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Last updated: 08 July 2009
35.1 For Bills which have come from the Commons, revised Explanatory Notes to reflect any amendments made in the Commons should be available by Second Reading in the Lords at the latest. For a substantial Bill there will generally be limited time to carry out this task, so work should get underway as soon as the bulk of Commons amendments are dealt with.
35.2 The Bill team should ensure that Parliamentary Counsel has warned the Lords Public Bill Office to arrange for Queen's Consent to be signified at this stage, if it is required. The department (through their Parliamentary Branch) are responsible for ensuring that a Privy Counsellor is available to signify Queen's Consent. This could be the Leader of the House of Lords or the Lords Chief Whip if available.
35.3 The Peer in charge of the Bill in the Lords is often not the Bill Minister, and sometimes may be a Government Whip or Law Officer who does not work within the lead department, so briefing may need to be more thorough than in the Commons.
35.4 Second Readings are rarely opposed in the Lords and if Second Reading is opposed it is normal practice to give warning in the form of an amendment on the order paper. This can be in the form of a “reasoned amendment” or a motion to delay Second Reading for six months (which effectively kills the Bill).
35.5 The Lord in charge has a right of reply and usually both opens and winds up the debate, though different Ministers may do so.
35.6 The brief for the opening speech will normally include some passages from the Commons debates (if the Bill comes from the Commons) flagged in Hansard, as well as notes for the present speech and background material. However, the opening speech should not be a repetition of the Commons version and should be tailored to likely concerns in the Lords.
35.7 For the closing speech, the Bill team should have notes ready on points raised in the debate and it is useful to have a session with the spokesman shortly before s/he winds up, if there is time. Notes are usually passed to the Front Bench via the Doorkeeper. Ensure that the full title of the Peer in charge is on the note (eg Lord Smith of Wherever not just Lord Smith as there may be more than one).
35.8 Peers find it particularly courteous if a proper response is given in the winding up speech. Failing that, an indication to write on the detailed points should be given and a letter should be sent to the Peer(s) within 24 hours.
35.9 Bill teams can watch the list of speakers grow on the Government Whips' Office [External website]) before the debate. This will help in preparation of material for Ministers. The final list can be obtained from the Government Whips' Office around lunchtime on the day of Second Reading (10am on Thursday). Every Peer on the Speakers List will have a chance to speak in the order shown. The Minister's opening and closing speeches should not exceed 20 minutes each, though a ministerial speech winding up an exceptionally long debate may exceed this limit.
35.9 There is no procedure for Money Resolutions in the Lords, though a Bill starting in the Lords may need a Money Resolution when it comes to the Commons. A Bill of which the sole purpose is to raise taxation or authorise expenditure (a Consolidated Fund Bill, for example) is defined as a ‘Money Bill’. Under the Parliament Act 1911, the Lords cannot prevent a Money Bill passing into law. While it could in theory propose amendments, in practice the House of Lords does not consider such Bills in Committee. The annual Finance Bill is not committed, whether or not it is a Money Bill.
35.10 A motion is required to commit the Bill to Committee: either to Committee of the whole House or to Grand Committee. This is tabled by the Government Whips' Office in advance of Second Reading, to be moved as soon as possible after the Second Reading has been agreed.
35.11 Passes for the officials' box are obtained by Parliamentary Branch from Black Rod's office. Similar rules apply as for box etiquette in the Commons. In the House of Lords, officials are not allowed on the blue carpet (in the Prince's Chamber behind the Lords Chamber) when the House is sitting. In practice they have to walk across the carpet to reach the officials box but they should only do so when invited by the door keepers and should not wait aroundthere – when waiting to go into the Chamber they should wait in the Contents lobby for the doorkeepers to show them in.
35.12 Once in the official's box there is limited room for only about four or five officials (usually including the Bill Minister's private secretary). There are a few more chairs outside the box but they are not very close. In particular watch the folding down desks in the box as, unless folded down very carefully, they can fall themselves with a loud bang!