– in the House of Commons at 1:41 pm on 10 June 2025.
Paul Holmes
Opposition Whip (Commons), Shadow Parliamentary Under Secretary (Housing, Communities and Local Government)
1:41,
10 June 2025
On a point of order, Madam Deputy Speaker. I have given the Speaker’s Office advance sight of this point of order on process, following proceedings last night in relation to new Clause 82 tabled to the Planning and Infrastructure Bill, which was not put for a separate decision. First, I want to say very clearly that this is no criticism or challenge of the decision of the Clerks, Deputy Chairs or Chairs, for whom I have immense respect, but it is a request for clarification on the process and the decision that was come to last night. With your indulgence, Madam Deputy Speaker, I would like to ask the following.
New clause 82 was accepted for a separate decision yesterday, and it was signed by over 70 Members of Parliament. The Member who tabled the new clause, Tom Hayes, had indicated outside the Chamber before the conclusion of the proceedings that he would not push the new clause to a vote, and that is his right. However, advice was given to the Chair that the Chair has discretion not to mention or put the Question at the conclusion of proceedings, despite the new clause being allocated for separate decision through the usual channels; thus, when the conclusion of proceedings came, there was no mention of new clause 82.
Precedent in this House says that another Member who has signed the Amendment can push the new clause to a vote. However, that option was not given to a Member who wished to do so and had signed the amendment. “Erskine May” states under paragraph 28.139, titled “Conclusion of proceedings on consideration”:
“If the time available for debate on consideration under the terms of a programme order has been exhausted, Standing Order No 83E is engaged. In order to bring proceedings to a conclusion, the Speaker must put forthwith the following questions (but no others):
a. any question already proposed from the Chair; b. any question necessary to bring to a decision a question so proposed; c. the question on any amendment, new clause or new schedule selected by the Speaker for separate decision; d. the question on any amendment moved or motion made by a Minister; and e. any other question necessary for the disposal of the business to be concluded.”
Another example comes in
“In respect of any motion or any bill under consideration on report or any Lords amendment to a bill, the Speaker shall have power to select the amendments, new clauses or new schedules to be proposed thereto.”
Sub-clause (5) states:
“The powers conferred on the Speaker by this order shall not be exercised by the Deputy Speaker save during the consideration of the estimates.”
I have a concern that this has set a precedent. Over 70 Members across the House who had signed a new clause did not have the chance to put it to a vote last night. The Member who tabled the clause spoke to it and outlined the measures that it would bring into the legislation. I am worried that Members from all parties across the House who have signed amendments and new clauses will not have the opportunity to put them to a vote just because the Chair decides they have the discretion to eradicate that Question from being put in the proceedings of this House. I would be grateful for your clarification, Madam Deputy Speaker, and maybe you could offer a meeting with the Principal Clerk, so that I can discuss my concerns about this issue.
Nusrat Ghani
Deputy Speaker and Chairman of Ways and Means, Chair, Parliamentary Works Estimates Commission, Chair, Parliamentary Works Estimates Commission
I thank the hon. Member for advance notice of his point of order. I can assure him and the House that nothing irregular or, indeed, unusual took place last night. It is usual for the Speaker to give provisional advance notice of amendments and new clauses that are expected to be selected for separate decision. However, it is not infrequent for the Chair to make changes based on new information that comes to light during the course of the debate, particularly when the lead signatory to an Amendment or new Clause indicates that they do not wish to move it.
Only an amendment or new clause that has been moved by a Member needs to be withdrawn with the leave of the House before the Question is put. This only applies to the lead amendment or new clause in any group. In this instance, the Member had not been called to move the new clause, so there was nothing to withdraw. It is wholly appropriate and normal for the Chair to decide not to call a new clause or amendment for a separate decision when the lead signatory has indicated they do not wish to move it. Ideally, this indication should have been made in the course of the debate by the Member who tabled the new clause. Paul Holmes knows very well how to touch base with the Table Clerks and the staff in the Speaker’s Office.
The Deputy speaker is in charge of proceedings of the House of Commons in the absence of the Speaker.
The deputy speaker's formal title is Chairman of Ways and Means, one of whose functions is to preside over the House of Commons when it is in a Committee of the Whole House.
The deputy speaker also presides over the Budget.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
