decides aren’t
politically or legally important and
don’t require further scrutiny
• retain documents if, for example, the
Committee requires more information or is
awaiting further developments (the Committee
usually seeks more information in writing, but
can take oral evidence from the minister)
• report legally or politically important
documents to the House
• tag a document to an existing debate if
the subject is relevant (tagging means that
the document will be displayed under the
title of the debate on the Order Paper;
tagging has no impact of the clearance
of the document from scrutiny)
• refer documents of particular legal or
political importance for debate in the
Chamber or in a ‘European Committee’
• call a minister to give oral evidence
on an EU matter.

250
European Scrutiny

European scrutiny in
the House of Lords
European scrutiny in the House of
Lords is carried out mainly by the
European Affairs Committee – a
cross-party committee with 19
members. It has a sub-committee
on the Windsor Framework.
The European Affairs Committee holds inquiries
into cross-cutting issues such as on the UK’s
new relationship with the EU. It conducts
regular hearings with the Minister for Europe
and one-off hearings with other people,
including interested stakeholders.

251
MPs’ Guide to Procedure

Quick
Guide
Only the House of on something that hasn’t already
been authorised by Parliament and
Commons can authorise a ways and means resolution if a bill
Government spending authorises the creation, extension or
increase of taxes or other charges.
and taxation. This is
known as Commons If a bill that starts in the House of
Lords involves spending or taxation
financial privilege. as an incidental purpose, the
The House of Commons approves the bill will include a statement that
Government’s taxation plans through “nothing in this Act shall impose any
the Budget cycle and you can charge on the people or on public
scrutinise them during the debates funds…”. This is called a privilege
on the Budget and the Finance Bill. It amendment and is a way for the
approves the Government’s spending Lords to acknowledge the Commons’
plans through the estimates cycle, financial privilege. The statement is
and you can scrutinise them on removed by the Commons when the
estimates days. Select committees bill is considered there. A privilege
also scrutinise the spending plans amendment can also be inserted
of departments. in a Lords bill that has spending or
taxation as its main purpose, as long
Three main rules usually apply as a Minister of the Crown takes
to financial procedure: charge of the bill in the Commons.
• Government spending and If the only purpose of a bill is to
taxation must be authorised impose or alter taxes or spending,
by legislation and that it may be certified by the Speaker
legislation must start in the as a money bill. This means that,
House of Commons. under the Parliament Act 1911, it can
• a Government proposal for be passed without the agreement
spending or taxation must first of the House of Lords as long as
be considered by the House certain conditions are met. Money
of Commons in the form of bills can’t start in the Lords and
a resolution (a proposal to be the Lords can’t amend them.
decided by the House), which, Finance Bills and Supply and
if agreed to, prepares the way Appropriation Bills are bills of aids
for the legislation authorising and supplies. Other bills can also
the spending or taxation. be bills of aids and supplies. Bills of
• only the Crown (in practice, aids and supplies can’t start in the
the Government) can make Lords or be amended by the Lords.
proposals for spending or But they are not necessarily the
taxation – this is known as the same as money bills. For example,
financial initiative of the Crown. some Finance Bills include provisions
that mean they don’t meet the
Government spending is sometimes definition of money bills. The Clerk
known as ‘a charge on public funds’ of Legislation in the Public Bill
and taxation is sometimes known Office can provide advice on the
as ‘a charge on the people’. MPs difference between money bills
must agree a money resolution if a and bills of aids and supplies.
bill proposes spending public money
10
254 Budget and Finance Bill
259 Estimates

TAXATION AND
SPENDING
CONTACT AN EXPERT

Public Bill Office: x3251 pbohoc@parliament.uk


MPs’ Guide to Procedure

Budget and Finance Bill


Each year, the Chancellor of the The Budget and the Finance Bill are annual
Exchequer makes a Budget events, in part because income tax and
corporation tax are annual taxes which have to
statement to the House reviewing be renewed by legislation each year.
the nation’s finances and setting Occasionally, there might be two Budgets and
out the Government’s taxation Finance Bills in the same year. For example, in
plans for the next year. The Budget election years, after a change of Government,
a Budget will usually be introduced by the
also includes forecasts for the incoming Chancellor, even if the previous
economy by the Office for Budget Chancellor has already delivered one.
Responsibility. The Budget starts After each Budget, the Treasury Select
the annual cycle, through which the Committee usually conducts an inquiry into the
House of Commons approves the Government’s proposals, gathering evidence
Government’s taxation plans. from witnesses and publishing a report, which
the Government responds to.
The Budget is accompanied by the Budget
The Chancellor also makes a statement later in
report and the Budget resolutions, which set
the year providing an update on the economy
out specific proposals for taxation to be
and progress made since the Budget, and to
included in the Finance Bill and are available
respond to the Office for Budget Responsibility’s
from the Vote Office as soon as the statement
forecasts for the economy.
has finished.
There are usually four days of debate on the
Budget. If you want to speak in the Budget
debate, you should write to the Speaker’s Office
in advance. At the end of the Budget debate,
the House is asked to agree the Budget
resolutions. Some may have immediate effect.
Then the Finance Bill is introduced.

254
Taxation and Spending

How to
speak in the
Budget debate
Step-by-step:
These steps are for you as an MP, rather than your
staff, although your staff can help you with step 1.

STEP 1
Find out how many days the debate on the
STEP 4
Budget will last – it’s usually four. You can check On the day that you have asked to make your
by looking at the Future Business section of the speech, make sure you are in the Chamber to
Order Paper the week before the Budget hear the opening speeches.
statement, or ask the Table Office.

STEP 5
STEP 2
When a speech finishes, stand in your place to
Write to the Speaker’s Office in advance indicate that you would like to speak. You can do
explaining which day you would like to speak in this even if you haven’t written to the Speaker in
the debate, and your reasons for wanting to advance, but MPs who’ve given notice are likely
make a speech. to be called first.

STEP 3 STEP 6
Make sure you’re in the Chamber on the first day Once you’ve spoken, you should remain for at
of the Budget debate to hear the statement and least the next two speeches and return for the
the speech that follows from the Leader of the closing speeches.
Opposition.

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MPs’ Guide to Procedure

What happens in the


Chamber on Budget day
The Chancellor usually makes the Budget The debate on the Budget usually lasts four
days. The debate is adjourned at the moment
statement on a Wednesday after Prime of interruption on each day and starts again the
Minister’s questions and any urgent next day the House meets. The debate may cover
questions, oral statements or points of anything included in the Budget or the
order. There is no Ten-minute Rule Bill, as Budget resolutions.
there usually would be on a Wednesday. On the second day, the shadow Chancellor will
make the first speech. On following days, a
Traditionally, the Chairman of Ways and Means different Secretary of State will open the debate
(the principal Deputy Speaker) chairs the opening each day and speeches on that day will often relate
part of the Budget debate, rather than the Speaker. to the subject area covered by that Secretary of
The statement usually lasts around an hour and State. A Treasury minister will usually close the
you shouldn’t intervene on the Chancellor. debate on every day apart from the first day, when
there are no winding-up speeches. You can’t make
At the end of the statement, the Chancellor will
more than one speech in the Budget debate, even
usually move two motions:
on different days.
• a Provisional Collection of Taxes motion
to give immediate effect to some of the
proposals outlined in the statement (for
example, increases in duty on products such
as tobacco or alcohol), which the House is
asked to agree immediately, without debate;
the relevant proposals then usually come into
effect at 6pm on Budget day or overnight
• the motion for the first Budget
resolution; the debate on the Budget
takes place on this motion.
The Leader of the Opposition will speak next. You
shouldn’t intervene during this speech.

256
Taxation and Spending

Budget resolutions
and end of debate
BUDGET RESOLUTIONS END OF THE DEBATE
At the end of the final day of the Budget debate, At the end of the final day of the Budget debate,
the House is asked to agree the Budget resolutions. the Speaker will put the question on the first
These are also known as ways and means motion. If an amendment has been tabled to the
resolutions. The resolutions are specific proposals motion, and selected by the Speaker for the House
for taxation and allow the House to legislate for tax to decide on, the Speaker will put the question on
changes in the Finance Bill. the amendment first, then the motion. The House
may vote on the amendment and/or the main
Some resolutions have immediate legal effect,
motion (as amended if it’s been amended).
although this is only provisional. The Finance Bill
gives the changes permanent legal effect. The Speaker will then put the questions on each of
the remaining budget resolutions without allowing
AMENDING THE BUDGET RESOLUTIONS any further debate. Any may be voted on. The
You can only submit amendments to the first Speaker may put the question on some of the
Budget motion (which the Chancellor has moved resolutions together to save time (for example,
at the start of the Budget debate) not to the saying “The Question is, that resolutions 11-24 be
other Budget resolutions. An amendment must agreed to”), if it has been indicated that no vote is
relate to the subject matter of that motion. wanted on certain resolutions.
An Amendment of the Law motion, which has Following the agreement of the Budget
traditionally been the first Budget motion, has a resolutions, the Finance Bill will be introduced
relatively broad subject matter. Amendments may and given its first reading. This is the same
not increase any of the proposed taxes, extend as the first reading for other bills. It’s a purely
their application, or propose new taxes. You can formal stage, without debate. The bill’s title is
discuss your proposed amendment with the Public read out and a day is named for second reading.
Bill Office and submit it through the Table Office. The day named will often be “tomorrow”. This
is just a way of placing the bill on the list of
upcoming business. It doesn’t mean the second
reading will actually happen tomorrow.

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MPs’ Guide to Procedure

Finance Bill
The Finance Bill gives legal effect to the taxation The same rules that apply to amendments to other
proposals contained within the Budget resolutions bills apply to amendments to the Finance Bill. In
which are agreed after the Budget debate. It may addition, amendments must not go beyond the
also cover other matters relating to the scope of the Budget resolutions, or increase the
administration of the tax system. It can often be amount or extent of any tax proposed by the
lengthy, running into hundreds of clauses, and can Government, or propose new taxes.
be published in several volumes.
The House of Lords debates the Finance Bill but
The Finance Bill receives its first reading in the does not amend it.
House immediately after the Budget resolutions
have been agreed. It goes through the same stages
as any other bill, and you have a chance to take
part in debates on it. The only difference is that its Chancellor’s economic update
committee stage is usually split: some clauses are The Chancellor makes a statement to give an
considered in a Committee of the whole House, update on the state of the economy and progress
and the rest in a public bill committee. The public made since the Budget, and to respond to the
bill committee on the Finance Bill doesn’t take oral Office for Budget Responsibility’s forecasts for the
evidence, but it does receive written evidence. If economy.
you would like to be on the public bill committee,
you should speak to your whips. The statement is made immediately after oral
questions and any urgent questions, but before any
The moment of interruption (the point at which the other oral statements. You shouldn’t intervene
main business of the day must usually end) doesn’t during the statement, but you can ask questions
apply to debates on the Finance Bill. But the when it’s finished. If you want to do this, you
Finance Bill will often be subject to a programme should rise in your seat to try and catch the
order, meaning that proceedings after second Speaker’s eye.
reading are time-limited.
You can submit amendments to the Finance Bill in
the same way as for any other bill. Amendments
can be handed in at the table in front of the
Speaker in the Chamber immediately after second
reading, or otherwise in the Public Bill Office.

258
Taxation and Spending

Estimates
The Government must ask the The main steps in the estimates cycle are:
House of Commons for the public • Votes on account are published in
money they want to spend. The February and usually approved in March,
ahead of the financial year starting in
estimates cycle is the annual April. These enable the Government
process by which they do this. to obtain an advance on the money
Estimates are documents setting they need for the financial year.
out each department’s annual • Main estimates, sometimes referred
to as supply estimates, are usually
spending for approval. You can get published in April and approved in
copies on Parliament’s website or July. These set out each department’s
from the Vote Office. They are proposed annual spending.
approved on estimates days. • Supplementary estimates are presented
the following February and approved
in February or March. These enable
consideration and approval of any
increases in money required by departments.

Contact an expert
Clerk of Supply, Public Bill Office
Extension: 3261
Email: PBOHoC@parliament.uk

259
MPs’ Guide to Procedure

How to
speak in an
estimates day debate
Step-by-step:
These steps are for you as an MP, rather than your
staff, although your staff can help you with step 1.

STEP 1
Find out which topics are being debated on the
STEP 4
estimates day(s). You can check by looking at the When a speech finishes, stand in your place to
Future Business section of the Order Paper the indicate that you would like to speak.
week before.

STEP 5
STEP 2
Once you’ve spoken, you should remain for at
Write to the Speaker’s Office in advance least the next two speeches and return for the
explaining which day you would like to speak in closing speeches.
the debate, and your reasons for wanting to
make a speech.

STEP 3
On the day that you have asked to make your
speech, make sure you are in the Chamber to
hear the opening speeches.

260
Taxation and Spending

Estimates days sent the estimates of their department.


Select committees hold public evidence
Estimates days are a chance for you to sessions during which ministers, civil
debate and agree the Government’s servants and accounting officers answer
spending plans. Usually, three days are set questions about the estimates and
aside each session for this purpose. departmental spending.
Two estimates days take place in the summer to
Departments send an explanatory memorandum on
consider the main estimates and one takes place in
their estimate to the relevant departmental select
the spring (normally early March) for the
committee. These are published on the select
supplementary estimates. If you want to speak in
committee’s website, along with any accompanying
an estimates day debate, you should write to the
correspondence or information. The Scrutiny Unit in
Speaker’s Office in advance.
the House of Commons Committee Office provides
Each day usually features debates on two different analyses of departments’ estimates to aid select
subjects. You can submit a bid to the Backbench committees and other MPs. These are published on
Business Committee for a debate on a subject the Scrutiny Unit section of Parliament’s website.
related to a department’s spending. The Backbench
Business Committee then proposes the subjects to
the Liaison Committee, which formally
recommends them to the House. The subjects will What happens in the
be announced in Business questions and appear in Chamber on estimates days
the Future Business section of the Order Paper,
along with motions to approve the estimate of the At the start of the debate, the motion on
relevant department.
the first estimate selected for debate will
An estimate selected for debate can be amended be moved formally. One of the MPs who
but you can only propose a reduction to the
submitted the bid for the debate to the
estimate. Amendments to increase spending are
not allowed. You can submit amendments through Backbench Business Committee will make
the Table Office. the opening speech. The minister will
The estimates not selected for debate can’t usually speak at the end of the
be amended. debate and the MP who moved the
Once the estimates have been agreed, they’re put motion might get time to speak again
into legislative form through a Supply and briefly after the minister.
Appropriation Bill.
Once the debate on the first estimate has finished,
the same pattern is followed for the debate on the
second estimate.
Select committee scrutiny Decisions on all the estimates – including the ones
of estimates that have been selected for debate – take place at
the moment of interruption (the point at which the
In addition to estimates days, scrutiny of main business must usually end).
estimates can be undertaken by In the case of the supplementary estimates, when
departmental select committees, which get there is one day of debate, decisions take place at

261
MPs’ Guide to Procedure

the moment of interruption on that day. In the case Supplementary estimates


of the main estimates, when there are two days of
debate, decisions take place at the moment of Supplementary estimates set out proposals
interruption on the second day. for amending the departmental spending
At the end of an estimates day – or if there are two the House has previously authorised via the
estimates days, at the end of the second day – the main estimates. They are used if
Speaker will put separate questions on the
departments need to spend more (or
estimates which the House has debated, along with
any selected amendments to them. significantly less) money during the
financial year than the House has agreed
Once these estimates have been agreed, the
Speaker will then put the rest of the outstanding they can – for example, because they have
estimates for approval formally, even though the taken on new functions.
House has not debated these. This is known as a
roll-up motion. You can’t vote for or against Supplementary estimates are normally presented in
individual estimates in the roll-up motion – only for February each year and approved in March, before
or against the whole package. the main estimates for the following year are
published. Not every department will publish a
supplementary estimate, as not every department
will require additional funds.
Main estimates You have the opportunity to debate the
The main estimates are documents setting supplementary estimates on an estimates day.
out the proposed maximum spending of
each Government department for a
particular financial year, starting on 1 April. Votes on account
They are sometimes known as the supply Votes on account are a way for the
estimates. The House of Commons must Government to obtain an advance on the
approve this expenditure. money they need for the next financial
The main estimates are usually published in April year.
and approved in July.
Although the main estimates are published in April,
Each ministerial and non-ministerial department has the House does not usually vote to authorise them
a separate estimate, although they are published as until July. To ensure the Government has enough
a single volume. Separate estimates are also money to spend before the main estimates are
presented for the House of Commons agreed, votes on account are presented in the
Administration, the National Audit Office, the previous session, usually alongside the
Electoral Commission, the Independent supplementary estimates, to authorise this
Parliamentary Standards Authority and the Local spending.
Government Boundary Commission for England.
The votes on account normally cover around 45%
You have the opportunity to debate the main of the previous year’s total estimates. This is usually
estimates on two estimates days each session. sufficient to cover departmental expenditure until
the Supply and Appropriation (Main Estimates) Bill
is passed and the remaining 55% is agreed through
the main estimates.
262
Taxation and Spending

Excess votes Supply and Appropriation


Excess votes give retrospective Bills
authorisation for unauthorised Supply and Appropriation Bills give
departmental spending in the previous authority for the Government to use the
financial year. expenditure requested in the estimates and
The National Audit Office’s Comptroller and Auditor to be issued with money from the
General scrutinises all departmental resource Consolidated Fund (the Government’s
accounts annually. If a department exceeds the
bank account). In addition, they also place
spending limits authorised by the House, the
Comptroller and Auditor General makes a report to limits on the purpose for which the money
the Public Accounts Committee. The committee may be spent by setting out the services
examines the reason for the excess expenditure, particular budgets are to be used for.
and report its opinion to the House.
A Supply and Appropriation Bill includes a schedule
The Treasury then presents a statement of excess
containing the substantive content of the estimates
(usually alongside any supplementary estimates)
that have been approved by the House.
which seeks the House’s approval for the excess
spending. If the Public Accounts Committee reports There are two of these bills each year: one for the
that it sees no objection to the excess being supply estimates and votes on account and one for
authorised, the question is put to the House the main estimates.
without debate.
A Supply and Appropriation Bill will normally
receive its first reading immediately after the
estimates motions have been agreed on an
Ministry of Defence Votes A estimates day. As with other bills, first reading is
purely formal and doesn’t involve debate. Second
Each February, the Ministry of Defence reading then takes place the following day but the
presents Defence Votes A, which set out question on second reading is also put formally,
without debate. The bill doesn’t have a committee
the maximum number of service men and stage, but instead proceeds straight to third
women in the navy, army and air force. reading, which again takes place formally,
This is separate from the Ministry of without debate.
Defence’s main estimate, which covers The House of Lords, which has no role in the
the departmental spending. estimates process, passes Supply and Appropriation
Bills without debate.
Defence Votes A are approved by the House,
usually in February or March, and are then You can see an example of a Supply and
incorporated into the summer Supply and Appropriation Bill here: https://www.legislation.gov.
Appropriation Bill. uk/ukpga/2022/39/contents/enacted.

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MPs’ Guide to Procedure

Quick
Guide
Parliamentary privilege refers It’s important to remember that
to the unique rights and only matters directly connected
powers that belong to with formal activities of the House
Parliament, and its Members, or of Committees the House itself
and that enable it to fulfil its appoints are proceedings. This
role. It is important that in its means that the protections of
core role each House regulates privilege don’t apply to some
its own proceedings, and the things you might expect to be
courts respect that sovereignty. covered.
It is also important that
Privilege does not apply to:
Members respect the role and
independence of the courts. • correspondence with
constituents or ministers
The main aspect of privilege that is
relevant to your everyday work as • tweets or social media posts
an MP is freedom of speech.
• party meetings
Although privilege is not based on
statute, this freedom of speech • Reports and activities of
and power of self regulation is set all-party parliamentary groups,
out in statute in Article IX of the
• statements made to the media,
Bill of Rights 1689, which states
whether on or off the
that “the freedom of speech and
parliamentary estate
debates or proceedings in
Parliament ought not to be The courts ultimately decide the
impeached or questioned in any boundaries of “proceedings”.
court or place outside Parliament.”
MPs have no immunity from the
The House has power to regulate criminal law, although they can’t
the behaviour of its Members and be compelled to give evidence in
has agreed a Code of Conduct for court proceedings if they do not
MPs. The Code requires MPs to wish to do so.
observe the seven principles of
The way privilege applies can be
public life and also the
complex and if you need advice,
parliamentary Behaviour Code,
or have questions about a
which calls for respect,
particular case, you can contact
professionalism, understanding of
the Clerk of the Journals.
others’ perspectives, courtesy and
acceptance of responsibility.
MPs are protected by privilege
only when they are engaged in
proceedings in Parliament, and
have no special protection for
anything they do outside
those proceedings.
11
PRIVILEGE AND
INTERESTS
CONTACT AN EXPERT
Privilege: Clerk of the Journals x3315
Code of conduct: Parliamentary Commissioner for Standards
x3738 standardscommissioner@parliament.uk
Interests: Registrar of Members’ Financial Interests
x3277 commonsregistrar@parliament.uk
MPs’ Guide to Procedure

Freedom of speech Breach of privilege


You can’t be sued (for example, for or contempt
defamation) or prosecuted for anything The House has the power to punish
you say in the Chamber, Westminster Hall breaches of its privilege or contempts.
or a formal committee of the House. This
allows you to speak up on behalf of There’s no simple definition of what constitutes a
breach of privilege or a contempt. Very broadly
constituents, express an opinion, or speaking, a breach of privilege is an attempt to
condemn corruption, malpractice or even interfere with one of the unique rights and powers
criminal activity without fear of legal that belong to Parliament and a contempt is a bit
action, as long as you do so in proceedings like a contempt of court. All breaches of privilege
are contempts, but not all contempts are breaches
of the House. This protection extends to of privilege.
written proceedings: for example, written
An example of something that could be a breach of
and oral questions, motions, early day privilege is the leaking of a draft report from a
motions, and amendments tabled to bills select committee. An example of something that
and motions. could be a contempt is refusing to appear before a
select committee.
Anyone giving evidence to a committee of the
House also has this protection, which is a safeguard The House itself decides on breaches of privilege
for witnesses and also ensures that select and contempts on a case-by-case basis, usually
committees are not obstructed in their inquiries by after an investigation and report from the
threats of legal action, or any other kind of threat Committee of Privileges, a cross-party select
against witnesses. committee of MPs that considers matters relating
to privilege referred to it by the House.
A similar protection applies to any document
published by order of the House, or under its
authority. This includes Hansard, select committee
reports and written evidence, certain reports made
under statutory authority and reports published in
reply to a ‘motion for an unopposed return’.
The protection for published documents is provided
by the Parliamentary Papers Act 1840.
Privilege is intended to mean people can speak
freely within the House. It doesn’t necessarily apply
to the repetition outside Parliament of things said in
proceedings. It is unlikely to apply if you circulate a
single speech from Hansard, or if you tweet part of
a committee session.

266
Privilege and Interests

Raising a matter of privilege Relationship with the courts


If you wish to complain about a breach of Because the courts are independent, the
privilege or a contempt, you should write House has agreed that, subject to the
to the Speaker. The Speaker will reply discretion of the Speaker, Members should
saying whether the matter will be treated not refer to matters which are before the
as a matter of privilege. Both your letter UK courts (including inquests).
and the reply should be kept private. If the In addition, MPs should not write to a judge in
Speaker decides to treat it as a matter of terms that might appear to be using their status as
privilege, this will be announced to the an MP to attempt to interfere with the process of
House, together with the time when the justice or with judicial independence. They can give
character references if they know the person
matter will be considered. It will have concerned and are asked to do so but as a general
priority over any other business scheduled rule they should not write to a judge about an
for debate at that time. individual case. This applies to any judge, not just
the judge hearing the case in question.
You can then table a motion, through the Table
Office, which will appear on the Order Paper for
the next day, before the other main business the
House is considering. Such motions normally refer
the matter to the Committee of Privileges for
investigation. The Committee will report back
and recommend what, if any action, the House
should take.
In a select committee report, or draft report has
been leaked, the select committee carries out its
own investigation to try to establish the source of
the leak. The committee decides whether the leak
constitutes a substantial interference and if it does,
informs the Liaison Committee (made up of the
chairs of all select committees). Taking into account
the views of the Liaison Committee, the select
committee makes a special report to the House and
the matter is then automatically referred to the
Committee of Privileges.

267
MPs’ Guide to Procedure

Code of Conduct and The Parliamentary Commissioner for Standards may


not investigate complaints about:
Parliamentary Commissioner • policy matters
for Standards • an MP’s views or opinions
The Code of Conduct sets out the • an MP’s handling of or decision about
a case, including their handling of
standards of behaviour and rules of correspondence, whether or not anyone
conduct that apply to MPs in all aspects of involved is a constituent of the MP – unless
their public life. It doesn’t regulate what the MP’s conduct significantly damages
the reputation of the House as a whole
MPs do in their purely private and personal or of its Members more generally.
lives. MPs who are ministers must also
The Parliamentary Commissioner for Standards also
adhere to the Ministerial Code. considers reports of investigations into alleged
The Guide to the Rules relating to the Conduct of bullying, harassment or sexual harassment by
Members is published in the same document as the MPs, under the Independent Complaints and
Code of Conduct and provides detailed guidance Grievance Scheme. The Commissioner may resolve
on your obligations, including the requirements to these informally, using a range of remedies, or in
disclose financial and other interests and to avoid more serious cases submit a report to the
paid lobbying. Independent Expert Panel for them to determine
sanction. The Commissioner’s decision to uphold a
If you need advice on the Code of Conduct or the complaint or not can be appealed to the
Guide to the Rules, you can contact the office of Independent Expert Panel.
the Parliamentary Commissioner for Standards.
The Parliamentary Commissioner for Standards is
responsible for investigating breaches of the Code
of Conduct, and considers complaints about MPs
Registering and
– whether from other MPs or the public. If the declaring interests
Commissioner finds a relatively minor breach of the
rules and the MP agrees to apologise and take any You must:
action necessary to put matters right, the • register certain interests in the Register
Commissioner may “rectify” the complaint and of Members’ Financial Interests
publish the outcome. If the Commissioner finds a
• declare registered and non-registered interests
more serious breach of the rules or identifies an whenever they are relevant in a wide range
issue of wider concern, that advice is reported to of circumstances, including in parliamentary
the Committee on Standards – a cross-party select proceedings such as debates and committee
committee of MPs that also includes lay members. meetings, meetings with ministers, public
The Committee on Standards then decides if the officials and other MPs, and in correspondence.
rules have been breached and recommends to the
The rules on these duties are strict and it
House what action, if any, should be taken. If the
is essential that you have a copy of the
Committee on Standards finds that an MP has
most up-to-date versions of both the Code
breached the Code, the MP can appeal their
of Conduct and the Guide to the Rules
decision, and/or any recommended sanction, to the
Relating to the Conduct of Members.
Independent Expert Panel.
The Register is overseen by the Parliamentary
Commissioner for Standards and run by the

268
Privilege and Interests

Registrar of Members’ Financial Interests. You can asking an oral question or a supplementary
contact the Registrar for advice on registering and question in the Chamber, or when it would unduly
declaring interests. If you seek and follow the advice delay the business of the House.
of the Registrar on a specific course of action you
can’t later be found in breach of the rules. MPS’ STAFF INTERESTS
MPs’ staff who hold a parliamentary pass
REGISTERING INTERESTS sponsored by an MP are required to register outside
The office of the Parliamentary Commissioner for employment and gifts, benefits and hospitality,
Standards, who oversees the Register of Members’ subject to financial thresholds, in
Financial Interests, sends all new MPs a registration the Register of Members’ Secretaries and
form and a copy of the current rules of the House, Research Assistants.
and also arranges a personal briefing.
You must complete and return the form within one
month of your election. After your initial register Paid lobbying
entry, you must notify the registry within four
weeks of any changes to your registrable interests, Paid lobbying is prohibited. An MP who
subject to the financial thresholds. has received a benefit such as hospitality, a
gift or payment must not engage or take
DECLARING INTERESTS
part in any parliamentary proceeding, or
Declaring interests is different to registering
interests. Declaration means drawing attention to any approach to a minister, other MP or
registered or unregistered interests on almost any public official which would provide (or
occasion when someone else might consider them seeks to provide) a financial or material
to influence what you say or do.
benefit for the person or organisation
You are required to declare your interests, which provided them with that hospitality,
if relevant, from the time of your election, even
gift or payment. The rule applies also if the
before you’ve submitted an entry in the Register
of Members’ Financial Interests. You are expected hospitality, gift or payment was received by
to declare a wide range of interests. They include the MP’s partner or relative.
not just registered interests but:
Further details are provided in the Guide to
• the interests of partners and family members the Rules, and advice is available from the
• past interests up to one year old Registrar of Members’ Financial Interests or the
• expected future interests Parliamentary Commissioner for Standards.

You must declare interests not just when speaking


but, for example, when submitting questions and
early day motions, when requesting adjournment
debates or emergency debates, when joining a
select committee and when adding names to early
day motions and other motions. In these
circumstances an [R] will be included against your
name when it appears on the Order Paper. But
you’re not expected to declare an interest when

269
MPs’ Guide to Procedure

Quick
Guide
The House of All parliamentary and some
non-parliamentary documents for
Commons publishes a the current session are available
number of documents from the Vote Office. Older
documents will be printed on
every day the House request. The Vote Office can also
meets to help you in provide you with parliamentary
publications specific to your areas
your work. of interest.
Among the most useful are: In addition to reading reports of
• Order Paper: the day’s debates and committees, you can
agenda and future business watch video and audio footage on
parliamentlive.tv. You can watch
• Hansard: the record of
what’s said in the Chamber, live or there’s an archive going
Westminster Hall and back to 2007. There’s information
committees (also known about how to share and
as the Official Report). download clips on the site.

The daily business papers As well as documents related to


(sometimes known as the vote the business in the House, there
bundle) also include: are publications that are sources
for the rules and conventions in
• Votes and Proceedings: a the House:
record of the decisions made
each day in the Chamber • Standing orders: rules agreed
and of documents, including by the House about how
statutory instruments, formally business in the Chamber and
laid before Parliament Committees is conducted
• a list of questions tabled on • Erskine May: the authoritative
the previous sitting day book on the law and practices
of both Houses of Parliament.
• a list of Private business for
that day and future days
• a list of early day
motions tabled on the
previous sitting day
• amendment papers for
Committee of the whole
House, report stage or
Lords amendments.
This material, along with bill
documents and European
documents, is available on
Parliament’s website, via the
HousePapers app, or in hard
copy from the Vote Office.
12
272 Order Paper
274 Hansard
277 Laid Papers
278 Standing Orders
279 Erskine May

PUBLICATIONS
AND RECORDS
CONTACT AN EXPERT

Vote Office: x3631 vote_office@parliament.uk


MPs’ Guide to Procedure

Order Paper
The Order Paper is the agenda for the The Order Paper also contains a list of
day in the House of Commons. It’s the committees meeting that day and
available on Parliament’s website, the where they’re taking place, and any
written statements or select committee
HousePapers App and in hard copy reports that are being published.
from the Vote Office. If you need
advice on something in the Order The Announcements section of the Order Paper
Paper, you can ask the Table Office. sets out deadlines for applications for
adjournment and Westminster Hall debates,
The front page of the Order Paper is a summary business decided by the Backbench Business
of the day’s business in the Chamber and Committee, and guidance on dates for
Westminster Hall. Not everything that happens submitting written and oral questions, early day
in the Chamber appears on the Order Paper motions and amendments to Bills around
because some items of business – such as urgent recesses, as well as information on elections of
questions, oral statements and emergency Select Committee chairs.
debates – can happen at short notice.
The Future Business section of the Order Paper
Inside, there is more detail about each of the has two parts:
items on the front page – for example, a list of all • items that have been announced for specific
the oral questions for Question Time and copies future dates (known as Future Business A)
of any motions the House is considering. There’s • items not yet scheduled for a specific
information about how long these items of date (known as Future Business B or
business can last and whether they will be the Remaining Orders) – the printed
decided with or without a debate. You’ll often version of this only contains any new
see a reference to a standing order number next items that have been added.
to an item. This is the rule that governs how that
particular item of business operates. You can use Contact an expert
the number to look up the rule in a copy of the Table Office
standing orders. Email: tableoffice@parliament.uk
Extension: x3302

272
Publications and Records

Changes and additions


to Order Paper
The Table Office puts together the Order
Paper each day in time for the next
meeting of the House. The deadline for
any changes to the Order Paper (for
example, amendments to motions or
items for Remaining Orders) is the rise of
the House on the previous sitting day.
When Westminster Hall sits later than the
main Chamber, the deadline is the finish
of Westminster Hall.
If there’s a recess approaching, any changes to the
Order Paper for the first day back must be made by
the time the House finishes sitting on the last day
before recess.

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MPs’ Guide to Procedure

Hansard
Hansard is the record of what you To check a Westminster Hall speech, call the
and other MPs say in the Chamber, Westminster Hall Sub-Editors. They can also
arrange for the speech to be emailed to you.
Westminster Hall and committees.
It’s also known as the Official To check a speech from a public bill, delegated
legislation or European committee, you should
Report. It’s a substantially verbatim make arrangements, before or after the
report, which means it’s edited, meeting, with the member of the Hansard team
consistent with a house style, to in the room, who sits at the end of the platform
remove repetitions and to the Chair’s left. Or you can call the
Committees Managing Editor.
redundancies, and to correct obvious
mistakes, while leaving out nothing
that adds to the meaning of the Contact an expert
speech or illustrates the argument. Hansard
Chamber Managing Editors
The House of Lords has its own Extension: x2350
Hansard.
Westminster Hall Sub-Editors
After speaking, you’ll be asked for your notes Extension: x5522
and may also receive queries about names,
Committees Managing Editor
figures or quotations, via the doorkeepers.
Extension: x5762
Prompt responses assist greatly in the timely
production of reports.
To check a speech in the Chamber, go to the
Managing Editors room in the Palace between
1½ and 2½ hours after you’ve spoken, or up to
one hour after the House finishes if this is earlier.
Your speech can also be emailed to you to
check. You can phone the Chamber Managing
Editors to arrange this.

274
Publications and Records

Publication of Hansard Making a correction


After you have made your speech in the to Hansard
Chamber, the report of it will be published After making a speech, you may realise
on Hansard’s website within three hours, or that you inadvertently included some
four hours in the case of Westminster Hall. incorrect content, and you wish to correct
It will be published in hard copy the following the record giving the accurate information.
morning in what’s known as the daily part. This can only be done to correct an error. It
The daily part is available from the Vote Office.
cannot be done to provide new
Separate daily parts are produced for debates in information or to continue an argument.
general committees, including public bill, delegated
legislation, European and grand committees. The You can make a correction in one of two ways1:
reports of these debates are also available on
1. By making a point of order in the Chamber,
Hansard’s website.
which Hansard will then cross-reference with
your original speech. If you wish to do this,
please use something similar to the following
Layout of Hansard form of words so that your correction can be
clearly made:
A typical edition of Hansard for a sitting of the
House includes the following: On a point of order. I wanted to come to the
House to correct something I said on [date]
• all proceedings in the Chamber recorded in column [number] of Hansard that
(numbered columns)
was factually inaccurate. I said that [insert
• all proceedings in Westminster Hall inaccurate information]. I have since learnt that
(WH columns) this is not accurate and that [insert correct
• paper petitions presented informally and any information].
ministerial observations on petitions (P columns) 2. By contacting Hansard and asking to submit a
• written statements (WS columns) written correction. To do this contact the Hansard
• ministerial corrections (MC columns) Managing Editors at hansardmes@parliament.uk.
The correction should be similar to the following
form of words:
I have identified an error in my speech/question
on
[date]
[column number of Hansard]
I said: [insert inaccurate information].
The correct information should have been:
[insert correct information].

1. This process will come into effect in January 2024.

275
MPs’ Guide to Procedure

If your written correction is being used to provide Annunciator system


new information or to continue an argument,
then it is not a valid correction and will not be Hansard operates the annunciator system,
treated as such. which is shown on monitors around the
Example: A Member says that their local council parliamentary estate.
had ringfenced a budget of £60,000 for some
repair works. In fact, the figure was £50,000. The system provides constantly updated information
They could correct the record with the accurate on what’s happening in the Chamber: the subject of
figure. debate, the stage of a bill’s progress, the MP
speaking, their constituency, and the time they
A correction could not be made to provide began speaking. The screen shows “Division” and
updated figures (i.e., the figure used in the a green flashing bell when a vote is taking place.
speech was correct at the time but had since A scroll bar at the bottom of the screen provides
changed), additional figures (i.e., to say the information on, for example, oral statements, urgent
council had also ringfenced £100,000 for flood questions and the grouping of questions.
prevention) or to add further arguments about
those figures (i.e., to add that this funding was
not sufficient).

276
Publications and Records

Laid Papers
Certain papers are formally Laying a paper in the House of Commons
presented to Parliament. This involves sending an electronic copy of it to the
Journal Office.
process is called laying a paper.
Laid papers include: The purpose of laying a paper is to make the
information in the document available to the
• Command papers: these are papers House and to MPs. You can request a digital
published by the Government which copy of a paper from the Journal Office as soon
it considers to be of interest to as it’s laid. Copies of papers should also be
Parliament. They include statements
available in the Vote Office shortly after they’re
of Government policy and proposals
for new policies or new legislation, laid. Putting a paper in the House of Commons
and annual reports of departments. Library isn’t the same as laying it.

• Act papers: some papers are required by law Most papers are laid before both the House of
to be laid before Parliament. They include Commons and the House of Lords. In the
reports and accounts of some statutory Commons, laid papers are listed in the Votes
bodies, such as executive agencies. and Proceedings. In the Lords, they are listed in
• Statutory instruments: certain the House of Lords Business Paper.
statutory instruments are required by Contact an expert
law to be laid before Parliament. Journal Office
• Papers called for by return: each House has Email: journaloffice@parliament.uk
the power to call for papers using a motion Extension: x3310
for a return. Papers from departments
headed by a Secretary of State are called
for by means of a humble address to the
King. Other papers are called for by an order
of the House. This power is delegated to
select committees, enabling them to send
for papers. Sometimes the Government
uses a motion for an unopposed return to
publish a paper to which they want to give
the protection of parliamentary privilege.

277
MPs’ Guide to Procedure

Standing Orders
Standing orders are rules agreed Standing orders can be set aside if the House
by the House that govern the way agrees a motion to do this. The motion will
usually state: “Notwithstanding the provisions
its business operates in the Chamber
of Standing Order No. […]” Such motions can
and committees. Each rule has a be debated and voted on. The House can also
number and is sometimes divided agree new standing orders.
up into paragraphs, which are There are separate standing orders for private
also numbered. Standing orders business. The House of Lords has its own
are available on Parliament’s standing orders.
website and in hard copy Contact an expert
from the Vote Office. Journal Office
Email: journaloffice@parliament.uk
They are ‘standing’ in the sense that they don’t Extension: x3315
lapse at the end of each session of Parliament.
Standing orders are not a complete guide to
procedure in the House of Commons, because
much of the business is determined by custom,
precedent, resolutions of the House and
Speaker’s rulings.

278
Publications and Records

Erskine May
Erskine May is the authoritative The latest edition of Erskine May, published in
book on parliamentary law and 2019, is publicly available on Parliament’s
website and will be updated periodically. You
practice. It’s a description of how can also buy a hard copy or borrow one from
procedure in the House of Commons the House of Commons Library.
and House of Lords has evolved and
Its full title is A treatise on the law, privileges,
the conventions that apply, rather proceedings and usage of Parliament but it’s
than a set of rules. referred to as Erskine May after its original
author Thomas Erskine May.
Contact an expert
Journal Office
Email: journaloffice@parliament.uk
Extension: x3315

279
MPs’ Guide to Procedure

Acknowledgements

Tony Minichiello, Martyn Atkins, Kathy Barker, Nick Batteley, Ian Bradshaw,
Clementine Brown, Jenny Burch, Rob Cope, Olivia Cormack, James Davies, Jack Dent,
Joanna Dodd, Mark Etherton, Julie Evans, Adam Evans, Mike Everett, Edward
Faulkner, John-Paul Flaherty, Caitriona Fleming, Chloe Freeman, Catherine Fogarty,
Kenneth Fox, Anne-Marie Griffiths, Matthew Hamlyn, Bethan Harding, Sarah Heath,
Sara Howe, Robin James, Rebecca Jezzard, Richard Kelly, Shazayada Khanum, Sean
Kinsey, Alias Khan, Libby Kurien, Leoni Kurt, Liam Laurence Smyth, Clare Leach, Colin
Lee, Joanna Lipkowska, David Lloyd, Vanessa Makhecha, Kevin Maddison, Lauren
Marchant, Margaret McKinnon, Tom McVeagh, Catherine Meredith, Luanne
Middleton, Lee Morrow, William Preston, Sarah Rees, Eve Samson, Abi Samuels, David
Slater, Ben Sneddon, Anya Somerville, Hannah Stewart, Hannah Stone, Katy Stout,
Emily Unell, Joanna Welham, Jonathan Whiffing, George Wilson, Mike Winter,
Heather Wood, Helen Wood, Huw Yardley, Wafia Zia.

MPs and MPs’ staff who provided feedback on the Guide.

280
Index

A B
Address, humble (for papers), 45, 277 Backbench Business Committee,
Adjournment (half hour debate debates in Chamber and Westminster Hall, 53–5
at end of sitting day), 8-9, 46–8, 52
estimates, debates on, 261
Adjournment (of a debate), 36
petitions, debates on, 129
Adjournment (recess), 6, 10
select committee statements, 97, 243
Affirmative procedure (delegated legislation), 215–6
Ballot,
Aids and supplies, bills of, 252
adjournment debates, for, 46, 47
Allocation of time motions, 137
oral questions, for (the ‘shuffle’), 72, 79
Amendments,
Private Members’ Bills, for, 169–72
bills, 150–67
Westminster Hall debates, for, 50
Early Day Motions, 111–3
Behaviour Code, 264, 268
general debate motions, 38
Bills, hybrid, 206–9
Lords amendments to bills, 188–97
Bills, private, 198–205
manuscript, 42, 158
carry-over, 200
Opposition day debates, 43–5
Chairman of Ways and Means, 200, 202
public bill committees, in, 140–2
Court of Referees, 205
reasoned amendments
opposed bill committees, 201
to bills, 136, 145, 151, 165–7
petitions against, 199–201, 204–5
scope, 161
stages, 200
select committee reports, 242
Standing Orders Committee, 204
‘starred’, 158
unopposed bill committees, 202
substantive motions, 39–42
Bills, public, 130–97
Annulling a statutory instrument, 212–4, 221–2
amendments to, 150–67
Annunciators, 276
carry-over, 146
Answers to written questions, 63, 66
committee stage, 139–43
Audio recordings of debates and committees, 270
consideration stage, 144
documents relating to, 149

281
MPs’ Guide to Procedure

draft bills, 134 future business, 6, 272


end of session, effect of, 146, 187 Government business has priority, 6
explanatory notes, 149 Order Paper, 272–3
Finance Bill, 139, 252, 254, 257–8 typical day in the Chamber, 9, 33–4
first reading, 9, 135 Business of the House motions, 33, 41
House of Lords, in, 190 Business papers, 270–7
King’s Consent, 145, 183 Business questions, 6, 80–1
Lords amendments, 188–97
Money bills, 197, 252
C
money resolutions, 138, 158, 187, 252
‘Carded’ questions, 89
numbering, 149
Carry-over of bills, 146
Parliament Acts, use of, 189, 196, 252
hybrid bills, 208
parts of a bill, 148
private bills, 200
ping-pong, 189, 194
Chairman of Ways and Means,
presentation, 9, 135
ballot for Private Members’ Bills, 170
Private Members’ Bills, 168–87
Budget statement, chairs, 256
reasoned amendments, 136, 145, 151, 165–7
committee of the whole House, in, 158
report stage, 144
election of, 18
Royal Assent, 146
private business, 200, 202
Salisbury Convention, 197
Chairs of select committees, 230–2
second reading, 136
Chamber,
stages, 132–47
meeting times, 8
Supply and Appropriation Bills, 252, 261, 263
reserving a seat, 9
Ten Minute Rule Bills, 173–8
typical day in, 9, 33–4
third reading, 145
video and audio footage, 270
timetabling and programming, 137
voting, 26–31
ways and means resolutions, 138, 187, 252, 257
Closure motions, 33, 34–5
Budget, 252–8
Code of Conduct, 101, 264, 268
Business,
Commissioner for Standards, 268–9
announced by the Leader of the House, 6, 80
Committee of the whole House, 139, 143, 158
exempted business at moment of interruption,33
closure motions in, 35

282
Index

Committees, bills, on, 136, 139–45, 162–4, 184–5


delegated legislation Budget, on, 254–7
committees, 215, 216, 220–1
closure motions, 33, 34–5
European committees, 246, 250
delegated legislation, on, 222
European Scrutiny Committee, 248–50
dilatory motions
grand committees, 59, 136 (motion to adjourn the debate), 36
hybrid bills, on, 208–9 emergency (SO No. 24) debate, 56–8
joint committees, 134, 235 ending a debate, 32–7
Liaison Committee, 238, 240, 243, 261, 267 estimates, on, 260–2
opposed bill committees, 201 general (i.e. on a neutral motion) debates, 38
Petitions Committee, 125–9 grouping of amendments, 158, 162–4, 192–4
Privileges, Committee of, 266, 267 interests, declaring, 269
Reasons Committee, 195 interventions, 24
second reading committees, 136 King’s Speech, on, 12–13
select committees, 226–45 Lords amendments, on, 192–4
Selection, Committee of, 140, 186, 220, 228 moment of interruption, at, 33–4
Standards, Committee on, 268 Opposition day debates, 43–5
Standing Orders Committee, 204, 208 petitions, on, 127–9
unopposed bill committees, 202 points of order, 24
video and audio footage, 270 ‘previous question’, 37
CommonsVotes app, 26 Private Members’ Bills, on, 184–5
Consideration stage of bills, 144 programme motions for bills, on, 137
Contempt of Parliament, 266 select committee reports, on, 243
Court of Referees, 205 sitting in private, 37, 185
Courts, reference to matters before, 25, 87, 267 speaking in, 22–5
speaking twice in same debate, 25
sub judice issues, 25, 267
D
substantive motions, on, 39–42
Debates, 20–59
time limits on speeches, 24
adjournment debates, 8–9, 46–8, 52
video and audio footage, 270
amendments, on, 42, 158, 162–4
Westminster Hall, in, 49–52, 243
Backbench Business Committee debates, 53–5

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MPs’ Guide to Procedure

Deferred divisions, 31 E
Delegated legislation, 130, 210–25 Early Day Motions (EDMs), 102–15
affirmative procedure, 215–6 amending an EDM, 111–3
Chamber debates, 222 delegated legislation, and, 115, 212–4, 221, 222
delegated legislation interests,
committees, 215, 216, 220–1 declaring, 105, 106, 110, 112, 213, 269
motions (‘prayers’) objecting lapse at end of session, 108
to statutory instruments, 115, 212–4, 221, 222
motions (‘prayers’) objecting
negative procedure, 212–4 to a statutory instrument, 115, 212–4, 221, 222
numbering of statutory instruments, 225 submitting an EDM, 104–8
select committees on (e.g. JCSI), 223–4 supporting an EDM, 109–10
super-affirmative procedure, 217–9 withdrawing an EDM, 108
tracking progress of, 225 Elections for positions in the House,
Deputy Speakers, election of, 18 Deputy Speakers, 18
Dilatory motions (motions to adjourn a debate), 36 select committee chairs, 230–2
Dissolution, 19 Speaker, 17
Divisions, 26–31 Emergency (SO No. 24) debates, 56–8
closure motions, on, 34–5 E–petitions, 125–6
deferred divisions, 31 Erskine May, 279
fewer than forty Members voting, 37 Estimates (Government spending), 252, 259–63
mistakes, 30 amendments to, 261
moment of interruption, at, 33 debates on, 260–2
pairing and nodding through, 30 select committee scrutiny of, 261
points of order during, 30 European scrutiny, 246–51
proxy voting, 31 European committees, 246, 250
vote follows voice, 30 European Scrutiny Committee, 248–50
Westminster Hall, in, 51 European Statutory Instruments Committee, 224
Double insistence (bills), 193, 194 Excess votes (Government spending), 263
Exempted business (at moment of interruption), 33

284
Index

F I
Finance Bill, 139, 252, 254, 257–58 Independent Complaints and Grievance
Scheme (ICGS), 268
Financial initiative (of the Crown), 252
Independent Expert Panel (IEP), 268
Financial privilege (of the Commons), 195, 252
Interests, registering and declaring, 268–9
Financial procedure, 252–63
adjournment debates, applying for, 52
First day after recess, sitting times, 8
Early Day Motions,
First reading of a bill, 9, 135
tabling, 105, 106, 110, 112, 213
Freedom of Information, 237
Members’ staff and families, 269
Freedom of speech, 264, 266
oral questions, tabling, 69, 71, 72, 77, 78
Friday sittings, 172, 184–5
petitions, presenting, 120, 121
motions to sit in private, 37
select committees, in, 234
Future business, 80, 272
urgent questions, applying for, 83
written questions, tabling, 63, 65
G Interventions (in a debate), 24
General debates, 38 adjournment debates, 48
General elections, 19 maiden speech, before having made, 13
Grand committees, 59, 136 maiden speech, during, 16
Guide to the rules relating ministerial statements, 95, 256, 258
to the conduct of Members, 268–9
personal statements, 24, 101
‘Guillotine’ motions for bills, 137
Ten Minute Rule Bill speeches, 175, 177
time limits on speeches, effect on, 24
H
Handout bills, 172
J
Hansard, 274–6
Joint committees, 235
corrections to speeches, 275–6
pre-legislative scrutiny of bills, 134
division lists, 26
Joint Committee on Human Rights, 183, 219
privilege, 266
Joint Committee on Statutory Instruments, 223
HousePapers app, 270
Humble address (for papers), 45, 277
Hybrid bills, 206–9

285
MPs’ Guide to Procedure

K written, 96
King, Ministry of Defence Votes A, 263
King’s Consent to bills, 145, 183 Moment of interruption, 8–9, 33–4
King’s Speech (at start of session), 12–13 Money bills, 197, 252
Oath of allegiance to, or affirmation, 13–15 Money resolutions for bills, 138, 158, 252
Prorogation (end of session), 11, 146 Private Members’ Bills, 187
Royal Assent to bills, 146 Motions, 20
amendments to, 38–44
blocking motions (private bills), 200, 203
L
Business of the House motions, 33, 41
Laid papers, 211, 277
closure (motion to bring debate
Leader of the House, 6, 80
to a decision), 33, 34–5
Legislation (see Bills,
dilatory (motion to adjourn a debate), 36
public and Bills, private), 130–225
Early Day Motions, 102–15
delegated (secondary) legislation, 130, 210–25
general (i.e. neutral) motions, 20, 38
Legislative reform orders, 217–8
House to sit in private, 37, 185
Liaison Committee, 238, 240
lapsing, 33, 34, 38, 48
estimates, debates on, 261
moving a motion for debate, 22
leaks of select committee reports, 267
‘previous question’ motions, 37
select committee debates, 243
programme motions (for bills), 137
select committee statements, 97
return, motions for (papers), 277
Lobbying, paid, 269
statutory instruments,
Localism orders, 217–8
motions to annul or revoke, 212–4, 221, 222
Lords Amendments to bills, 188–97
statutory instruments,
motions to approve, 221, 222
substantive motions, 39–42
M
Maiden speech, 13, 16
Manuscript amendments, 42, 158 N
Meeting times for the Chamber, 8 Named Day written questions, 62
Messages between Commons and Lords, 195 Negative procedure (delegated legislation), 212–4
Ministerial statements, Nodding through (in divisions), 30
oral, 90–5 Northern Ireland Grand Committee, 59, 136

286
Index

Northern Ireland Protocol, scrutiny of, 246 Ping-pong, 189, 194


Points of order, 24
during a division, 30
O
Prayer card, 9
Oath of allegiance (swearing-in), 13–15
Prayers (at start of day, in the Chamber), 9
Observations on petitions, 124
Prayers (motions objecting
Official Report (Hansard), 274–6
to a statutory instrument), 115, 212–4, 221, 222
Opposed bill committees (private bills), 201
Pre-legislative scrutiny of bills, 134
Opposition day debates, 43–5, 221
Presentation of bills, 9, 135
Oral questions
‘Previous question’, 37
(see Questions to Ministers for more detail), 68–75
Prime Minister’s Questions, 76–9
Oral statements, 90–5
Prince of Wales’s Consent, 145, 183
Order Paper, 272–3
Private bills, 198–205
Private Members’ Bills, 168–87
P
ballot for, 169–72
Pairing (in divisions), 30
Fridays, proceedings on, 37, 172, 184–5
Papers laid before the House, 211, 277
handout bills, 172
Parliament, 6
House of Lords, in, 187
dissolution (end) of a Parliament, 19
money resolutions, 187
start of a new Parliament, 13–18
motions to sit in private, 37, 185
Parliament Acts, 189, 196, 252
presentation bills, 179–81
Parliamentary Commissioner for Standards, 268–9
public bill committees, 186
Personal statements, 101
session, end of, 187
Petitions, 116–29
Ten Minute Rule Bills, 173–8
additional provision,
titles, long and short, 182–3
for (private or hybrid bills), 209
ways and means resolutions, 187
e-petitions, 125–6
Privilege, 264–7
hybrid bills, against, 209
amendment (in Lords bills), 252
paper (‘public’) petitions, 118–24
financial (of the Commons), 195, 252
private bills, against, 199–201, 204–5
select committees, 236–7, 266–7
private bills, for, 200
Privileges, Committee of, 266, 267
Petitions Committee, 125–9

287
MPs’ Guide to Procedure

Programming of bills, 137 Questions to Ministers (Written), 60–7


Prorogation (end of a session), 11, 146 answers, 63, 66
Proxy voting, 31 ‘carded’, 89
Public bill committees, 139–42 deadlines for tabling, 66
Private Members’ Bills, for, 186 every department, to, 67
Public bodies orders, 217–8 fall at end of a session, 11
Public (paper) petitions, 118–24 interests, declaring, 63, 65, 269
Publications and records, 270–9 recess, during, 66
rules, 60, 63, 65, 85–7
submitting a question, 63–6
Q
Questions before the House,
‘previous question’, 37 R
proposing the question, 22, 34, 35 Reasoned amendments to bills, 136, 145, 151,
165–7
putting the question, 22, 29, 34, 35
Reasons Committee, 195
Questions to Ministers (Oral), 68–75
Recess, 6, 10
Business question, 6, 80–1
recall of the House, 6
‘carded’, 89
sitting times on first day back, 8
Chamber, proceedings in, 73–4
written questions during, 66
deadlines for tabling, 72
Register of Members’
grouping, 73
Financial Interests, 234, 268–9
interests, declaring, 69, 71, 72
Regulatory reform orders, 217, 219
not reached in the Chamber, 72
Remedial orders, 217, 219
not tabled in advance, 74
Report stage of bills, 144
Prime Minister’s Questions, 76–9
Reserving a seat in the Chamber, 9
problems, 88–9
Return, motion for (papers), 277
rules, 60, 85–7
Revoking a statutory instrument, 214
submitting a question, 69–72, 77–8
Royal assent to bills, 146
supplementary, 73–4
topical, 68, 73
S
transferred to a different department, 89
Salisbury Convention (bills), 197
urgent, 9, 82–4

288
Index

Scottish Grand Committee, 59, 136 start of a session (State Opening), 11–12
Second reading of bills, 136, 165–7 ‘Shuffle’ (ballot) for oral questions, 72, 79
second reading committees, 136 Sitting in private, 37, 185
Select committees, 226–45 Sitting times, 8
bills, committee stage of, 139 moment of interruption, 8–9, 33–4
bills, pre-legislative scrutiny of, 134 recess dates, 10
broadcasting of proceedings, 233, 234 Speaker,
chairs, 230–2 amendments, selection of, 39–42, 158, 162–3,
192–4
confidentiality of papers, 236–7, 267
casting vote, 31
estimates, scrutiny of, 261
election of, 17
Freedom of Information, and, 237
emergency debates, 56–8
hybrid bills, on, 208–9
privilege, matters of, 267
inquiries, 238–40
statements by, 100
interests, declaring, 234, 268–9
urgent questions, 82–4
joint committees, 134, 235
Speeches, 22–5
meetings, 233–6
adjournment debates, 46, 48
membership, 228–9
amendments to bills, 163
powers, 240
amendments to substantive motions, 41, 42
privilege, 236–7, 266–7
Backbench Business Committee debates, 55
Prorogation, during, 11
bills, debates on various stages of, 136–45
reports, 236, 241–3, 267
Budget debate, 255–7
staff, 244–5
delegated legislation
statements, 97–9, 243
and statutory instruments, 222
statutory instruments, on, 223–4
emergency debates, 58
sub-committees, 238
estimates debates, 260–2
travel, 240
freedom of speech, 264, 266
Selection, Committee of, 140, 186, 220, 228
general debates, 38
Selection of amendments to bills, 158, 162–3
Hansard, in, 274–6
Lords amendments, 192–4
how to make a speech in a debate, 22–5
Session of Parliament, 6
interests, declaring, 269
end of a session (Prorogation), 11, 146
interventions, 24

289
MPs’ Guide to Procedure

King’s Speech debate, 12–13 written ministerial, 96


maiden speech, 13, 16 Statutory instruments, 130, 210–25
Opposition debates, 43–4 affirmative procedure, 215–6
petitions debates, 129 Chamber debates, 222
presenting a petition, 119–20 delegated legislation
committees, 215, 216, 220–1
privilege, protections of, 264–7
motions (‘prayers’) objecting
remaining in the Chamber after your speech, 23
to statutory instruments, 115, 212–4, 221, 222
speaking twice in same debate, 25
negative procedure, 212–4
sub judice issues, 25, 267
numbering of, 225
time limits on speeches, 24
select committees on (e.g. JCSI), 223–4
Westminster Hall, in, 49, 51
super-affirmative procedure, 217–9
Spending, scrutiny of, 252, 259–63
tracking progress of, 225
Staff, Members’,
Sub judice, 25, 87, 267
amendments to bills, submitting, 156
Substantive motions, 39–42
interests, registration of, 269
Super-affirmative procedure
select committee meetings, attendance at, 234 (delegated legislation), 217–9
Standards, 268–9 Supply and Appropriation Bills, 252, 261, 263
Standards, Committee on, 268 Swearing in, 13–15
Standing Order No. 24 debates
(emergency debates), 56–8
T
Standing Orders, 278
Taxation, scrutiny of, 252–8
private business, for, 199, 208
Ten Minute Rule Bills, 173–8
Standing Orders Committee (private bills), 204, 208
Third reading of bills, 145, 165–7
State Opening of Parliament, 11–12
Time limits on speeches, 24
Statements, 90–101
Times of meeting for the Chamber, 8–10
Budget, 254–7
Topical questions, 68, 73
economic update by Chancellor, 258
Trade and Cooperation Agreement
oral ministerial, 90–5
(with EU), scrutiny of, 246, 248
personal, 101
select committee, 97–9, 243
U
Speaker’s statements, 100
Unopposed bill committees (private bills), 202

290
Index

Urgent questions, 9, 82–4 Welsh Grand Committee, 59, 136


Westminster Hall,
applying for a debate, 50, 52
V
Backbench Business Committee debates, 53–5
Video footage of debates and committees, 270
closure motions, not used, 34
Vote bundle (of business papers), 270
debates in Westminster Hall, 49–55, 243
Vote Office, 270
motions to sit in private, not used, 37
Votes and Proceedings (business paper), 270
select committee statements, 97, 243
Votes on Account (Government spending), 259, 262
video and audio footage, 270
Voting, 26–31
Windsor Framework, scrutiny of, 246, 251
amendments to bills, 164
Withdrawal Agreement (from EU),
closure motions, on, 34–5
scrutiny of, 246, 248
deferred divisions, 31
Written ministerial statements, 96
delegated legislation, on, 216, 221
Written questions (see Questions
fewer than forty Members voting, 37 to Ministers for more detail), 60–7
mistakes, 30
moment of interruption, at, 33
pairing and nodding through, 30
points of order during a division, 30
proxy voting, 31
select committees, in, 242
vote follows voice, 30
Westminster Hall, in, 51

W
Ways and means resolutions for bills, 138, 252, 257
Private Members’ Bills, for, 187

291

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