Business of the House (Virtual Proceedings relating to the Committee stage of public bills and to Messages and First Readings)
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Baroness Evans of Bowes Park
That, further to the resolution of the House of 21 April, until further Order—
1. Committee stages of public bills may take place in Virtual Committee.
2. Such Proceedings shall follow, so far as practical, procedure in Grand Committee as modified by any guidance issued by the Procedure Committee.
3. A Virtual Committee is empowered to amend a bill, stand part its Clauses and Schedules, agree its Title and report it to the House.
4. No amendments may be tabled after the deadline prescribed by the Procedure Committee for consideration in Virtual Committee.
5. For the purposes of Standing Order 47(2) (Commitment of Bills) any motion to discharge an order of commitment is to be moved at a convenient point in physical proceedings, and Virtual Committee may be cancelled without motion if no amendments have been set down before the deadline for production of the Marshalled List.
6. Notwithstanding Standing Order 41(2) and (3), messages between the Houses may be sent and received, and a bill sent from the Commons may be read a first time, irrespective of the sitting of the House.
7. The provisions of this Order shall be applied in accordance with guidance issued under the authority of the Procedure Committee from time to time, which may vary the provisions of the Companion to the Standing Orders insofar as they apply to Virtual Proceedings.
The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
My Lords, from next Wednesday we will begin taking the Committee stages of public Bills virtually. These virtual Committees will constitute the Committee stages of these Bills in the same way a Grand Committee would in normal times and will be able to take decisions in the same way. I make it clear from the outset that while virtual Committee sittings will be time-limited, Committee stages will not: we do not time-limit the consideration of primary legislation and will not start now. More time will be found for any virtual Committees that take longer than expected, following discussions between the usual channels. This is the same process that has previously been followed when Bills are taken in the Chamber or the Moses Room.
Last Thursday, the Procedure Committee agreed the new temporary virtual procedures and has subsequently issued detailed guidance on how Committee stages will work. The guidance, including this Motion, was issued on Monday. I urge all noble Lords to familiarise themselves with the guidance. Notice of the first virtual Committee, due to take place next Wednesday, was given via last week’s Forthcoming Business. Subject to the overall cap I shall now set out, any Member of the House may take part in a virtual Committee. However, as with all our business at the moment, Members will need to sign up in advance to take part, and only those who do so will be able to participate in proceedings. Those taking part will also be asked to indicate in advance which amendment or groups of amendments they wish to speak to, in order for the digital service to ensure that Peers can be part of the broadcast proceedings. Those Members who table or add their names to amendments will be signed up automatically.
The deadline for tabling amendments for virtual Committees will be one day earlier than normal: 5 pm three working days before a virtual Committee is due to take place, or 4 pm if that day is a Friday or in recess. It will not be possible to table amendments once the deadline has passed, so that groupings can be agreed and Members signed up to participate in good time. Since the House returned on 21 April, we have steadily increased the amount and type of business we take virtually. Our Virtual Proceedings have become smoother as we have become used to them and they are now being broadcast to the public in the same way our physical proceedings are. It is necessary for Members to sign up in advance of Virtual Proceedings, so that the digital service and broadcasting team know which Members are taking part and can support them properly, as I am sure all noble Lords who have taken part in the proceedings so far have seen as they get ready to take part. Noble Lords who are not able to take part are, of course, able to view the proceedings, and the Procedure Committee, not the Government, has set the deadlines for signing up, as is right and proper.
I know that questions were raised in the previous discussion about time limits and caps on the numbers of Members who can participate. These are not arbitrary rules; there are reasons linked to the administrative and broadcast capabilities of the House. The House authorities, the digital service and the broadcast team are already working at maximum capacity. Staff across the House are working long hours, working in reduced teams so they can do their jobs while respecting social distancing, and travelling on public transport to get to the House to allow us to participate virtually. They are here. I am sure noble Lords all appreciate the huge effort they are putting in on our behalf, but we have to be mindful of the demands we put on them and make sure they are giving them the space and ability to do their jobs to the best of their ability, which is absolutely what they are doing. I place on record again my thanks to all those who have worked so hard, and continue to do so, to support us. I beg to move.
Amendment to the Motion
Baroness Evans of Bowes Park
I thank the noble Lord and the noble Baroness. I had of course made a note to thank all Peers across all Benches, including the Opposition Front Bench, and of course I thank my Ministers as well for everything they have done to contribute to these proceedings. I apologise for having failed to say that in my response last time, but I wholeheartedly support the words of the noble Baroness.
I will address some comments. Yes, we will be returning on Mondays. I think that was the correct date—I do not know all the dates in May off the top of my head. That will be published in Forthcoming Business and we will move towards four-day weeks from then. The usual channels will always keep business under review to make sure that we are doing everything we can. Obviously we will have to see how Committee stages work in virtual proceedings, but we want to balance scrutiny of government with making sure that legislation comes through, and those conversations will continue in the constructive way they always do.
Quite a lot of the comments of the noble Lord, Lord Adonis, are mentioned in the guidance, which will be circulated to all Peers. It probably has not been done yet, because we did not want to assume that this Motion would be passed, but as soon as it has been, the guidance will be published. If any noble Lords have further questions, please get in touch and we will clarify them. We have attempted to consider most issues, but I accept that we may not have considered some things. However, I can say to the noble Lord that, as the noble Baroness rightly said, post Committee we will move on to Report, and we have amended the rules to allow amendments in Committee to be brought back on Report if there is not unanimous support; so we are having a bit of flexibility and recognising the virtual proceedings.
The same rules apply to Virtual Proceedings as to Grand Committee, and we feel that there will be ample time for scrutiny. As I said, the noble Lord will see that the sessions for Committees are in one-and-a-half-hour slots, again for all the procedural reasons. Regarding Committee stage as a whole, we normally have various days in which to look at Bills in Committee, and that will continue. So while the sessions themselves may be time limited, that does not mean that Committee stage as such is time limited.
As I say, we are also looking at Report. Members of the commission will know that work is ongoing to build a remote voting function, which needs to be built now that the Commons have, I believe, got their system up and running and are planning to start using it. Some of the gremlins they faced have now been sorted out, and we will be building a similar system so that we will be able to vote as well.
I hope that that deals with all the issues but, as I say, guidance is being published, and if that does not answer all the questions, we will be happy to provide more detail. I beg to move.
Lord Adonis
The big question raised by what the Leader said—I will come back on one of the other points in a moment—is what will happen on Report. Can she give to the House an undertaking that there will be no Report on a Bill until we have a hybrid House, so we do not face the same issues on Report as she has just outlined in Committee about noble Lords needing to indicate in advance that they can participate? That is an absolutely crucial issue.
Baroness Evans of Bowes Park
I am afraid that I cannot make a commitment on a hybrid House, because I do not know when we are going to move to it or what the guidance will be. We are working towards facilities for a hybrid House at the moment, which we are all committed to, but I am afraid that I cannot make promises about how practical it will be, or anything on that basis. However, we will ensure that when Members wish to vote on proceedings on Report, we will have a system up and running to ensure that they can do that.