Donna Tunnicliffe
The Legislative Process: A Seminar for Public Servants: 5 & 6 July 2006
Outline
- What is committee of the whole House (CWH)?
- The role of officials
- Pitfalls, pratfalls, and perils
- Limits on what CWH can do
- Amendments – admissibility, order of consideration, fiscal implications
- Advising your Minister
- Behaviour of officials in the Chamber
What is the committee of the whole House?
- A creature of the House
- Powers and functions derived from the House
- Reports to the House
- Detailed consideration of bill (and amendments)
- Chaired by Deputy Speaker or Assistant Speaker
- Minister at the Table
Limitations
- Considers only matters referred by House
- But can vary an instruction by unanimous agreement
- Dealing with disorder
- Cannot adjourn itself
- Cannot refer a matter to a select committee
The chairperson
- Sole judge of matters arising
- Relevance of debate
- Giving the call to speak
- Admissibility of amendments
- Termination of speeches
- Acceptance of closure
- Maintenance of order
- Calling the Speaker to rule
Instructions to committee of the whole House
- To consider a matter beyond its authority
- Amendments outside the scope of a bill
- To consider the bill in a certain way
- Only one instruction per member'
- Generally debatable
- Can be varied by leave in CWH
Considering bills in CWH
- Part by Part (the default provision)
- 5 minute speeches
- Closure of debate
- Voting on amendments
- Members’ amendments
- Minister’s amendments
- Schedules
- Preliminary clauses
- Dividing a bill
- Report to House
Amendments
- Supplementary Order Papers and other amendments
- Relevance of amendments
- Outside the scope
- Inconsistent with previous decision
- Amendments to other Acts
- Fiscal implications
- Amendments of member in charge of bill
- Government amendments
Amendments with fiscal implications
- Amendments with fiscal implications
- Appropriate advisers must be available for CWH stage
- 24-hour rule (SO 322)
- Chairperson rules out of order
- Chairperson acts on advice
- Lower test of fiscal impact
- Financial veto (SOs 318 – 321)
- May be debated
- No question put
Third reading and Royal assent
- Bill reprinted showing CWH amendments
- Minister’s responsibility to have available for third reading
- Timing of assent
- Order in which passed
- Size and complexity
- Availability of signatories
- Availability of statute copies
Officials in the Chamber
- Where to sit
- Dress standards
- The floor of the House
- Advising the Minister
- Demeanour