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Last updated: 08 July 2009
25.1 This chapter deals with procedures at Second Reading in the Commons, though the procedure is broadly similar for Second Reading in the Lords.
25.2 The Second Reading is the point at which the House considers the general principle of the Bill. The debate can therefore be expected to focus on the underlying intentions and broad policies behind the Bill, rather than a detailed scrutiny of each clause. Failure to obtain a Second Reading will prevent the Bill from progressing any further.
25.3 The date for Second Reading is settled by the offices of the Chief Whip and the Leader of the House. The convention is for at least two weekends to be allowed between publication of the Bill and Second Reading, except in emergency situations. The Parliamentary Clerk will inform all concerned as soon as s/he receives notice of the date for Second Reading. This date is made public by the Leader of the House in the Thursday Business Statement a fortnight in advance and should remain confidential until then.
25.4 On the day fixed, the short title of the Bill is printed as one of the effective Orders of the Day. The Government Whips' Office arranges this with the Table Office. When it is called, the Minister begins the debate by moving that the Bill “be now read a second time”.
25.5 The usual order of speaking is for the senior Minister in charge of the Bill to open and for a junior departmental Minister, or a Minister from another department with an interest, to wind up. However, this could be reversed. Alternatively, the Minister might both open and wind up, with the leave of the House (that is, if nobody objects).
25.6 An Opposition front bench Member will speak second in the debate and another leading Opposition Member second last. In between, Members selected by the Speaker, usually from the two sides of the House alternately, will make their contribution. Members (including Ministers) cannot speak twice in a Second Reading debate without leave of the House. The Member (including the Opposition Frontbench) whose ‘reasoned’ amendment (see below) has been selected for debate by the Speaker will move his/her amendment when s/he is called to speak.
25.7 Second Reading of a major Government Bill will usually last for a whole day and will start after any Urgent Questions, statements or Ten Minute Rule Motions.
25.8 The Opposition can oppose a Second Reading of a Bill by either a ‘reasoned’ amendment which sets out the grounds on which the Bill should be refused a Second Reading, or simply by voting against the Government motion that the Bill be read a second time. Backbenchers can also table reasoned amendments. In both cases it is up to the Speaker to decide which are selected for debate and division.
25.9 If a reasoned amendment is carried, or if the Government motion to give the Bill a Second Reading fails, the Bill cannot progress any further. The Opposition may choose not to vote against the Second Reading of a Bill, accepting the principle of the Bill, yet still oppose parts or details of the Bill in Committee. Second Reading can provide a useful indicator of the Opposition's attitudes – and those of other Members – to a piece of legislation and the arguments that are likely to be deployed.
25.10 The opening speech usually goes through the main features of the Bill clause by clause. Briefing and background material will be needed: form and style will depend on the Minister's preferences, the character of the Bill and how closely the Minister has been involved in the detail of the Bill beforehand. A full Second Reading speech may well be required, or at least speaking notes on the more technical or complex parts of the Bill.
25.11 The more important representations received by the department from outside bodies between First and Second Reading should be outlined in the background material since they may well lead to interventions during the Minister's speech.
25.12 The closing speech must answer as many as possible of the points raised during the debate, and especially those asking for a direct answer. Officials attending the debate write notes on these points as they are raised, and the Parliamentary Private Secretary hands them to the Minister who will wind up. It is very important that these notes:
25.13 The closing speaker may or may not want a set brief for his/her final remarks. If s/he does, officials should bear in mind that a closing speech on a motion not opposed will be quite different from one on an opposed motion: it will be more conciliatory and will be directed to preparing the ground for good progress in Committee. Sometimes the closing speaker asks for an oral briefing towards the end of the debate, and there must be sufficient officials present to provide this while still covering the debate in the Chamber.
25.14 The Parliamentary Clerk will wish to know beforehand which officials and Legal Advisers will attend in the officials' gallery (“the box”); this should be settled on the day before the debate to allow time for security passes to be arranged. Numbers should be kept to a minimum as officials from other departments may need places and the “box” only holds seven with sufficient space for everybody to deploy papers and for Parliamentary Counsel to join them if s/he wishes.
25.15 If more officials are needed to cover different parts of the Bill, they will need to wait outside and take turns in the box as needed. Names will be checked on arrival by the House officials at the back of the Chair, who may also be willing to send in a message, e.g. summoning someone from the box to answer the telephone (incoming callers should ask for “the back of the Chair”). The official in the box may need to have an opposite number available in the department for telephone messages while the debate lasts. Whilst in the box (in the Chamber or in the Committee Room) officials should keep a note of any points to which the Minister agrees to write or respond, so these can be actioned.
25.16 Mobile phones may not be taken into the box but must be handed in to the official on duty outside the box. They may however be used in the corridor outside the box. Bill teams may want to acquire a dedicated Bill team mobile phone to ensure that a member of the Bill team can be reached during days in Parliament. Bill teams may also use the phones on the Committee corridor for official business, although it should be remembered that Members take precedence.
25.17 No bags or cases are allowed in the box either, so papers should be collated in large ringbinders that can be carried in and out of the box easily, with lots of dividers so that notes on a topic can be found quickly when it comes up in debate. Take a few copies so, if need be, pages can be annotated, torn out and passed to the Minister. An easily transportable case such as a briefcase on wheels is likely to be useful for carrying papers to and from Parliament – departmental Parliamentary Branches may have one. Bill teams should ensure that they take with them all the paperwork they need as there are no dedicated printing/copying facilities for Bill teams in Parliament – though in case of need officials should ask the doorkeeper in attendance, who may be able to refer officials to appropriate House staff.
25.18 Conversations while in the box should be kept to a minimum and there should be no eating or drinking in the box. Officials (pink passholders) may use the Terrace Cafeteria, except 12-2pm. All users of the Palace of Westminster may use the Jubilee Cafeteria off Westminster Hall which offers limited facilities and is also used by the public.
25.19 Decide in advance whether Private Secretaries or the Bill team will ‘read’ Hansard in the Editors Office, on behalf of Ministers.
25.20 Under Standing Order No.90, a Bill may be referred to a Second Reading Committee for its Second Reading debate. This is reserved for a few very uncontroversial Bills. Tax Law Rewrite Bills are automatically referred to a Second Reading Committee. So too are Law Commission Bills (other than Consolidation Bills). When the Second Reading Committee has reported its resolution, that the Bill ought to be read a second time, the motion for Second Reading is taken forthwith (without debate) on the floor of the House.