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Last updated: 08 July 2009
Preparing measures for the “handout” list
48.1 In the House of Commons, on the first Thursday of each session a Private Members' Ballot is held to select 20 MPs who will be given the opportunity to introduce a Private Members' Bill that session. While many MPs who are successful in the Private Members' Ballot already have a good idea of what Bill they want to bring forward, some do not and may be receptive to suggestions of small, sensible measures put forward by Government.
48.2 Well in advance of the start of each session, the Chair of Legislation Committee invites departments to suggest possible measures of this sort for discussion with Members. Given the limited amount of Parliamentary time available for Private Members' Bills, measures for “handout” should be:
48.3 A good example would be a small measure the department would have liked to include in a recent Government Bill but was unable to do so because of the effect it would have had on the scope of the Bill, or the subject of a recent Private Members' Bill which the Government would have liked to have supported but was unable to do so because of technical issues, if a solution to these can be found.
48.4 In putting forward suggestions, departments are asked to consider the same issues that they would consider for any Government Bill, e.g. impact on the devolved administrations, compatibility with the ECHR, financial implications etc, and to set these out in a letter to Legislation Committee.
48.5 Legislation Committee will assess the suitability of suggestions from departments and draw up an approved list of measures. Once a department's suggestion is included on this list it will need to start preparing drafting instructions and submit these to Parliamentary Counsel as soon as possible.
48.6 Suggestions for additional measures for the next session may be made after the initial approved list has been drawn up or at any time of year; details should be sent to Legislation Secretariat.
48.7 The Government Whips (not departmental Ministers or officials) will discuss with those Members successful in the ballot whether any of the Government's proposals might be suitable for them to take forward. The Government Whips will discuss proposals with all Members successful in the ballot, and a “handout” Bill may be taken up by a non-Government MP.
48.8 If a “handout” Bill is not picked up by one of the Members successful in the ballot, it is still possible for another MP to introduce the Bill as an ordinary Presentation or “back of the Chair” Bill and for the Bill to reach Royal Assent. Ministers will wish to consider whether there are any MPs to whom the Bill would particularly appeal and who may wish to take it forward.
48.9 A Peer may also be interested in taking forward a “handout” proposal. A Private Members' Bill introduced in the Lords is less likely to reach Royal Assent than a PMB introduced in the Commons, because when it arrives in the Commons it will have to take its place on the order paper below Bills already listed for debate that day and may not be reached (whereas for PMBs starting in the Commons, time is normally found for them to be debated in the Lords as long as there is a theoretical prospect of the Bill becoming law, and all stages are usually taken on the floor, making for quicker progress through the House, assuming there are no objections). But the department may wish to consider this option if no MP has shown interest in picking up the Bill (though an MP would still have to be found to pick up the Bill when it arrived in the Commons after completing its Lords stages).
Working with the Member to finalise the text of the Bill
48.10 If a Bill is taken up, Parliamentary Counsel will draft long and short titles for the Member to present on the fifth sitting Wednesday of the session. Current practice is for Parliamentary Counsel to send the notice of presentation to the Government Whips' Office, which will then arrange for the Member to hand it in to the Public Bill Office. The notice of presentation should be with the Government Whips' Office at least two days before the fifth sitting Wednesday of the session, as this is the last day for handing in notice of presentation for ballot Bills.
48.11 As priority is given to Second Readings on the first seven Private Member's Bill Fridays, the first seven Members in the ballot will usually name those seven days for Second Reading, with those lower down in the top twenty in the ballot taking second or third place on the order paper for those days. A Private Members' Bill introduced on the fifth sitting Friday could have its Second Reading debate just a few weeks later or several months later.
48.12 During this time, the responsible department will need to be working with the Member, and external stakeholders where appropriate, and with Parliamentary Counsel to finalise the text of the Bill and resolve any issues, e.g. agreeing the nature of any impact on the devolved administrations. Before the draft text of a Bill is given to the Member who wishes to introduce it, the responsible departmental Minister must ensure that the policy has been fully agreed with colleagues, and that the Bill has been approved by Legislation Committee.
48.13 The Minister must write to Legislation Committee, covering the issues outlined in the Legislation Committee Memorandum template and attaching the draft text of the Bill, Explanatory Notes, an Impact Assessment and an ECHR Memorandum on the Bill's compatibility with the ECHR. Confirmation must be given that the devolution implications have been addressed and that policy clearance has been obtained.
48.14 The Public Bill Office will expect the text of the Bill to be published at least one week before the date scheduled for Second Reading debate. The Minister must also allow 10 days for colleagues to comment, two days for clearance to be arranged and sufficient time for the Member to approve the draft of the Bill before publication. This means that the letter to Legislation Committee must be sent at least one month in advance of Second Reading. It should be emphasised that publishing the Bill one week before Second Reading debate is the minimum acceptable period and wherever possible the Minister should aim to hand the text of the Bill to the Member to allow them to publish it well in advance of this.
Further action required by departments during Parliamentary passage of a “handout” Bill
48.15 During Second Reading debate the responsible Minister will be expected to indicate the Government's support for the Bill. The department will also have to be ready to offer some support (e.g. briefing) to the Member in charge of the Bill, at Second Reading debate and during the remainder of its Parliamentary passage.
48.16 Given that a “handout” Bill has been agreed by the Member in charge and the Government and drafted by Parliamentary Counsel, no amendments should be required after introduction unless responding to significant unforeseen points raised in debate, but if the Bill looks likely to complete its Commons stages and reach the Lords the Government may need to prepare a Delegated Powers Memorandum. See Further action required by departments where the Government is supporting a PMB for more detail. See also Further action required by departments for any PMB that looks likely to pass, irrespective of whether Government is supporting or opposing the Bill for detail of action required by departments in relation to Queen's Consent and Money Resolutions.
48.17 The Member in charge will need to find a Peer to agree to sponsor the Bill through the House of Lords. If no Peer is willing to pick up the Bill and take it through the Lords, the Bill will be unable to proceed. The department and Minister in charge, with the assistance of the Government Chief Whips Office, will therefore wish to assist the Member in identifying a Peer to pick up the Bill.
48.18 If the Bill reaches Royal Assent, the department must finalise the Explanatory Notes and send them to HMSO for publishing alongside the Bill, as if the Bill had been a Government Bill.