PROCEDURE OF THE HOUSE

HL Deb 27 May 1971 vol 319 cc1289-90

11.14 a.m.

THE CHAIRMAN OF COMMITTEES (THE EARL OF LISTOWEL)

My Lords, I beg to move that the Sixth Report from the Select Committee on Procedure of the House be now considered.

Moved accordingly, and on Question, Motion agreed to.

The Committee's Report was as follows:

ORDERED TO REPORT:—

That the Committee have met and been attended by the Clerk of the Parliaments.

1. DIVISIONS The Committee have considered the experimental new procedure for Divisions and recommended that the experiment be continued until the end of the session. The Committee draw attention to a practice which appears to be increasing, of Lords standing and conversing in the House while the Question is being put from the Woolsack or the Chair. The Committee consider this to be an undesirable practice and remind the House that, when the Lord Speaker or Lord in the Chair is on his feet, other Lords within the House should be seated and, in the words of Standing Order No. 19, should " keep dignity and order ".

2. THE CLOSURE The Committee have considered the procedure laid down for the Closure on page 64 of the Companion in the light of the proceedings of May 13th last, when the Closure was moved by the Earl of Halsbury (Hansard, cols. 1305-6). They have also taken account of the subsequent statement made by Viscount Goschen at the end of business (Hansard, cols. 1521–4). The Committee endorse in principle the present practice of the House, as recommended by the Procedure Committee in 1961, and agreed to by the House, but, for greater clarity, recommend that the procedure on page 64 of the Companion should be amended as follows:—

1. (a) the " cautionary words " should be prefaced with the words:—
• "I am instructed by order of the House to say that…";
2. (b) at the end of line 6 of the " cautionary words ", the words (" and is not withdrawn ") should be inserted;
3. (c) the final sentence on page 64 of the Companion should be expanded as follows:—
• " If this Motion is carried:—
1. (i) the Lord on the Woolsack or in the Chair remains on his feet after announcing the result and immediately puts and completes the original Question without further debate;
2. (ii) the original Question cannot be withdrawn, because the House has decided that the Question be now put; and
3. (iii) the Lord on the Woolsack or in the Chair may not put any other Question until the original Question has been disposed of."

As regards the proceedings on the Earl of Halsbury's Closure Motion, it was made clear by Viscount Goschen in his statement at the end of the Sitting of 13th May that it was the Not-Contents, rather than the Contents, who had appointed Tellers. Accordingly, the lord in the Chair, acting on incorrect information, wrongly declared that the Motion " That the Question be now put " had been agreed to. In these circumstances the Committee recommend that the Proceedings on the Closure, as recorded, be vacated and that the Minutes be amended to read as follows:—

an Amendment moved and a debate arising thereupon, it was moved that the Question be now put (The Earl of Halsbury); objected to and, on Question (there being no tellers for the Contents) disagreed to: then the Amendment (by leave of the Committee) withdrawn; ".

3. TELLERS

The Committee further recommend that when Tellers communicate their names to the Clerk at the Table, they should also state whether they are telling for the Contents or Not-Contents. This instruction should be included in the " Instructions to Tellers ", which are kept on the Table of the House, and recorded in the Companion.

THE EARL OF LISTOWEL

My Lords I beg to move that this Report be now agreed to.

Moved, That the Report be agreed to —(The Earl of Listowel.)

On Question, Motion agreed to.