Civil Contingencies Bill – in a Public Bill Committee at 4:15 pm on 10 February 2004.
Mr Richard Allan
Shadow Spokesperson for the Cabinet Office, Cabinet Office, Shadow Spokesperson (Business, Innovation and Skills), Shadow Spokesperson (Trade and Industry)
I am curious whether Clause 27 will not be out of date before it comes into force. When I looked at the red Annunciator screen earlier, it told me that the Lords Chairman was on the Woolsack, yet subsection (4) refers to the Lord Chancellor. I assume that that refers to the person who is the Speaker of the House of Lords. Can clause 27 stand?
Patrick Mercer
Conservative, Newark
I have a brief question. Clause 27(2) states:
''If when emergency regulations are made under section 19 the House of Commons stands adjourned to a day after the end of the period of five days''.
If there is an emergency, would not it be wiser to have a period of less than five days, as we will need to move extraordinarily quickly? Might not 48 hours be more suitable?
Alistair Carmichael
Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change)
4:30,
10 February 2004
Further to the point made by the hon. Member for Newark, it strikes me that a substantial part of what will be section 27 should also be incorporated in the Standing Orders of the House in the interests of completeness and clarity. That is where the proposal properly belongs; however, it should at least be cross-referenced.
Douglas Alexander
Minister of State (Cabinet Office) and Chancellor of the Duchy of Lancaster
I feel drawn to try to answer the charge laid at my door by the hon. Members for Newark and for Orkney and Shetland before I respond to the point made by the hon. Member for Sheffield, Hallam. Hon. Members could raise many concerns, but it is not reasonable to say that we failed to consult on this measure. We published a draft Bill in July; there was then a period of public consultation that lasted 10 weeks, until 11 September. After that, we moved on to pre-legislative scrutiny by the Joint Committee. With colleagues from Scotland, we are well versed in pre-legislative scrutiny, but it is not a process that has a long track record at Westminster. Those of us who were involved in it are, however, minded to view it as an exemplar of how effective it
can be. If it leaves the Minister with fewer sausages for the Committee stage, given the degree to which one has been able to anticipate its appetite, so be it.
The idea that there was once merit in introducing vast numbers of amendments in Committee or in the other place, as distinct from getting the Bill right in the first place as a result of effective pre-legislative scrutiny or drafting, may simply reflect the need for us all to update our thinking on when is the appropriate stage for amendments, concessions or points of clarity.
Notwithstanding all that, we continue to be open to points made in Committee. As evidence of that, I will respond to the hon. Member for Sheffield, Hallam, who raised a reasonable point, not least given the appearance of one of my distinguished ministerial colleagues on ''Newsnight'' last night to discuss the role of the supreme court and the Lord Chancellor. If those reforms find full expression, it will be necessary for us to revisit the position in respect of the Lord Chancellor. The reference to the Lord Chancellor as Speaker of the House of Lords may need to be changed following future constitutional developments. The hon. Gentleman makes a fair point, which I accept.
The hon. Member for Newark mentioned the time scale. Five days reflects the time scale set in the 1920 Act, which was the precedent for the Government's proposal. In the spirit of open discussion and candour that we have established, at least on this Clause, I will be happy to consider the hon. Gentleman's point.
Question put and agreed to.
Clause 27 ordered to stand part of the Bill.
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.
Prorogation takes the form of an announcement on behalf of the Queen by the Lord Chancellor in which he reviews the session's work.
Prorogation brings to an end parliamentary business for that sitting. There are some excpetions as to what Bills can be carried over to the next parliamentary session.
House of Parliament 'Major Parliamentary Occasions - http://www.parliament.uk/works/occasion.cfm#prorog
BBC News A-Z Parliament - http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/p-q/82524.stm
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 house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
MPs and peers who want to know what is being discussed in either the Commons or the Lords at any given moment can find out by watching the annunciators.
These are not individuals but television screens that are situated throughout the parliamentary buildings, in corridors and offices.
Apart from the time, they display written details of the business under discussion including the names of members participating in debates.
The annunciators also warn members when a division is about to take place.
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.
The House of Commons is one of the houses of parliament. Here, elected MPs (elected by the "commons", i.e. the people) debate. In modern times, nearly all power resides in this house. In the commons are 650 MPs, as well as a speaker and three deputy speakers.
The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.
The Chancellor - also known as "Chancellor of the Exchequer" is responsible as a Minister for the treasury, and for the country's economy. For Example, the Chancellor set taxes and tax rates. The Chancellor is the only MP allowed to drink Alcohol in the House of Commons; s/he is permitted an alcoholic drink while delivering the budget.
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.