This snapshot taken on 07/04/2010, shows web content selected for preservation by The National Archives. External links, forms and search boxes may not work in archived websites.
Last updated: 02 September 2009
Allocating PMBs to departments, preparing handling letters and agreeing a Government position
47.1 Legislation Secretariat regularly circulates a list of all forthcoming PMBs to departments (Parliamentary Clerks and Private Secretaries), allocating each PMB to the relevant lead department. If this allocation is incorrect, the Parliamentary Branch should inform the Secretariat immediately, so the PMB can be allocated to the correct department. PMBs down for debate on a given day in the Commons can also be found in the “Future Business” sections of the Parliament website at House of Commons Future Business [External website] (Part A for PMBs down for debate within the next fortnight, Part D for the remainder of the session), or progress of a particular PMB can be found in the “Bills before Parliament” section of the website at Bills before Parliament 2007-08 [External website]. PMBs down for debate in the Lords can be checked at Future Business [External website] under the section “Bills in progress”.
47.2 As soon as a PMB has been allocated to the department, the Parliamentary Clerk should alert the relevant policy official, who will then need to find out what the Bill would do. Even if the Bill has not yet been published, a summary of its purpose will be available on the Parliament website at Bills before Parliament 2007-08 [External website](where the text of the Bill itself will also be published).
47.3 The policy official will need to consider the factors for and against supporting the Bill – possibly in discussion with other departments with an interest, in particular with HM Treasury if the Bill would impose a financial cost on the Government, and almost certainly in discussion with legal advisors from their own department – and advise the Minister on whether the proposal should be supported or opposed. Are the measures in accordance with existing departmental policy? Would Ministers want them to become law? Are there any outstanding devolution, ECHR or regulatory issues that need to be considered? Officials should give careful consideration to whether the Government could sensibly support the Bill, subject to any necessary amendments.
47.4 If the summary on the Parliament website does not provide sufficient detail for the Government to be able to take a view, officials should speak to their Parliamentary Clerk or Private Office, as the Minister, his/her Parliamentary Private Secretary or a Special Advisor will need to speak to the MP or Peer to find out what is likely to be in the Bill – most MPs, Peers or their assistants will be happy to give a good indication of the Bill's aims. Ministers should then write to Legislation Committee on the basis of their expectation of what the Bill will do. It is important that handling recommendations are based on as clear an understanding as possible, so early engagement with the sponsoring MP or Peer is helpful.
47.5 The Minister will then need to write to Legislation Committee recommending what position the Government should take – support, oppose (or, for a Bill in the Lords, express reservations) or (in very rare cases) remain neutral. To allow time for other Ministers to comment, the Minister should write to Legislation Committee at least one month before Second Reading, requesting responses within two weeks so as to allow a further two weeks for any issues to be resolved and a position agreed. Policy officials are encouraged to discuss the arguments for supporting or opposing the PMB with Legislation Secretariat before the Minister sends the letter.
47.6 All PMB handling letters should be copied to the relevant policy Committee of Cabinet, but if the recommended position is to support or remain neutral, clearance must also be sought from the relevant policy Committee of Cabinet. To satisfy the Committees that the consequences of supporting a Private Members' Bill have been carefully considered, the Minister will need to attach to his/her letter a Legislation Committee Memorandum setting out any handling issues and explaining the implications of the Bill, for example for the devolved administrations, an ECHR Memorandum and an Impact Assessment.
47.7 If the recommended position is to oppose, a letter explaining why the Government should oppose the Bill will normally suffice, but it will be important for the handling letter to set out a strong case for not supporting the Bill. If a strong case is not provided, Legislation Committee is likely to press the Minister again as to why the Bill cannot be supported. It is not acceptable to recommend that a Bill be opposed simply because its drafting is defective – if there are no other reasons why the Bill should not be supported, the Government would normally agree to support the Bill subject to drafting amendments being made in Committee to ensure the Bill is technically workable.
47.8 Whatever the proposed stance, the handling letter should:
47.9 Even if the Bill has not yet been published, a handling letter will still need to be provided to the deadlines given above. In the Lords, PMBs must be introduced and published at least two weekends in advance of Second Reading. In the Commons, a PMB only falls off the order paper if it is has still not been printed the day before Second Reading is due.
47.10 Where a PMB is down for a Second Reading debate shortly after introduction and it is not possible to adhere to the deadlines above, the Minister should write to Legislation Committee as soon as possible, allowing a reasonable period for comment and a position to be agreed before Second Reading.
Supporting, or supporting subject to amendment
47.11 Where it is proposed that the Government support a PMB or support it subject to amendment, this must be cleared through the relevant policy Committee of Cabinet as well as Legislation Committee. Prior to seeking clearance, officials will want to consider the policy implications for other departments, implications for the devolved administrations, the regulatory and other impacts, and compatibility with the ECHR. The department must also consider the extent to which the published version of the Bill will need to be amended to ensure it is technically workable, as well as compatible with Government policy.
47.12 Where departments are sympathetic to the overall aims of the Bill, but could not accept a particular part of the Bill, they are encouraged to discuss with the Member the possibility of amending the Bill to enable Government to offer its full support. Recent Leaders of the House of Commons have indicated that they would like to be able to offer Government support to more PMBs, and have encouraged departmental Ministers to actively consider ways in which they could work with Members to ensure a Bill that would be acceptable to the Member and to Government. It is important that departmental Ministers engage with the Member in charge early enough so that if a compromise is agreed, there is still enough time for the department to prepare the necessary documentation (Legislation Committee Memorandum, ECHR Memorandum and Impact Assessment) to satisfy the relevant policy Committee of Cabinet and Legislation Committee that supporting the Bill is the right thing to do, and for this position to be formally agreed.
47.13 In opposing PMBs, Ministers may be missing the chance to sensibly amend the law; moreover as PMBs cover matters that are of personal importance to Members those that fall tend to be reintroduced in subsequent sessions, making it worthwhile for the Government to consider whether a compromise position could be agreed.
47.14 Members will frequently contact Ministers with a view to reaching agreement on the contents of their proposed Bill and obtain Government support. The Minister will often consent to officials in their department discussing the proposal with the Member or their staff. Such co-operation can be helpful to both sides and can improve the chances of reaching an agreement to support the Bill. Where Government support is likely, the Member should be encouraged to publish their Bill in sufficient time before Second Reading, to allow the Government to reach an agreed position. The Government Whips' Office in the House of introduction and Legislation Secretariat should also be informed.
47.15 Whilst the Government will wish to support as many PMBs as possible, it is equally important that it does so only after full consideration of the implications of a PMB reaching Royal Assent and becoming law. If the Government supports the objective behind a PMB, but the Bill would have unacceptable consequences that cannot be addressed by amendment, then the Government would not normally support the Bill. It is important that policy officials in their advice to Ministers set out fully the reasons for and against supporting the Bill, to enable Ministers to make an informed decision.
47.16 A joint letter to the Chairs of Legislation Committee and the relevant policy Committee of Cabinet seeking clearance to support the Bill should be sent at least one month before the date scheduled for Second Reading. Officials are advised to contact Legislation Secretariat for advice before drafting this letter. Legislation Secretariat can also advise which policy Committee of Cabinet it would be appropriate to write to in each case. The handling letter should be circulated with a Legislation Committee Memorandum covering issues such as compatibility with the ECHR and any devolution implications, regulatory and other impacts, or delegated powers. An Impact Assessment and ECHR Memorandum on the Bill's compatibility with the ECHR must also be circulated. The department may also wish to prepare Explanatory Notes, but this is not a requirement.
47.17 Policy officials in departments should therefore engage early with officials in:
47.18 The letter should also state whether any amendments would be needed to enable the Government to support the Bill, and legal advisers should discuss with Parliamentary Counsel whether any drafting work is required.
47.19 Very exceptionally, the Government may wish to take a neutral position on a PMB, if for example it concerns an issue of conscience such as abortion or euthanasia, or matters more properly for Parliament, rather than the Government, to decide. If the Bill does not fall into one of the two narrow categories above, the Government will be expected to take a view and must agree collectively whether to support or oppose the Bill.
47.20 As Private Members' Bills can and do reach the statute book, a neutral position should only be recommended if the Government is genuinely prepared to accept the legislation, should that be the will of Parliament – by not opposing a Bill, the Government is indicating that it is prepared to accept it reaching the statute book, with all the consequences.
47.21 A neutral stance must therefore be collectively agreed by Ministers in the same way as supporting a PMB, with a handling letter and accompanying documentation – Legislation Committee Memorandum, Impact Assessment and ECHR Memorandum – sent to Legislation Committee and the relevant policy Committee of Cabinet at least one month before Second Reading. Policy officials in the department should discuss the proposed stance with Legislation Secretariat as early as possible.
47.22 If a PMB on which the Government has remained neutral receives a Second Reading, the Government will often have to make drafting changes to ensure the Bill is technically correct.
47.23 There may be a number of reasons why the responsible Minister will wish to recommend that the Government oppose a PMB, for example if it is contrary to the Government's policy, duplicates work already in progress, is incompatible with European law or would have significant cost implications. However, even where there appears to be a good reason why the Government should not support the Bill, it will be important for the department to consider whether this could be addressed to allow the Government to support an amended version of the PMB, and, where appropriate, for the Minister to discuss this with the sponsoring Member.
47.24 If the PMB has not yet been published, the sponsoring Member may be persuaded to drop those elements of the Bill which the Government is unable to support, to enable the Government to give unconditional support to the PMB from the outset. If the PMB has already been published, the sponsoring Member may be persuaded to give a commitment to make amendments in Committee to address the Government's concerns and allow it to support the Bill.
47.25 If it is still not possible for the Government to support the PMB, the handling letter which should be sent to Legislation Committee one month before the Second Reading date (copied to the relevant policy Committee of Cabinet for information) should explain clearly why this is, including any options that have been explored to support an amended form of the Bill.
47.26 The Government will normally seek to defeat a Bill that it opposes at Second Reading in the Commons. In some cases, however, the Government may wish to allow a Second Reading to a Bill that they oppose with a view to having the substance debated in Committee. In such circumstances the Minister will wish to make the Government's overall intentions clear in the Second Reading debate (or early in Committee Stage if Second Reading is taken formally). Where the Bill being opposed is introduced in the Lords, the Government will express its reservations at Second Reading but will not seek to block the Bill until it reaches the Commons. On no account shall a Minister initiate a vote on a Second Reading motion.
47.27 Where the Government opposes a Private Members' Bill, Parliamentary Counsel will not normally be involved, as the fate of such Bills is often decided at Second Reading. Occasionally, however, amendments need to be prepared in order to found debates in which the Government can obtain clarification (and possibly compromise) from the sponsor or explain its opposition. Where the Minister asks for such amendments to be prepared they will usually be tabled in his/her name; where they are tabled by backbenchers the House will expect it to be made clear whether such Government drafting assistance has been given.
47.28 A completed “ring-round” sheet (see collective agreement) is not normally required for letters seeking clearance to oppose a Private Members' Bill, but Legislation Secretariat may ask for one to be completed if the handling letter issues late or if the proposal is particularly controversial.
47.29 If there are no outstanding issues, the Chair of Legislation Committee (and the Chair of the relevant policy Committee of Cabinet, as necessary) will write to give clearance for the agreed position shortly before Second Reading.
47.30 If the Bill is published after the handling letter has been sent, departments should contact Legislation Secretariat to confirm whether the proposed position still holds. If for any other reason the department wishes to change its position after sending a handling letter to Legislation Committee, or should a change in circumstances mean it may be appropriate for the Government to change the position it has already agreed, Legislation Secretariat should be informed immediately.
Further action required by departments where the Government is supporting a PMB
47.31 Clearance to support a PMB will often include Legislation and policy Committee clearance to work with the Member to draft mutually satisfactory first House amendments to ensure that:
47.32 As far as possible, amendments should be made at Committee stage in the first House.
47.33 If amendments are made in the second House, the Bill will have to return to the first House for consideration. Given the limited amount of Parliamentary time available for PMBs, this is likely to kill the Bill. Time for PMBs is even more limited in the Lords, so departments should contact the Government Whips' Office in the Lords to discuss Lords handling in good time before the Bill reaches the Lords, and must discuss any proposed amendments with the Government Whips' Office in both Houses. Government time is given to Private Members' Bills in the Commons only in the most exceptional circumstances.
47.34 If clearance was given to support the Bill subject to certain amendments being made in Committee, no further clearance is required before tabling those amendments. Any other amendments which the Government wishes to table to a Private Members' Bill or hand to the sponsoring Member to table must be agreed by Legislation Committee, and by the relevant policy Committee of Cabinet if the amendments would have the effect of a change in policy. The responsible Minister will need to write to the Chair of the Committee(s) seeking clearance and allowing colleagues 10 workings days to respond plus 48 hours for clearance to issue. Amendments should be discussed with the sponsoring MP or Peer, whose support is crucial.
47.35 However, in view of the pressure on Parliamentary Counsel, drafting assistance should be offered as sparingly as possible, and if the Bill is not expected to progress as far as Committee it will clearly not be worthwhile. When a department anticipates that it could need drafting assistance it should prepare instructions in advance on a contingency basis.
47.36 Amendments drafted by Parliamentary Counsel will sometimes be Government amendments and will sometimes be put down in the name of a private Member. If the amendments are to be put down in the name of a private Member, the department will usually invite the Member to put the amendment down him or herself. But it may be convenient if they are handed in by Parliamentary Counsel on behalf of the Member; in which case the Member in charge must either sign the amendments or give written authority to the Public Bill Office to accept the amendments from Parliamentary Counsel.
47.37 Where amendments are tabled by the Minister, the department should ensure that both the private Member sponsoring the Bill and (where the amendment is being tabled in the second House) the private Member sponsoring the Bill in the first House are kept informed.
47.38 Delegated Powers: The Lords Delegated Powers and Regulatory Reform Committee may report on any public Bill containing delegated powers. If a Government-supported Private Members' Bill looks likely to complete its Commons stages and reach the Lords (even if the Government has only agreed to support the Bill part-way through its passage), the department responsible should submit a Delegated Powers Memorandum to the Lords Delegated Powers and Regulatory Reform Committee, by the time the Bill reaches the Lords at the very latest. For a Government-supported Lords Private Member's Bill, a Memorandum should be submitted as soon as possible after introduction.
47.39 Further action required by departments for any PMB that looks likely to pass, irrespective of whether Government is supporting or opposing the Bill
47.40 Queen's Consent: The possible need for Queen's Consent should always be considered. Queen's Consent can only be signified by a Privy Counsellor, normally a Minister, so if it is needed steps should be taken to ensure a Privy Counsellor is available in the relevant Chamber. Queen's Consent would not normally be withheld from a Bill even if the Government intended to block or oppose it during its later stages. The Palace should be given at least two weeks to consider requests for Queen's Consent.
47.41 Money resolutions: In theory, a Private Members' Bill entailing public expenditure could be halted by the Government declining to table a Money Resolution. Motions for Money Resolutions are not usually taken until after Second Reading, and then in Government time. Only the Government can move a motion for a Money Resolution, and neither italicised words nor clauses governed by them can be considered by the committee unless a Money Resolution authorising them has been agreed by the House. If the exclusion of these clauses would make the Bill unworkable, the Speaker would probably not allow the remaining stages to be taken.
47.42 The Government usually moves a motion for a Money Resolution in respect of a Private Members' Bill which has been given a Second Reading, regardless of whether it supports the Bill, although it is not under any obligation to do so. Moving such a motion does not necessarily indicate Government support for a Bill: the Government might wish to move a motion for a Money Resolution in respect of a Bill which was not acceptable in the form in which it was introduced, in order to permit detailed examination in Committee, as a result of which the Bill might become one which the Government could support.
47.43 Drafting assistance: The Government does, of course, accept a responsibility to put Private Members' Bills which are likely to pass into good order. A “neutral” or “opposing” position must always be read as subject to this.
47.44 Where a Private Members' Bill proceeds beyond Second Reading, further action may be required from departments even if the Government is not supporting the Bill. Policy leads should keep in touch with Legislation Secretariat and their Parliamentary Branches who will alert them to any action that needs to be taken and advise if/when any further clearance is required.