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Parliamentary and other handling matters

In this section of the instructions the department should set out anything that it thinks the OPC team should know about the proposed handing of the Bill and raise any questions that are concerning them, particularly in relation to Parliamentary procedure, on which the OPC team will be able to advise.

The principal things that should be mentioned here are—

• the timetable and arrangements for pre-legislative scrutiny of a draft Bill;
• any timetable or other arrangements for PB Committee and introduction;
• the proposals for or progress of any consultation on aspects of the Bill;
• matters on which further provisions may be needed and the plans for instructing on them, including areas where the need for concessions in the House can be predicted.

This is also the place for the department to raise any questions they may have about—
the likely scope of the Bill;

• financial matters — including, for example whether provisions of the Bill will be treated in the Lords as a Bill of aids and supplies or a money Bill for the purposes of the Parliament Acts;
• other Parliament Acts matters;
• issues that are giving rise to concern about the potential hybridity either of provisions of the Bill or of affirmative instruments made under a power proposed for the Bill;
• concerns they may have about proposals affecting the prerogatives or interests of the Crown and the implications for any requirement for Queen’s or Prince’s consent.

While OPC can advise on these matters in the first instance (often after informal consultation with the House authorities), the ultimate decision on such matters rests with those authorities. OPC will assist the department in any formal dealings with the House authorities on such matters.

If further explanations of the matters it is helpful to put in this section are required, an explanation should be sought from the OPC team.

The drafters of the Bill will provide a short and long title for the Bill that will satisfy the requirements of the House authorities, but if the department have anything to say about them at this stage, then this is where to say it.

The titles are matters to which it is often necessary to return as drafting progresses; and Ministers may have strong views about the short title, in particular. The drafters of the Bill will do their best to comply with any reasonable requests subject to the need for accuracy and the requirements of the House authorities.

The same is true of any wishes the department may have about arranging the provisions of the Bill in a particular order for handling purposes. This is where this should be mentioned and explained. Again, the drafters will do their best to accommodate such wishes.