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Last updated: 23 July 2009
Differences in practice and procedure in the Lords
33.1 The formal stages of procedure in the Lords are similar to those in the Commons, however the key differences are:
Procedure in the Lords
33.2 There are differences too in the conduct of debates and procedure during the Bill's passage. It is not the Speaker but the House as a whole which decides questions of order. Peers address their remarks to the whole House – “My Lords” – whereas in the Commons they address the Speaker or the Chairman of the Committee.
33.3 Every amendment tabled in the Lords is called in turn in the order of the ‘marshalled list’ and can be spoken to. There is no selection of amendments. An amendment that has been tabled need not be moved, although if none of the Peers named as supporters of the amendment moves it, another Member may do so. Amendments are not grouped for discussion by the Chair as in the Commons, but informal groupings are negotiated through the Government Whips' Office in the Lords.
33.4 It is the Bill team's responsibility to propose groupings of amendments for each day. As in the Commons, the bill team's proposals for grouping may be discussed in advance with Parliamentary Counsel. Groupings are informal and not binding. It is open to any Peer to speak to an amendment in its place in the marshalled list, but the Government Whips' Office tries to get agreement from all Members concerned about proposed groupings. Any Member can ask the Government Whips' Office to de-group their amendment from those the Bill team has suggested it be grouped with. In this case the Government Whips' Office will tell the Bill team. However, it is open to any individual Peer to de-group his or her amendment in Committee or at other stages.
33.5 A Member may speak to a whole group of amendments when the first amendment in the group is called. Only the first amendment in the group is called (in the technical sense that there is a question specifically on it before the House) and the rest are at this stage merely spoken to. Proceedings on later amendments in the group are often formal but further debate may take place and an amendment previously debated may be moved at its place in the Bill.
33.6 Unlike in the Commons, where for example Report and Third Reading are often taken together, in the Lords not more than one stage of a Bill can be taken during one sitting. This is a standing order of the House and is dispensed with for Finance and for Consolidated Fund Bills and may sometimes be dispensed with for a particular Bill that is urgently required, with the agreement arrived at through the usual channels (the Whips of all parties). Notice must be given on the Order Paper of a motion to dispense with this Standing Order, and it is possible for the motion to be opposed.
Minimum intervals between Lords stages
33.7 The different stages and minimum intervals which are usually observed are set out below – this would be the conventional minimum timetable that could be expected for a Bill of reasonable length and complexity. Departure from these intervals can only be agreed through the usual channels.
33.8 Introduction and First Reading: The Minister or Whip in charge of the Bill reads the long title and moves “That the Bill be now read a first time.” Where the Bill enters the Lords from the Commons, First Reading is moved only when the Bill has completed its Commons stages.
33.9 Minimum interval before Second Reading: two weekends after First Reading. Second Reading: As for the Commons, with some procedural differences.
33.10 Minimum interval before Committee: fourteen calendar days. Committee Stage: Committee happens either on the floor of the House (Committee of the whole House) or in a committee room (Grand Committee), referred to as the Moses Room (on account of the large picture of Moses there) located just off to the right of the Peers Lobby as you are coming from the Central Lobby.
33.11 Minimum interval before Report: fourteen calendar days. Report Stage: Unlike in the Commons, Report is not taken at the same time as Third Reading. If the Bill is unamended in Committee and no points have been left for further discussion on Report, then Report can, with the agreement of the House, be taken immediately after the Committee with no further debate. However, this is unusual and would need agreement in advance through the 'usual channels' (the Governmment and Opposition Whips).
33.12 Minimum interval before Third Reading: three clear sitting days. Third Reading: similar to the Commons but amendments can be proposed and debated.
33.13 “Sitting days” excludes weekends and non-sitting Fridays.
33.14 The minimum intervals are just minimums and bill teams should not expect the Bill to progress to that timetable – often the intervals between stages will be much longer. Minimum intervals in the Commons are also slightly different. The timetable for a Bill to complete all of its stages in the Lords will be dependent on a number of factors, including the exact nature of the Bill, its size and complexity, availability of Opposition spokespersons but perhaps even more importantly the other Bills in the programme. Other Bills may be accorded a higher priority if they are politically very important or have a fixed deadline for Royal Assent. The Whips or Legislation Secretariat will be able to advise on the relative position of your Bill and they need to be made aware at the earliest possible moment if there are any pressing political, financial, operational or other reasons for Bills to receive Royal Assent by a particular time – although there are never any guarantees.
33.15 Bill teams should alert departmental press offices to the dates of Parliamentary stages, particularly those where any votes are expected, and provide them with background briefing as necessary.
33.16 Sitting times in the Lords are as follows:
33.17 Oral Questions are held for 30 minutes at the start of business on Monday to Thursday. Debates will start after Oral Questions. Lords Grand Committees usually sit 3.30pm to 7.30pm on Monday and Tuesday; 3.45pm to 7.45pm on Wednesday; and 2pm to 6pm on Thursday.
33.18 The Constitution Committee is appointed by the House of Lords “to examine the constitutional implications of all public Bills coming before the House; and to keep under review the operation of the constitution.” In exercising the first of these functions, the Committee scrutinises Government Bills before the House and any Private Members' Bills which are likely to reach the statute book. While there is no requirement for departments to produce a Memorandum for the Constitution Committee in the same way as for the Delegated Powers Committee, officials should be aware of the Constitution Committee's role and consult the Government Whips' Office in the Lords if they think the Committee will take an interest in the Bill.
33.18 If a Bill appears to raise issues of principle affecting a principal part of the constitution1, the Committee may request information from the Minister responsible, or seek advice more widely. This correspondence is usually published on the Committee's website. More infrequently, the Committee will publish a substantive report on a single Bill. For example, Bills will attract the attention of the Committee if they deal with the relationship between the Executive, Judiciary and Parliament, the electoral system and referendums, the relationship between central and local government or with devolution. In other cases, for example where a Bill gives new powers to public authorities or amends existing powers, or grants new powers to collect or share personal data, the Committee will form a view on whether the Bill makes a significant change to the system of Government or the relations between the state and the individual.
33.19 The Constitution Committee will consider whether procedures provided for in relation to appeals, review and redress of grievances is satisfactory, and whether the Bill makes a clear division between matters for which Ministers have authority and matters for which authority is devolved to autonomous office-holders. If a Bill proposes a new tribunal, the Committee will expect the tribunal to be placed under the supervision of the Council on Tribunals.
33.20 Where a Bill stems from the UK's international obligations, the Committee will look at the manner in which Parliament is being asked to implement them. Where the Committee reports on a Bill, it will aim to do so before Lords Second Reading.
1 The Committee defines this as “the set of laws, rules and practices that create the basic institutions of the state, and its component and related parts, and stipulate the powers of those institutions and the relationship between the different institutions and between those institutions and the individual” (HL Paper 11 (2001-02), chapter 2).