Allocation of time orders (guillotines)

Contents

28.26Agreements to constrain the time allocated to consideration of different stages of bills, and occasionally other kinds of business, were not traditionally part of the general procedure of the House. The allocation of time to a particular piece of business, or bill, was considered on a case-by-case basis and applied by a special order.

Regular use was made of allocation of time orders from their inception in 1887 with the Criminal Law Amendment (Ireland) Bill.1 Few sessions since the Second World War passed without one or more bills being subjected to them. With the advent of programming, the number of allocation of time motions has however significantly reduced.2

A motion for the allocation of time to a bill (or bills) sets out in detail some or all of the provisions which are to be made for further proceedings on the bill. It may apply to several bills jointly,3 and it may apply to a hybrid bill.4 Unlike a programme motion, it may be moved before second reading of the bill to which it relates and its modern usage is frequently to secure the timely passage of urgent legislation.5 Under Standing Order No 83, the Speaker is required to put any question necessary to dispose of an allocation of time motion made by a Minister not more than three hours after the motion has been entered upon. Such motions are amendable.6 Allocation of time motions generally provide for subsequent motions (with a more restricted time limit) varying or supplementing their provisions (see para 28.28 ). A motion under Standing Order No 15(2) to allow proceedings on a motion for allocation of time to commence or continue after the moment of interruption cannot extend the three hours allowed for the latter motion.7

If a bill before a public bill committee is the subject of an allocation of time order, Standing Order No 120 (Business Sub-Committees) applies and a detailed timetable is recommended to the public bill committee by the Business Sub-Committee.8 On occasions, however, Standing Order No 120 has expressly been disapplied by the terms of the allocation of time order, which has itself included a timetable for committee proceedings.9 Similarly, if a bill is not before a public bill committee, some or all of the details of the timetable may either be prescribed in the allocation of time order itself10 or they may be left to the Business Committee established under Standing Order No 8211 to recommend; the participation of the Business Committee is routinely excluded in cases where the order lays down a timetable.12

Time limits by which the reports of the Business Committee have to be made are usually prescribed in the order.13 The order may also provide for the variation of any report by a further report, whether or not within the above time limit, and whether or not the resolutions in the report have been agreed to by the House.14

Footnotes

  1. 1. CJ (1887) 284, 332.
  2. 2. The numbers of bills that were the subject of allocation of time orders in the last seven complete Parliaments were as follows: 28 in 1987–92; nine in 1992–97; 39 in 1997–2001; two in 2001–05; eight in 2005–10; nine in 2010–15 and one in 2015–17. Fuller details may be found in the published Sessional Returns.
  3. 3. Two bills, CJ (1908) 42; ibid (1961–62) 81; ibid (1975–76) 470, 473; ibid (1987–88) 787–88; three bills, ibid (1913) 193; ibid (1914) 204.
  4. 4. Cardiff Bay Barrage Bill, CJ (1992–93) 209.
  5. 5. For example, Northern Ireland (Welfare Reform) Bill (23 November 2015), Lords Spiritual (Women) Bill (19 January 2015), Succession to the Crown Bill (22 January 2013), Police (Complaints and Conduct) Bill (5 December 2012).
  6. 6. See Votes and Proceedings, 22 January 2013 for an example of an amendment selected, moved and withdrawn.
  7. 7. HC Deb (1977–78) 939, c 576.
  8. 8. See Erskine May (23rd edn, 2004), pp 818–19
  9. 9. For example, CJ (1991–92) 26–29; ibid 194–96.
  10. 10. For example, CJ (1981–82) 417; ibid (1986–87) 130.
  11. 11. For fuller information on the Business Committee, see Erskine May (24th edn, 2011), p 475.
  12. 12. For example, CJ (1990–91) 437–39; CJ (2002–03) 253–55, 384–86; Votes and Proceedings, 23 November 2015.
  13. 13. For example, CJ (1988–89) 101, 135.
  14. 14. For examples of reports varied by further reports see CJ (1985–86) 343–44, 363–64; ibid (1987–88) 378, 410. For a meeting of the Business Committee during an informal suspension of the House in order to vary its resolution agreed to by the House earlier that day, see HC Deb (1988–89) 147, cc 1004–19 and CJ (1988–89) 176–77.