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Sessional Orders and Resolutions House of Commons Procedure Committee Sessional Orders and Resolutions Third Report of Session 2002–03 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 5 November 2003 HC 855 Published on 19 November 2003 by authority of the House of Commons London: The Stationery Office Limited £11.00 The Procedure Committee The Procedure Committee is appointed by the House of Commons to consider the practice and procedure of the House in the conduct of public business, and to make recommendations. Current membership Sir Nicholas Winterton MP (Conservative, Macclesfield) (Chairman) Mr Peter Atkinson MP (Conservative, Hexham) Mr John Burnett MP (Liberal Democrat, Torridge and West Devon) David Hamilton MP (Labour, Midlothian) Mr Eric Illsley MP (Labour, Barnsley Central) Huw Irranca-Davies MP (Labour, Ogmore) Eric Joyce MP (Labour, Falkirk West) Mr Iain Luke MP (Labour, Dundee East) Rosemary McKenna MP (Labour, Cumbernauld and Kilsyth) Mr Tony McWalter MP (Labour, Hemel Hempstead) Sir Robert Smith MP (Liberal Democrat, West Aberdeenshire and Kincardine) Mr Desmond Swayne MP (Conservative, New Forest West) David Wright MP (Labour, Telford) Powers The powers of the committee are set out in House of Commons Standing Orders, principally in SO No 147. These are available on the Internet via www.parliament.uk. Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at http://www.parliament.uk/parliamentary_ committees/procedure_committee.cfm. A list of Reports of the Committee in the present Parliament is at the back of this volume. Committee staff The current staff of the Committee are Simon Patrick and Jenny McCullough (Clerks) and Susan Morrison (Committee Assistant). Contacts All correspondence should be addressed to the Clerks of the Procedure Committee, Journal Office, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 3318; the Committee’s email address is [email protected] Sessional Orders and Resolutions 1 Contents Report Page Text of the Sessional Orders and Resolutions 3 Conclusions and recommendations 4 1 Introduction 5 2 Sessional Orders and Resolutions: General 5 3 Access to Parliament 7 Order relating to the Metropolitan Police 7 Parliament Square 8 Westminster Hall 10 Conclusions on the Sessional Order 10 Formal minutes 12 Witnesses 13 List of written evidence 13 Sessional Orders and Resolutions 3 Text of the Sessional Orders and Resolutions Elections,—Ordered, That all Members who are returned for two or more places in any part of the United Kingdom do make their Election for which of the places they will serve, within one week after it shall appear that there is no question upon the Return for that place; and if any thing shall come in question touching the Return or Election of any Member, he is to withdraw during the time the matter is in debate; and that all Members returned upon double Returns do withdraw till their Returns are determined. Resolved, That if it shall appear that any person has been elected or returned a Member of this House, or endeavoured so to be by bribery, or any other corrupt practices, this House will proceed with the utmost severity against all such persons as shall have been wilfully concerned in such bribery or other corrupt practices. Witnesses,—Resolved, That if it shall appear that any person has been tampering with any witness, in respect of his evidence to be given to this House, or any Committee thereof, or directly or indirectly has endeavoured to deter or hinder any person from appearing or giving evidence, the same is declared to be a high crime and misdemeanour; and this House will proceed with the utmost severity against such offender. Resolved, That if it shall appear that any person has given false evidence in any case before this House, or any Committee thereof, this House will proceed with the utmost severity against such offender. Metropolitan Police,—Ordered, That the Commissioner of the Police of the Metropolis do take care that during the Session of Parliament the passages through the streets leading to this House be kept free and open and that no obstruction be permitted to hinder the passage of Members to and from this House, and that no disorder be allowed in Westminster Hall, or in the passages leading to this House, during the Sitting of Parliament, and that there be no annoyance therein or thereabouts; and that the Serjeant at Arms attending this House do communicate this Order to the Commissioner aforesaid. Votes and Proceedings,—Ordered, That the Votes and Proceedings of this House be printed, being first perused by the Speaker. 4 Sessional Orders and Resolutions Conclusions and recommendations 1. We recommend that the formal first reading of the Outlawries Bill should continue (Paragraph 5). 2. The passing of the Sessional Orders and Resolutions relating to elections, witnesses and the Votes and Proceedings should be discontinued (Paragraph 9.a). 3. The House should decide, by agreeing to this Report, that all Members who are returned for two or more places in any part of the United Kingdom should choose for which of the places they will serve, within one week after it appears that there is no question about their election for that place (Paragraph 9.b). 4. The Sessional Orders and Resolutions should be replaced by a statement of the duties and responsibilities of Members, possibly the seven principles of public life as set out in the Code of Conduct together with historic claims to privilege including those of freedom of speech and freedom from legal challenge embodied in the Bill of Rights 1689; however, we believe that the details might be left to the Speaker’s discretion, perhaps after taking such soundings as seemed appropriate (Paragraph 10). 5. The Government should introduce appropriate legislation to prohibit long-term demonstrations and to ensure that the laws about access are adequate and enforceable. We also expect the appropriate authorities to explore fully the possibility of using existing legislation to control the use of loud-hailers and other amplification equipment; failing that, the Government should consider legislation on this subject (Paragraph 22). 6. We believe that legislation on demonstrations is the only way to ensure that the police have adequate powers to achieve the result intended by the Sessional Order. Without such legislation, the Sessional Order is misleading; with such legislation, it would be unnecessary (Paragraph 24). 7. Until the legislation comes into force, however, we believe that it would be sensible to continue with a Sessional Order, to reflect the House’s concerns and to act as a marker that it expects Members’ access to Parliament to be maintained as far as the existing law allows. (It would also act as an annual reminder that the new legislation had not yet come into force.) References to Westminster Hall and the precincts of the House could, however, sensibly be removed from the Order, and it might also be desirable to insert words to include the whole Parliamentary estate, rather than just the House itself. We therefore suggest that, until legislation is passed, the Order should take the following form: That the Commissioner of the Police of the Metropolis do take care that the passages through the streets leading to this House be kept free and open and that no obstruction be permitted to hinder the passage of Members to and from this House during the sitting of Parliament, or to hinder Members by any means in the pursuit of their Parliamentary duties in the Parliamentary Estate; and that the Serjeant at Arms attending this House do communicate this Order to the Commissioner (Paragraph 25). Sessional Orders and Resolutions 5 1 Introduction 1. At the beginning of each Session, just before the debate on the reply to the Queen’s Speech, the House agrees to three Orders and three Resolutions, set out on p 3. These relate to elections, witnesses, the Metropolitan Police, and the Votes and Proceedings. They have all been passed at the beginning of each Session for nearly two hundred years, some of them for even longer. 2. During a recent discussion with this Committee, the Speaker encouraged us to look at these Sessional Orders and Resolutions, to consider whether they should be abolished or updated, and, in particular, whether the Order requiring the Metropolitan Police Commissioner to prevent obstructions hindering access to the House by Members was appropriate, in the light of recent experience with demonstrations around the Houses of Parliament. The previous Clerk of the House, Sir William McKay, had also provided us with memoranda and suggested such an inquiry.1 3. We therefore decided to conduct a short inquiry into the Sessional Orders and Resolutions. We took evidence from the current Clerk of the House, Mr Roger Sands, and the Serjeant at Arms, Sir Michael Cummins. In relation to the Metropolitan Police Order, we took evidence from the Metropolitan Police Commissioner, Sir John Stevens, the Minister of State at the Home Office, Ms Hazel Blears, and some backbench Members of Parliament (Nicholas Soames, Jeremy Corbyn and Dr Jenny Tonge). We have been in correspondence with the Greater London Authority and received correspondence from the Sub-Dean of Westminster Abbey and several Members. To everyone who helped us with our inquiry, we express our thanks. 4. The remainder of this Report examines briefly the Orders and Resolutions relating to elections, witnesses and the Votes and Proceedings, and then considers the Metropolitan Police Order and related issues concerning demonstrations around the Houses of Parliament. 2 Sessional Orders and Resolutions: General 5.
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