Lord Chelwoodasked Her Majesty's Government:
Whether they would regard the rejection by the House of Lords of an affirmative instrument activating Part II of the Rates Bill as consistent with constitutional propriety as well as politically acceptable; and what precedents there are since 1945 for the rejection of an affirmative instrument by the House of Lords.
§ The Lord President of the Council (Viscount Whitelaw)There is a well established convention that the House of Lords does not vote against the Second Reading of a mandated Government Bill. Since the House has always exercised restraint in the use of its powers in relation to subordinate legislation, it might be regarded as inconsistent with this convention if the House were to reject an affirmative instrument to implememt Part II of the Rates Bill, for which the Government have a specific electoral mandate.
Since 1945 only one affirmative instrument has been rejected in the House of Lords, namely, the Southern Rhodesia (United Nations Sanctions) Order 1968. The order was subsequently re-laid and agreed to.