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Last updated: 08 July 2009
42.1 A Public Bill which affects a particular private interest in a manner different from the private interests of other persons or bodies in the same category or class is called a hybrid Bill, and is subject to a special procedure which includes some of the steps applicable to private Bills. This means that it generally takes far longer to complete its Parliamentary process than an ordinary public Bill, and the procedure is more complex. Such Bills are best avoided, if at all possible.
42.2 Recent examples of hybrid Bills are the Channel Tunnel Rail Link Bill (1996 Act of Parliament) and the Crossrail Bill, which was first introduced in February 2005 but did not complete its Select Committee stage until October 2007, when it proceeded to the normal Parliamentary stages of a Government Bill.
42.3 The interest of a local authority in the administration of its area is regarded as a private interest, and a Bill is generally regarded as hybrid if it relates only to one named area outside London. A Bill that singles out a particular person or body for favourable treatment is not normally regarded as hybrid so long as others in the same category or class are not thereby prejudiced. These are, however, only rough guides to hybridity. If there is a possibility of a Bill being regarded as hybrid, it is essential for the matter to be checked with Parliamentary Counsel, who will consult the authorities of both Houses. The ultimate decision on questions of Hybridity lie with the House authorities.
42.4 The fact that a provision of a Bill makes, or may make, the Bill hybrid should be indicated when the Bill is put forward for a place in the legislative programme. The degree and nature of the opposition which such a Bill might be expected to arouse from the interests affected would be an important consideration in most cases. On both points it will be for the Bill team to advise the Minister on this as accurately as possible. Consultation should assist in this, and in some cases help avoid or reduce opposition.
42.5 It is obviously desirable to determine whether a Bill will be hybrid as early as possible, though the House authorities may not be able to form a clear view until the provisions in question have been drafted. If it becomes clear during drafting that a particular provision that is not critical to the Bill would make it hybrid, and cannot be redrafted so as to avoid hybridity, the presumption should be to remove the provision from the Bill.
42.6 Given the procedural complications and the extra time a hybrid Bill will require, it is absolutely essential that any hybrid Bill is introduced right at the start of the session. However a hybrid Bill may be carried over from one session to the next, like a Private Bill, and even from one Parliament to the next (as with the Crossrail Bill) – though this would be extremely unusual.
42.7 Parliament's formal decisions on hybrid Bills are taken in several stages, as follows:
42.8 These steps, and proceedings before the Examiners and in Select Committee, are dealt with on behalf of the department by a Parliamentary Agent (a member of a firm of specialist private solicitors). The legal adviser will consult him/her at an early stage about the steps to be taken and s/he will draw up a timetable for taking them. The department is usually represented before the Select Committee by an independent Counsel, who is instructed by the Parliamentary Agent. This will inevitably increase the costs associated with the Bill.
42.9 Where the Standing Orders apply and have been complied with (or dispensed with) a hybrid Bill is referred after Second Reading to a Select Committee (or rarely, a Joint Committee) appointed for this purpose. In the House of Commons, Parliamentary Counsel will draft a committal motion, to be taken after Second Reading, which will among other things set the period within which petitions must be presented. In the House of Lords the petitioning period (usually ten days) is set by a formal entry in the minutes made by the authorities of the House.
42.10 The Select Committee hears petitioners against the Bill if they are directly or personally involved and if the petitions have been duly lodged. The department promoting the Bill has a right to be heard against the petitioners. It is not necessary to prove the expediency of the Bill as a whole in Select Committee, since this has been decided on Second Reading, but it is open to the Select Committee to report that the Bill should not proceed. If no petitions are presented against the Bill the Select Committee will be discharged.
42.11 After hearing the petitioners in a judicial manner the Select Committee will go through the Bill clause by clause and may make amendments. Copies of the minutes of evidence may be obtained. Parliamentary Counsel may not be directly involved throughout this stage unless amendments need to be drafted but s/he should be made aware of anything likely to affect the Bill at a later stage.
Remaining stages and second House
42.12 On report by the Select Committee, the Bill is formally recommitted to a Committee of the whole House, although in the Commons it is usual for the Whips then to table a motion for the Bill to be considered by a Public Bill Committee instead. Thereafter the Bill proceeds as an ordinary public Bill.
42.13 The procedure on hybrid Bills is basically the same in both Houses, so that, unless a Joint Committee has been appointed to hear the petitioners, there may be a Select Committee stage in both Houses. It is not, however, generally necessary to do anything further to comply with the Standing Orders in the second House. The Government Parliamentary Agent will simply indicate to the Examiners after the Bill arrives in the second House that nothing further needs to be done.
42.14 If a hybrid Bill is amended in either House the amendments may have the effect of requiring further compliance with the Standing Orders. Amendments which have this effect are said to rehybridise the Bill. (It is also possible, of course, for an amendment to have the effect of hybridising a Bill which had not been hybrid previously.)
42.15 Parliamentary Counsel should be consulted well in advance if it is proposed to amend a hybrid Bill. S/he will, if necessary, discuss with the authorities of both Houses whether making them would rehybridise the Bill and, if it would, what implications this has for the further progress of the Bill. The need for further compliance with (or dispensation from) the Standing Orders inevitably costs time. It is therefore extremely important that all the matters to be contained in a hybrid Bill are, so far as possible, included before introduction.
42.16 The Commons Standing Order providing for carryover of Bills does not apply to a hybrid Bill. To carryover a hybrid Bill would require the agreement of both Houses.
42.17 In the House of Lords (but not in the House of Commons) there is a Standing Order applying special rules to any subordinate instrument which is subject to affirmative procedure and contains provision that would, if contained in a Bill, have made the Bill hybrid. Bills giving power to make affirmative instruments have sometimes exempted them from the Standing Order but any provision of that nature could be contentious.