4. Conduct in the House
Self-regulation
Role of the Leader of the House, whips and Lord Speaker
Conduct in the House
Relevance
Order of speaking
Interruption of speeches
Speaking more than once
Attendance at debate
Virtual participation by disabled members
Length of speeches
Reading of speeches
Languages other than English
Reference to visitors
Speaking on behalf of outside interests
References in debate to the House of Commons
Maiden speeches
Valedictory speeches
Appellations
Personally insulting and offensive speeches (SO 31)
“That the noble Lord be no longer heard”
The next business motion
Closure
Sub judice
Ministerial accountability
Members and employees of public boards
Footnotes
Self-regulation
4.1 The House is self-regulating: the Lord Speaker has no power to rule on matters of order. In practice this means that the preservation of order and the maintenance of the rules of debate are the responsibility of the House itself, that is, of all the members who are present, and any member may draw attention to breaches of order or failures to observe customs.
4.2 If any member is in doubt about a point of procedure, the Clerk of the Parliaments and other clerks are available to give advice, and members of the House are recommended to consult them.(1)
Role of the Leader of the House, whips and Lord Speaker
4.3 The Leader of the House is appointed by the Prime Minister, is a member of the Cabinet, and is responsible for the conduct of government business in the Lords.(2) Because the Lord Speaker has no powers to rule on matters of procedure, the Leader also advises the House on procedure and order, and is responsible for drawing attention to violations or abuse. The Leader also expresses the sense of the House on certain formal occasions, such as motions of thanks or congratulation. However, like the Lord Speaker, the Leader is endowed with no formal authority.
4.4 The Leader, the Government Chief Whip and their offices are available to assist and advise all members of the House. Members greatly assist the effective conduct of the House’s business if they give as much notice as possible to the Leader and the Government Whips’ Office whenever they propose to raise any matter on which the Leader’s guidance might be required.
4.5 Another minister is usually appointed Deputy Leader of the House. In the Leader’s absence, the Deputy Leader takes responsibility for advising the House on matters of procedure and order. In the absence of both of them, this responsibility falls to the senior government whip present. The Opposition front benches, and the Convenor of the Crossbench Peers (if present), also have a responsibility to draw attention to breaches of order.
4.6 The role of assisting the House at question time rests with the Leader of the House, not the Lord Speaker.
4.7 At other times of day, the member on the Woolsack or in the Chair may assist the House by reminding members of the relevant parts of the Companion. Such assistance is limited to procedural advice and is usually given at the start of the business in hand. Assistance may be helpful at other stages when procedural problems arise.(3)
4.8 The Government Chief Whip advises the House on speaking times in debates. Reinforcing such time limits is handled by the front benches rather than the Lord Speaker, and any member can draw such advice to the attention of the House. Timed debates are brought to an end (if necessary) by the Lord Speaker on an indication from the Clerk at the Table.(4)
4.9 Interventions, in particular those calling attention to the failure of an individual member to comply with the practice of the House, for example when arguments deployed in committee are repeated at length on report, may come from the front benches or other members. Such interventions would not normally come from the Lord Speaker.
4.10 As indicated in paragraphs 1.53–1.55, the Lord Speaker’s function in the House is to assist, and not to rule. They observe the same formalities as any other member of the House, addressing the House as a whole, and not an individual member, and not intervening when a member is on their feet save to call on the next business as necessary. The House does not recognise points of order. Any advice or assistance given by the Lord Speaker is subject to the view of the House as a whole.(5)
Conduct in the House
4.11 When the House is sitting, all members should on entering the Chamber bow to the Cloth of Estate behind the Throne.(6) It is not the practice to do so on leaving. Members also bow to the Mace in procession, as a symbol of the authority of the Sovereign. All bows are made with the head and not the body.
4.12 SO 19(1) declares that members of the House “are to keep dignity and order, and not to remove out of their places without just cause, to the hindrance of others that sit near them, and the disorder of the House”. In practice, this means that members:
- must not move about the Chamber while a Question is being put from the Woolsack or the Chair;
- must not pass between the Woolsack or the Chair and any member who is speaking;
- must not pass between the Woolsack and the Table;(7) and
- must leave the Chamber quietly at the end of question time.
4.13 If members wish to speak to other members while the House is sitting, they should leave the Chamber. Members should not hold conversations in the space behind the Woolsack.(8)
4.14 Unless they are disabled, members of the House must speak standing, except by permission of the House.(9) Members who need temporary dispensation to speak from their seat should inform the clerks in advance.
4.15 Lords Spiritual wear robes of rochet and chimere in the Chamber, except if sitting on the steps of the Throne. They are expected to wear robes whenever possible in the division lobby.(10)
4.16 Lords Spiritual must speak from the Bishops’ benches, and no Lord Temporal may speak from there.(11)
4.17 No-one may speak from the gangways in the House.
4.18 Members address their speech to the House in general and not to any individual.(12) Thus the expressions used are: “Your Lordships”, “Your Lordships’ House” and “the noble Lord”, and not “you”.
4.19 Members should not bring into the Chamber:
- books and newspapers (except for papers specifically related to the debate);
- unopened correspondence; or
- briefcases and ministerial boxes.(13)
4.20 Exhibits should not be taken into the Chamber or produced in debate, whether to illustrate a speech or for any other purpose.
Use of electronic devices
4.21 Members and officials may use small electronic devices in the Chamber and Grand Committee for any purpose, provided that they are silent and are used with discretion.(14) Members making speeches may refer to electronic devices, subject to the rule against reading speeches (see paragraph 4.44).
4.22 Electronic devices may be used silently in select committee meetings, subject to the discretion of the Chair of the committee on a meeting-by-meeting basis.(15)
Relevance
4.23 Debate must be relevant to the Question before the House; and where more than one Question has been put, for example on an amendment, the debate must be relevant to the last Question proposed until it has been disposed of.(16)
Order of speaking
4.24 When two or more members rise to speak, the House determines who is to speak. This may, if necessary, be decided upon a motion that one of the members “be now heard”. It is customary for speakers from different parties or parts of the House to take turns.
Speakers’ lists
4.25 For most debates, a list of speakers is issued by the Government Whips’ Office(17) and published online.(18) Hard copies are also available from that Office, from the Printed Paper Office, the Royal Gallery, the Prince’s Chamber and Peers’ Lobby. This list is drawn up after consultation through the usual channels. Members wishing to speak should put their names on the speakers’ list at any time before 6pm, two working days before the item of business is to be taken (4pm if that day is a Friday). If a speakers’ list has been open for less than a sitting day, the list closes at 12 noon on the day of the debate.(19) Members should remove their names from the list if they become aware in advance that they are unlikely to be able to stay until the end of a debate (see paragraph 4.32).
4.26 Any member whose name is not on the published list may still take part, if time allows, by speaking ‘in the gap’; that is, before the winding-up speeches. They should inform the Table of their wish to do so, and have their name added in manuscript to the list. Any such speaker is expected to be brief (not longer than four minutes each or, in debates with a speaking limit of less than four minutes, not longer than that limit),(20) and should not take up time allotted to the winding up speeches (for which see paragraph 6.68). Members speaking in the gap are subject to the same rules on attendance at debate as members whose names are included in the speakers list.
4.27 It is not in order for a member to speak after the mover of a motion or an amendment has exercised their right of reply, except when the House is in committee.(21) It is not in order for members to continue the debate on a motion or a question for short debate after the Government’s reply has been given, save for questions to the minister ‘before the minister sits down’.(22)
4.28 When at the end of a debate the Question has been put, no member may speak.(23)
Interruption of speeches
4.29 A member of the House who is speaking may be interrupted with a brief question for clarification. Giving way accords with the traditions and customary courtesy of the House. It is, however, recognised that a member may justifiably refuse to give way, for instance when moving an amendment or motion, or in the middle of an argument, or to repeated interruption, or in time-limited proceedings when time is short. Lengthy or frequent interventions should not be made, even with the consent of the member speaking.
Speaking more than once
4.30 No member may speak more than once on any motion, except the mover in reply, or a member who has obtained the leave of the House. Such leave may be granted only to:
- a member to explain a material point of their speech, without introducing any new subject matter;
- the Senior Deputy Speaker, or in their absence a Deputy Chairman, and the Chair of a select committee on the report of such a committee; or
- a minister of the Crown.
4.31 When the House is in committee there is no restriction on the number of times a member may speak.(24)
Attendance at debate
4.32 A member of the House who is taking part in a debate (including general debates and debates on amendments or motions) should attend the start, end and greater part of that debate.(25) In addition, it is considered discourteous for members not to be present for at least the opening speeches, the speeches before and after their own, and for the winding-up speeches. Ministers may decide not to answer, orally or in writing, points made by a speaker who does not stay to hear the minister’s closing speech. Members who believe that they are unlikely to be able to stay to the end of a debate should not seek to participate in it (and if the debate has a speakers’ list, should remove their names from the list).
4.33 It follows from the preceding paragraph that a member who is unable to be present at a debate should not seek to have their speech read by another member; nor should members read speeches on behalf of other members who are not present at a debate.
4.34 There are reasons for these customs. Members who have missed the speeches before their own will not know what has already been said and so points may be repeated or missed. Members who leave soon after speaking are lacking in courtesy to others, who may wish to question, or reply to, points they have raised. Debate may degenerate into a series of set speeches if speakers do not attend throughout.
4.35 It is, however, recognised that some members may have commitments related to the committee work of the House which may prevent them from being able to attend as much of the debate as might otherwise be expected.
Virtual participation by disabled members
4.36 Members who are physically unable to attend the House on grounds of long-term disability may apply(26) for ‘eligible member status’. If this is granted they may participate either in person or virtually in proceedings in the Chamber or in Grand Committee.(27)
4.37 Virtual participation is subject to certain constraints. Eligible members may choose to participate virtually in all business of which there is sufficient notice:
(a) in business with a speakers’ list, eligible members should indicate that they wish to take part remotely when signing-up to speak;
(b) in business without a speakers’ list, eligible members should indicate their wish to take part remotely by a time agreed by the usual channels the previous working day.
4.38 Eligible disabled members who have given notice of their wish to intervene in oral questions, and, where there is sufficient notice to allow virtual participation, oral statements or repeated urgent questions are called on by the Lord Speaker at an appropriate point. This means that backbench remote participants, like those who are physically present, are not guaranteed an opportunity to speak, though it is expected that the sense of the House, assisted by the Leader of the House, will support their continuing full participation.(28) In other business with no speakers’ list, there is a fixed point at which eligible members participating remotely are called by the member on the Woolsack.(29)
4.39 Eligible members may vote electronically or by telephone whether on or off the parliamentary estate.(30)
Length of speeches
4.40 The House has resolved “That speeches in this House should be shorter”.(31) Long speeches can create boredom and tend to kill debate.
4.40A In debates at all stages on public bills other than second reading, all members opening or winding are expected to keep within 15 minutes, with the exception of ministers winding up who are expected to keep within 20 minutes. Other speakers are expected to keep within 10 minutes.
4.41 In other debates where there are no formal time limits,(32) members opening or winding up, from either side, are expected to keep within 20 minutes. Other speakers are expected to keep within 15 minutes, but shorter advisory limits may be adopted for backbench speakers (including those moving an amendment to a motion), with a view to managing the business on a given day. Such advisory limits are advertised on Today’s List and the annunciators.
4.41A The limits described in the preceding paragraphs are guidelines. The House expects them to be observed, but on occasion a speech of outstanding importance, or a ministerial speech winding up a long debate, may exceed them.
4.42 Clocks are installed under the galleries to time the length of speeches. The clocks are used principally to record:
- the length of speeches in all debates except debates on delegated legislation where there is no speakers' list;
- the total time taken for oral questions and debates on delegated legislation where there is no speakers’ list; and
- for ministerial statements, the length of the statement itself, the frontbench exchanges and the backbench exchanges.(33)
4.43 During debates in which speeches are time-limited, the clock display changes colour and flashes when a time limit or an advisory speaking time on a speech has been reached.
Reading of speeches
4.44 The House has resolved that the reading of speeches is “alien to the custom of this House, and injurious to the traditional conduct of its debates”.(34) It is acknowledged, however, that on some occasions, for example ministerial statements, it is necessary to read from a prepared text. In practice, some speakers may wish to have ‘extended notes’ from which to speak, but it is not in the interests of good debate that they should follow them closely.(35)
Languages other than English
4.45 Languages other than English should not be used in debate, except where necessary. The use of the Welsh language is permitted for the purpose of committee proceedings held in Wales.(36) Committees may take oral evidence in another language, or in British Sign Language (BSL), through interpretation; and accept written evidence originating in another language or BSL if accompanied by a translation into English.(37) Such an approach should be adopted only when the alternative would be to lose the opportunity to hear key evidence.
Reference to visitors
4.46 It is not customary for visitors to be referred to, whether in the public gallery or in any other part of the Chamber, except for the purpose of a motion for the withdrawal of all visitors.(38)
Speaking on behalf of outside interests
4.47 When speaking in the House, members speak for themselves and not on behalf of outside interests. They may indicate that an outside body agrees with the substance of their views but they should not read out extended briefing material from such bodies.(39)
References in debate to the House of Commons
References to the House of Commons and its members
4.48 The House of Commons may be referred to by name, rather than as “the other place” or “another place”.
4.49 Members of the House of Commons are referred to by their names, and not by reference to their constituencies.(40) Ministers may be referred to by their ministerial titles. Additional descriptions such as “Right Honourable”, “Honourable” and “Learned” are not used, except when referring to ministerial or party colleagues in the House of Commons as “Right Honourable” or “Honourable” friends.
Personal criticism of members of the House of Commons
4.50 No member of the House of Commons should be mentioned by name, or otherwise identified, for the purpose of criticism of a personal, rather than a political, nature. Public activities by members of the House of Commons outside their parliamentary duties may be referred to.
Criticism of Commons proceedings
4.51 Criticism of proceedings in the House of Commons or of Commons Speaker’s rulings is out of order, but criticism may be made of the institutional structure of Parliament or the role and function of the House of Commons (see also paragraphs 6.20 and 6.22, in relation to the wording of questions).
Maiden speeches(41)
4.52 It is usual for a member making a maiden speech not to be interrupted and to be congratulated by the next speaker only,(42) on behalf of the whole House, plus the front benches if they wish.(43) It is therefore expected that a member making a maiden speech will do so in a debate with a speakers’ list, so that the House may know that the conventional courtesies apply. In return, the maiden speaker is expected to be short (within the advisory speaking time or, if there is none, less than 10 minutes) and uncontroversial. The maiden speaker should refrain from expressing views in terms that would ordinarily provoke interruption. Maiden speeches are marked as such in the Official Report.(44)
4.53 Members of the House who have not yet made their maiden speech may not table oral questions or questions for short debate, or introduce bills, table amendments or add their name to amendments, but they may table questions for written answer and act as a supporter for an introduction.
Conduct in the House during maiden speeches
4.54 When a maiden speech is being made, and during the following speaker’s congratulations, members of the House are expected to remain in their seats and not leave the Chamber. Those entering the Chamber are expected to remain by the steps of the Throne or below the Bar.
Valedictory speeches(45)
4.55 A member who has given written notice of their resignation under section 1 of the House of Lords Reform Act 2014 may make a valedictory speech before the resignation takes effect. Such speeches are subject to the same guidance, and attract the same courtesies, as maiden speeches. Valedictory speeches are marked in the Official Report.
Appellations(46)
4.56 The proper ways of referring to other members of the House in debate are given in the table below. There is no need to include the name of the member being referred to if their identity is clear from the context.
4.57 When any peer who has a higher title than that by virtue of which they sit in Parliament is named in any record of proceedings of the House or of a committee, the higher title alone is used. When such a peer takes the oath of allegiance, the title or dignity by which they sit in Parliament is added in brackets.(47)
|
Member |
Appellation |
|
Archbishop of the Church of England |
“the most reverend Primate, the Archbishop of …” |
|
Bishop of the Church of England |
“the right reverend Prelate, the Bishop of …” |
|
Duke |
“the noble Duke, the Duke of …” |
|
Marquess |
“the noble Marquess, Lord …” |
|
Earl |
“the noble Earl, Lord …” |
|
Countess |
“the noble Countess, Lady …” |
|
Viscount |
“the noble Viscount, Lord …” |
|
Baron |
“the noble Lord, Lord …” |
|
Baroness or Lady |
“the noble Baroness, Lady …” or “the noble Lady, Lady …” |
|
Members with rank of Admiral of the Fleet, Field Marshal or Marshal of the Royal Air Force, members who have held the office of Chief of the Defence Staff, and holders of the Victoria or George Cross |
“the noble and gallant …” (service rank is not referred to)(1) |
|
Law Officers of the Crown, judges of superior courts in the United Kingdom (High Court and above),(2) former holders of these offices or former Lords of Appeal(3) |
“the noble and learned …” |
|
Archbishops of other churches who are members of the House |
“the noble and most reverend …” |
|
Bishops of other churches who are members of the House |
“the noble and right reverend …” |
|
Former archbishops or bishops who are members of the House |
“the noble and right reverend …”(4) |
|
Fellow member of a party or group |
“my noble friend” (instead of one of the above descriptions) |
|
Relatives |
“my noble kinsman/kinswoman …” or “my noble relative …” (precise relationship is not mentioned) |
(1) Procedure 1st Rpt 1969–70; 2nd Rpt 1988–89.
(2) Procedure 1st Rpt 1964–65; 1st Rpt 1969–70.
(3) As defined in the Appellate Jurisdiction Act 1876. The Act was repealed with effect from 1 October 2009, but members who formerly fell within the definition of “Lord of Appeal” under that Act remain entitled to the appellation “noble and learned”.
(4) Procedure 1st Rpt 1974–75.
Personally insulting and offensive speeches (SO 31)
4.58 When debate becomes heated, it is open to any member of the House to move “that the Standing Order on Personally insulting and offensive speeches be read by the Clerk”. Standing Order 31 can be read only on a motion agreed to by the House, and this motion is debatable. The motion is rare.(48)
“That the noble Lord be no longer heard”
4.59 If in a speech a member is thought to be seriously transgressing the practice of the House, it is open to another member to move “that the noble Lord be no longer heard”. It is not necessary for there to be a Question before the House before this motion is moved. The motion, however, is very rare; it is debatable and seldom needs to be decided on Question since members generally conform to the sense of the House as soon as this sense becomes clear.(49)
4.60 The effect of agreeing to this motion is to prohibit the member in question from speaking further on the Question before the House which was being debated, but not on any subsequent Question.
The next business motion
4.61 A member who does not wish the House to record an opinion on a motion may, at any time during the course of the debate once the Question has been put, move “That the House do proceed to the next business”.(50) Use of this motion is very rare and any member who intends to move it is encouraged to give notice.
4.62 A next business motion supersedes the original motion before the House and, if it is agreed to, the Question on the original motion is not put, and the debate ends. If it is disagreed to, the debate on the original motion is resumed and the Question is put in the usual way.
4.63 The next business motion is debatable and, since it cannot be debated without reference to the original motion, the subject matter of both motions may be debated together.
4.64 The next business motion is not allowed on an amendment; although, after an amendment has been agreed to, it may be moved on the original motion as amended. It may not be moved in any committee of the House.
Closure(51)
4.65 The Closure, that is, the motion “that the Question be now put”, is not debatable and so requires an immediate conclusion. It can only be moved once the Question on the motion before the House has been put for the first time. If carried, it compels the House at once to come to a decision on the original motion. It should be an exceptional procedure,(52) so when a member seeks to move the Closure, the member on the Woolsack or in the Chair draws attention to its seriousness, and gives the member concerned the opportunity to reconsider, by reading the following paragraph to the House before the Question is put:
[To be read slowly] “I am instructed by order of the House to say that it will only accept the motion “That the Question be now put” in circumstances where it is felt to be the only means of ensuring the proper conduct of the business of the House; further, if a member who seeks to move it persists in his intention, the practice of the House is that the Question on the motion is put without debate.”
4.66 If the member of the House who is seeking to move the Closure persists, the member on the Woolsack or in the Chair must put and complete the Question forthwith without debate, in the following terms: “The Question is that the Question be now put.”
4.67 If the Closure is carried:
(a) the member on the Woolsack or in the Chair remains standing after announcing the result and immediately puts and completes the original Question without further debate;
(b) the original motion cannot be withdrawn because the House has decided that the Question be now put; and
(c) the member on the Woolsack or in the Chair may not put any other Question until the original Question has been disposed of.
Sub judice
4.68 The privilege of freedom of speech in Parliament places a corresponding duty on members to use the freedom responsibly. This is the basis of the sub judice rule. Under the rule both Houses abstain from discussing the merits of disputes about to be tried and decided in the courts of law.
4.69 The House of Lords adopted a resolution on sub judice on 11 May 2000. The resolution, as amended, is as follows:
“That, subject to the discretion of the Lord Speaker,(53) and to the right of the House to legislate on any matter or to discuss any delegated legislation, the House in all its proceedings (including proceedings of committees of the House) shall apply the following rules on matters sub judice:
(1) Cases in which proceedings are active in United Kingdom courts shall not be referred to in any motion, debate or question.
(a) (i) Criminal proceedings are active when a charge has been made or a summons to appear has been issued, or, in Scotland, a warrant to cite has been granted.
(ii) Criminal proceedings cease to be active when they are concluded by a verdict and sentence or discontinuance, or, in cases dealt with by courts martial, after the conclusion of the mandatory post-trial review.
(b) (i) Civil proceedings are active when arrangements for
the hearing, such as setting down a case for trial,(54) have
been made, until the proceedings are ended by judgment
or discontinuance.
(ii) Any application made in or for the purposes of any civil
proceedings shall be treated as a distinct proceeding.
(c) Appellate proceedings, whether criminal or civil, are active from the time when they are commenced by application for leave to appeal or by notice of appeal until ended by judgment or discontinuance.
But where a ministerial decision is in question,(55) or in the opinion of the Lord Speaker a case concerns issues of national importance such as the economy, public order or the essential services, reference to the issues or the case may be made in motions, debates or questions.
(2) Specific matters which the House has expressly referred to any judicial body for decision and report shall not be referred to in any motion, debate or question, from the time when the Resolution of the House is passed, until the report is laid before the House.
(3) For the purposes of this Resolution—
(a) matters before Coroners Courts or Fatal Accident Inquiries shall be treated as matters within paragraph (1)(a); and
(b) “question” includes a supplementary question.”(56)
4.70 The House has agreed that the practice governing motions and questions relating to matters sub judice should be similar in both Houses of Parliament.(57) It is desirable that each House should be in the same position to debate a sub judice matter when the circumstances warrant it.
4.71 The rules governing sub judice do not apply to bills, Measures or delegated legislation or to proceedings on them. Nor do they apply to matters being considered by departmental inquiries and the like; but it is recognised that Parliament should not generally intervene in matters where the decision has been delegated to others by Parliament itself.
4.72 The Lord Speaker must be given at least 24 hours’ notice of any proposal to refer to a matter which is sub judice. The exercise of the Lord Speaker’s discretion may not be challenged in the House.(58)
4.73 Members should also respect United Kingdom court orders which are no longer sub judice and should be careful that in exercising their undoubted right to free speech in Parliament they have due regard to the relationship between Parliament and the courts. The clerks are available to give advice. Members should also bear in mind their personal responsibility to respect the provisions of primary legislation.
Ministerial accountability
4.74 The House has resolved that the following principles should govern the conduct of ministers of the Crown in relation to Parliament:
(1) ministers have a duty to Parliament to account, and be held to account, for the policies, decisions and actions of their departments and executive agencies;
(2) it is of paramount importance that ministers should give accurate and truthful information to Parliament, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead Parliament will be expected to offer their resignation to the Prime Minister;
(3) ministers should be as open as possible with Parliament, refusing to provide information only when disclosure would not be in the public interest;
(4) ministers should require civil servants who give evidence before parliamentary committees on their behalf and under their directions to be as helpful as possible in providing accurate, truthful and full information; and
(5) the interpretation of “public interest” in paragraph (3) shall be decided in accordance with statute and the Government’s Code of Practice on Access to Government Information;(59) and compliance with the duty in paragraph (4) shall be in accordance with the duties and responsibilities of civil servants set out in the Civil Service Code.(60)
Members and employees of public boards
4.75 Members of the House of Lords who are members of, or employed by, public boards, executive agencies or other public bodies,(61) whether commercial or non-commercial in character, are not by reason of such membership debarred from exercising their right to speak in the House of Lords, even on matters affecting the bodies with which they are associated; and it is recognised that, in the last resort, only the members concerned can decide whether they can properly speak on a particular occasion.(62) Such members are subject to the normal rules on registration and declaration of interests (see paragraph 5.1).
4.76 The following guidance (known as the ‘Addison Rules’), based upon that given in 1951 by the then Leader of the House, Viscount Addison, after consultation and agreement between the parties, may be helpful to members of the House who are considering whether or not to take part in a particular debate:(63)
(a) when questions affecting public boards(64) arise in Parliament, the Government alone are responsible to Parliament. The duty of reply cannot devolve upon members of public boards who happen to be members of the House of Lords;
(b) it is important that, except where otherwise provided, public boards should be free to conduct their day-to-day administration without the intervention of Parliament or ministers. If board members who happen also to be members of the House of Lords were to give the House information about the day-to-day operations of the board or to answer criticism respecting it, the House would in fact be exercising a measure of parliamentary supervision over matters of management. It would also be difficult for the responsible minister not to give similar information to the House of Commons;
(c) there is no duty upon board members to speak in any debate or to answer questions put to them in debate. Nor should the fact that a member spoke in a particular debate be regarded as a precedent for that member or any other member to speak in any other debate; and
(d) the foregoing applies only to debates relating to public boards. Experience acquired as a member of a public board will often be relevant to general debates in which the same considerations do not arise, and the contributions of board members who are members of the House may be all the more valuable because of that experience.
Footnotes
1 Procedure 2nd Rpt 1981–82.
2 Procedure 2nd Rpt 1981–82; 1st Rpt 1987–88.
3 Report of the Select Committee on the Speakership of the House, 2005–06, paragraph 17.
4 SO 36.
6 SO 19(2).
7 Procedure 3rd Rpt 1995–96.
8 SO 20.
9 SO 25.
10 Procedure 3rd Rpt 1990–91.
11 See paragraph 1.68.
12 SO 26.
13 Procedure 1st Rpt 1969–70.
14 Administration and Works Committee 2nd Rpt 2010–12.
15 Administration and Works Committee 2nd Rpt 2010–12.
16 SO 27.
17 Procedure 2nd Rpt 1966–67; 2nd Rpt 1971–72.
18 https://www.lordswhips.org.uk/speakers-lists
20 Procedure 3rd Rpt 1995–96.
21 Procedure 1st Rpt 1978–79.
22 Procedure 1st Rpt 1977–78.
23 SO 28.
24 SO 29.
25 Procedure 1st Rpt 1969–70; 1st Rpt 1987–88; 3rd Rpt 1995–96; 1st Rpt 1998–99; 1st Rpt 2002–03.
Each day of a debate on the King’s Speech is treated as a separate debate and thus a member who is taking part in the debate on any given day should be present for at least the opening speeches, the speeches before and after their own, and for the winding-up speeches on that day.
26 Applications for eligible member status are considered and decided by the Additional Support Group, appointed by the Commission.
27 SO 24A.
28 Procedure and Privileges 4th and 5th Rpts 2021–22.
29 Procedure and Privileges 1st Rpt 2021–22.
30 See paragraph 7.11 (chapter 7).
31 LJ (1964–65) 386.
32 For length of speeches in time-limited proceedings see paragraph 6.68; in questions for short debate see paragraph 6.47.
33 Procedure 6th Rpt 1971–72; 1st Rpt 1982–83.
34 LJ (1935–36) 241.
35 Procedure 1st Rpt 1969–70; 4th Rpt 1992–93.
38 Procedure 1st Rpt 1980–81.
39 Procedure 1st Rpt 1969–70; 4th Rpt 1992–93.
40 Procedure 2nd Rpt 1991–92; 1st Rpt 1992–93.
41 Procedure 1st Rpt 1969–70.
42 In a time-limited debate, no extra time is allocated to the speaker following a maiden speech.
46 Procedure 1st Rpt 1969–70.
47 SO 7.
48 The last time such a motion was moved was 10 March 1998 (HL Deb. col. 167).
49 The last time that a member moved “That the noble Lord be no longer heard” was 15 July 2011 (HL Deb. col. 1031).
50 Procedure 5th Rpt 1971–72.
51 Procedure 1st Rpt 1960–61; 6th Rpt 1970–71.
52 Although it was used six times on 4 September 2019, during a debate on a business of the House motion tabled by the Leader of the Opposition.
54 There is no longer a procedure of ‘setting down’ a case for trial in civil procedure. Civil proceedings are now considered active when a date for a hearing has been fixed.
55 This covers a judicial review in which a minister is the defendant.
56 LJ (1999–2000) 389.
57 Procedure 1st Rpt 1963–64.
58 Procedure 1st Rpt 1994–95; Report of the Select Committee on the Speakership of the House of Lords, HL Paper 92, 2005–06.
59 This Code was superseded by the Freedom of Information Act 2000 and had no effect after
1 January 2005.
60 HL Deb. 20 March 1997, cols 1055–62; LJ (1996–97) 404.
61 This general term is deemed to include non-departmental public bodies, non-ministerial government departments and executive agencies.
62 Procedure 2nd Rpt 1970–71.
63 HL Deb. 21 March 1951, col. 1241.
64 The outdated term “public board” should be deemed to include non-departmental public bodies, non-ministerial government departments and executive agencies.