Washminster

Washminster
Washminster
Showing posts with label Bills. Show all posts
Showing posts with label Bills. Show all posts

Saturday, 11 February 2017

Reading Amendments

To follow the debate on the European Union (Notice of Withdrawal) Bill (or ANY bill) in the House of Lords, you need to equip yourself with the version of the bill that the Lords will be using.

A quick word of caution here - a Bill goes through a number of printings; after any amendments have been made - and when it comes up to the Lords from the Commons. Helpfully, on the website - the 'latest bill' is always highlighted.

Amendments, if passed, would amend the text of that version of the bill. So you need to look at the wording of the amendment, to see what it would do.

Amendments tabled in the House of Lords [Note for my American readers - tabled in the UK Parliament is the OPPOSITE of 'tabling' in Congress. Tabling in the USA is the term used for killing off a bill or an amendment (by throwing it under the table). In the UK tabling means putting on the table. So in the UK "I am tabling an amendment means - "I am putting an amendment down for discussion"] are numbered then printed. You can access the amendments here. These amendment papers are the second (set) of documents needed.

 Some amendments would ADD words to a bill - as for example Lord Lea of Crondall's Amendment to Clause 1 -


Clause 1
LORD LEA OF CRONDALL
Page 1, line 3, at end insert “while retaining membership of the European Economic Area (EEA)” 

On the pdf version of the bill, you'll see the page number at the top.



Page 1, as you can see is numbered, but is not the first page of the whole document.

Not every line is numbered, in fact only lines 5, 10, 15 etc have the number printed on them. So a bit of basic maths is needed to find line 3. (Go to line 5 - go up two lines - and you have line 3)

so if Lord Lea's amendment was passed the bill would read

(1) The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom’s intention to withdraw from the EU while retaining membership of the European Economic Area (EEA)
 
A more complex amendment - which still is a simple "insert" is

LORD KERSLAKE 
Page 1, line 3, at end insert—
“( ) No agreement with the European Union consequent on the use of the power under subsection (1) may be ratified unless a full report has been produced by Her Majesty's Government on the implications of that agreement for—
(a) the future of the United Kingdom, and
(b) the economic, social and political relations of the United Kingdom with the Republic of Ireland;
and each House of Parliament has had an opportunity to consider this report.”

The effect of this amendment passing (as well as adding these words) would require that a specific report MUST be produced by the Government before any negotiated deal could be ratified.

A whole new clause could be added - (if the bill becomes an act it would be known as a 'section'), as with this amendment

After Clause 1
BARONESS HAYTER OF KENTISH TOWN LORD LENNIE
LORD HANNAY OF CHISWICK
Insert the following new Clause—
“Parliamentary approval for agreements with the European Union
(1) No Minister of the Crown may conclude an agreement with any institution of the European Union regarding the withdrawal of the United Kingdom under Article 50(2) of the Treaty on European Union until—
(a) the Government has laid a copy of the final draft of the agreement before each House of Parliament, and
(b) each House of Parliament has passed a resolution approving the final draft of the agreement.
(2) The requirements under paragraphs (a) and (b) must also be met where a Minister of the Crown proposes to conclude any separate agreement with the European Union pertaining to the future political and economic relationship between the United Kingdom and the European Union.

(3) In the case of a proposed agreement setting out the arrangements for the withdrawal of the United Kingdom from the European Union, the resolution under subsection (1) must have been passed by each House of Parliament before the proposed terms are agreed with the Commission, with a view to their approval by the European Parliament.”

All of the current amendments seek to add to the provisions in the bill. (It is such a short bill, that removing words or clauses - at this stage is near impossible. But should any of amendments be passed, we would expect amendments at later stages, particularly at "Ping-pong" stage - to take words or clauses out.)

"Leave out" is the key phrase to remove words in a clause, or the clause itself - as in
  1. Page 2, line 10, leave out subsection (1)


    Page 2, line 10, leave out “, or the Director (or his deputy),”


    Page 2, leave out line 10
"Leave out..... and insert" is the wording to remove and replace by new wording.


Page 1, line 10, leave out “may” and insert “shall” 

The effect of that would be to turn a power to do something into a duty!

To know more - go to the very useful guide to amendment style - which is available at -
http://www.parliament.uk/documents/publications-records/House-of-Lords-Publications/Rules-guides-for-business/Guidance-members-HL/Guide-to-HL-Amendment-Style.pdf

***  All these points relate to amending the Act itself. That will start at the Committee Stage. But first, 2nd Reading must be held. That will be on the MOTION "that the bill be now read a second time." Such a motion can be amended or rejected. (Both are very rare).

Wednesday, 7 December 2011

Update on LASPO

This blog has been following the Legal Aid; Sentencing & Punishment of Offenders Bill in the House of Lords. The committee stage will begin just before the House breaks for the Christmas Recess. As amendments are submitted for consideration (and unlike the House of Commons where the selection of amendments for debate is a matter for the Speaker or the Chairman presiding over that Public Bill Committee - all amendments can be discussed - though by mutual consent they may be put together in group of similar amendments and debated together) - they are listed under Amendment papers (here).

It's worth reading through some of the amendments. In order to see how they make changes - you will need to download a copy of the Bill (download here)

Amendments make reference to clauses - these are the main building blocks of a bill (and become "Sections" when the bill becames an Act of Parliament.

For example clause 27 is preceded by

27 Position of providers of services



On the right hand side of the page are numbers (5, 10, 15....). These are the line numbers.

So to find The following amendment -

Clause 11

LORD BACH
LORD BEECHAM
Page 8, line 18, leave out “may” and insert “must”

Go to page 8 of the bill - and on line 18 (which is in clause 11) the word currently in the bill is "may", Lord Bach & Lord Beecham which to delete the word may (which gives a discretionary power) and replace it by "must" (an obligation)

Monday, 23 November 2009

Background on Bills


The new session is underway - and the coming week will see the continuation in both Houses at Westminster of the debate on the Queen's Speech. But it will soon be time to start considering the legislation.

Already a number of bills have been given their first reading. This is a formality, necessary for the bill to be printed. More information (including a video) is available about first readings in the House of Commons and House of Lords.

Progress of all bills can be followed via this link. Further information and analysis of specific bills is available at

and Research Papers cover a number of subjects in depth, including current bills, from the House of Commons Library

Wednesday, 4 February 2009

Health Bill

Today the House of Lords is due to give a Second Reading to the Health Bill. This is a large bill covering a number of health related areas.

When reading a Bill for the first time there are some useful aids. (All current bills are listed - and have useful links at http://services.parliament.uk/bills/)

Firstly look at the long title - always at the start of the text of the bill itself. In this case the long title is "A BILL TO Make provision about The NHS Constitution; to make provision about health care (including provision about the National Health Service and health bodies); to make provision for the control of the promotion and sale of tobacco products; to make provision about the investigation of complaints about privately arranged or funded adult social care; and for connected purposes."

Then view the structure by looking at the Part and Chapter headings, and then the Schedule titles. These are found in the contents, which are physically situated at the beginning of the bill.

PART 1 -QUALITY AND DELIVERY OF NHS SERVICES IN ENGLAND
CHAPTER 1 - NHS CONSTITUTION
1 NHS Constitution
2 Duty to have regard to NHS Constitution
3 Availability, review and revision of NHS Constitution
4 Availability, review and revision of Handbook
5 Report on effect of NHS Constitution
CHAPTER 2 - QUALITY ACCOUNTS
6 Duty of providers to publish information
7 Supplementary provision about the duty
8 Regulations under section
CHAPTER 3 - DIRECT PAYMENTS
9 Direct payments for health care
10 Jurisdiction of Health Service Commissioner
11 Direct payments: minor and consequential amendments
CHAPTER 4 - INNOVATION
12 Innovation prizes

PART 2 - POWERS IN RELATION TO HEALTH BODIES
CHAPTER 1 - TRUST SPECIAL ADMINISTRATORS FOR NHS BODIES IN ENGLAND
13 Trust special administrators: NHS trusts and NHS foundation trusts
14 De-authorised NHS foundation trusts
15 Trust special administrators: Primary Care Trusts
16 Trust special administrators: consequential amendments
CHAPTER 2 - SUSPENSION
17 NHS and other health appointments: suspension

PART 3 - MISCELLANEOUS
Tobacco
18 Prohibition of advertising: exclusion for specialist tobacconists
19 Prohibition of tobacco displays etc
20 Power to prohibit or restrict sales from vending machines
21 Power to prohibit or restrict sales from vending machines: Northern Ireland
22 Tobacco: minor and consequential amendments
Pharmaceutical services in England
23 Pharmaceutical needs assessments
24 New arrangements for entry to pharmaceutical list
25 Pharmaceutical lists - minor amendment
26 Breach of terms of arrangements: notices and penalties
27 LPS schemes: powers of Primary Care Trusts and Strategic Health Authorities
Pharmaceutical services in Wales
28 Pharmaceutical lists - minor amendment
29 Breach of terms of arrangements: notices and penalties
30 LPS schemes: powers of Local Health Boards
Adult social care
31 Investigation of complaints about privately arranged or funded adult social
care
Disclosure of information
32 Disclosure of information by Her Majesty’s Revenue and Customs
PART 4 - GENERAL
33 Power to make transitional and consequential provision etc
34 Repeals and revocations
35 Extent
36 Commencement
37 Short title

Schedule 1 — Direct payments: minor and consequential amendments
Schedule 2 — De-authorised NHS foundation trusts
Schedule 3 — NHS and other health appointments: suspension
Part 1 — Amendments of enactments
Part 2 — Supplementary
Schedule 4 — Tobacco: minor and consequential amendments
Schedule 5 — Investigation of complaints about privately arranged or
funded adult social care
Part 1 — New Part 3A for the Local Government Act 1974
Part 2 — Minor and consequential amendments
Schedule 6 — Repeals and revocations

A summary of the Bill can be found at http://services.parliament.uk/bills/2008-09/health.html

Useful Background can be found in the Explanatory Notes - http://www.publications.parliament.uk/pa/ld200809/ldbills/018/en/2009018en.pdf
and the House of Commons Library usually produces a Research Paper (http://www.parliament.uk/parliamentary_publications_and_archives/research_papers.cfm), though only when the Bill is before the Commons.

The House of Lords briefing Note is available at http://llweb.parliament.uk/Library/content/NotesPapers/Default.aspx