Conventions
January 2, 2007
Labour’s constitutional reform package raises questions about the nature and existence of some constitutional conventions.
Relationship between the House of Commons and the House of Lords
The Joint Committee on Conventions addresses such questions under its remit:
“accepting the primacy of the House of Commons, … to consider the practicality of codifying the key conventions on the relationship between the two Houses of Parliament which affect the consideration of legislation, in particular:
(A) the Salisbury-Addison convention that the Lords does not vote against measures included in the governing party’s Manifesto;(B) conventions on secondary legislation; (C) the convention that Government business in the Lords should be considered in reasonable time; (D) conventions governing the exchange of amendments to legislation between the two Houses;”
See http://www.parliament.uk/parliamentary_committees/joint_committee_on_conventions.cfm
The Committee have now published a report of their findings, dated 3 November 2006.
http://www.publications.parliament.uk/pa/jt/jtconv.htm
(The report is fairly lengthy and contains weighty annexes – just read the relevant sections. For example, we talked in class about whether the Salisbury Convention would be undermined if we had an elected second chamber. See pp 24-31 Volume 1 of the November 3 2006 Report).
Scottish Devolution – the Sewel Convention
A Memorandum by the Scottish Executive describes the Sewel Convention as follows:
“The Sewel convention is part of the devolution settlement, and is reflected in the Memorandum of Understanding between the UK Government and the Devolved Administrations. The convention is that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. Where the Executive considers it appropriate that provisions on devolved matters should be included in a Westminster Bill, it will invite the Scottish Parliament to signify its consent to this by means of a Sewel motion, having explained the purpose and effect of the provisions in question in an Executive memorandum. If the Parliament approves a Sewel motion, the Minister for Parliamentary Business will write to the Leader of the House of Commons conveying the Parliament’s agreement and informing him of the terms of the Parliament’s resolution.”
