Committee of the whole
A committee of the whole is a meeting of a legislative or deliberative assembly using procedural rules that are based on those of a committee, except that in this case the committee includes all members of the assembly. As with other (standing) committees, the activities of a committee of the whole are limited to considering and making recommendations on matters that the assembly has referred to it; it cannot take up other matters or vote directly on the assembly's business. The purpose of a committee of the whole is to relax the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. Debates in a committee of the whole may be recorded but are often excluded from the assembly's minutes. After debating, the committee submits its conclusions to the assembly (that is, to itself) and business continues according to the normal rules.
In legislative assemblies in the Commonwealth of Nations, the
Australia
Since 1994, the
In the
In the state and territorial legislatures, the "consideration in detail" method is used in the Australian Capital Territory Legislative Assembly, New South Wales Legislative Assembly, Northern Territory Legislative Assembly, Legislative Assembly of Queensland, Victorian Legislative Assembly and Western Australian Legislative Assembly. All other chambers retain the committee of the whole procedure.
Canada
In the House of Commons of Canada, a Committee of the Whole is chaired by the deputy speaker or the deputy chair of committees. In the past, the Committee of the Whole considered a majority of bills, with few bills being sent to parliamentary committees. The increased workload of MPs has led to a decline in this use of the Committee of the Whole. Now the Committee of the Whole is used mostly for monetary bills and on rare occasions to expedite the passage of other legislation.[4]
On June 11, 2008,
At the provincial and territorial level, committees of the whole continue to be frequently used by jurisdictions with smaller legislative assemblies.
Hong Kong
In the Legislative Council of Hong Kong, when the debate of the second reading resumes, members debate the general merits and principles of the bill. At the committee stage, the Legislative Council becomes a "Committee of the whole Council" and goes through the bill clause by clause, making amendments where necessary. After the bill has passed through Committee with or without amendments, it proceeds to the third reading for passage by the Council.
United Kingdom
In the House of Commons of the United Kingdom, the Committee of the Whole House is used instead of a standing committee for the clause-by-clause debate of important or contentious bills. The Chairman of Ways and Means presides in this instance. The Committee originated as means to consider legislation without the presence of royal officers and without a formal record being made of the proceedings. The Speaker was not only relieved of his chair but also excluded from the chamber since he was then regarded as partial to the Crown.[6]
In the House of Lords, the Committee of the Whole House examines the majority of bills.
United States
The United States House of Representatives has one Committee of the Whole, called the "Committee of the Whole House on the State of the Union", with original consideration of all bills that include tax increase or outlay provisions. This committee also receives the President's State of the Union message and historically was responsible for dividing it among other committees, but that is no longer the case. The Speaker of the House designates a member to preside over the Committee, who is normally a member of the majority party who does not hold the chair of a standing committee. Other committees of the whole have existed historically but have been discontinued.
The United States Senate considered matters in Quasi-Committee of the Whole (described below) for 197 years from the 1st Congress in 1789 and ceased using it in 1986 during the 99th Congress.
Non-legislative use and variants
Under
Smaller assemblies can avoid the formalities of committing and reporting by considering a matter as if in a committee of the whole, or by considering it informally. Either option opens debate in the manner of the committee of the whole, but the presiding officer retains the chair. In the former case, also called a quasi-committee of the whole, all amendment adoptions are tentative and open debate ends when the assembly adopts a motion other than an amendment. The chair then announces the amendments that were adopted in quasi-committee, which are subject to a confirming vote. In the latter option, votes are binding on the assembly and any successful motion to dispose of the current
Going into a committee of the whole or quasi committee of the whole are alternatives to taking a straw poll (which is not allowed according to Robert's Rules).[8]
The Standard Code of Parliamentary Procedure rejects both the committee of the whole and quasi committee of the whole procedures as being outdated, and instead recommends the motion to consider informally in their place.
References
- ^ ISBN 978-1-74366-654-8. Retrieved 25 August 2022.
- ^ ANNOTATED STANDING ORDERS OF THE AUSTRALIAN SENATE Chapter 21 - Committees of the Whole, Parliament of Australia.
- ^ ANNOTATED STANDING ORDERS OF THE AUSTRALIAN SENATE Chapter 3 - Deputy President and Chairman of Committees: 11 Duty of Chairman, Parliament of Australia.
- ^ Jackson and Jackson, Politics in Canada, p. 320
- ^ Toronto Star, Jun 13, 2008 "NDP aide's Commons sense saved the day"
- ^ Campion, Gilbert (1958) An Introduction to the Procedure of the House of Commons 3rd ed.
- ISBN 978-0-306-82020-5.
- ^ Robert 2011, p. 429
Further reading
- J.R. Odgers, Australian Senate Practice (11th edition), Department of the Senate, Canberra, Chapter 14.