Council Rules of Debate: Right of Reply

CONSTITUTION COMMITTEE

DATE

COUNCIL RULES OF DEBATE: RIGHT OF REPLY

Purpose of the Report

1To present to Members a report for consideration in relation to the Right of Reply in connection with amendments to motions.

Background

2Some Members have expressed the view that the current Rules of Debate, as contained in the Council’s Constitution, should be amended to allow the movers of amendments to a motion the right of reply to the debate on their amendment. Officers were asked by the Constitution Committee at its meeting of 27 September 2007 to prepare a report for consideration.

3At the present time the Council Constitution states:

16.8 Right of reply

(a)The mover of a motion has a right to reply at the end of the debate on the motion, immediately before it is put to the vote.

(b)If an amendment is moved, the mover of the original motion has the right of reply at the close of the debate on the amendment, but may not otherwise speak on it.

(c)The mover of the amendment has no right of reply to the debate on his or her amendment.

(Middlesbrough Constitution, Part 4, p100)

4It is sub-paragraph (c) that Members have indicated they want changing, so that the mover of an amendment will, in future, have the right of reply to the debate on his or her amendment.

5Citrine’s ABC of Chairmanship (page 34) advises as follows:

“Like an original motion, an amendment must be moved, seconded and discussed in accordance with the (usual procedure). The mover of an amendment cannot, however, reply to the discussion on his amendment”

This advice is therefore consistent with the Council’s current rules of debate.

6In respect of rules of debate in the House of Commons Erskine May, the authoritative guidance on Parliamentary procedure, states that:

“A right of reply is allowed to a Member who has moved a substantive motion in the House ……… A Member who moves an amendment can only reply with the unanimous agreement of the House.”

(Erskine May, Parliamentary Practice, page 421)

Conclusions

7In many cases, written rules of debate have developed from custom and practice in the organisation concerned. There are no absolute ‘rights and wrongs’ in relation to rules of debate, and no legal considerations. The important point is that the rules of debate, whatever the Council agrees they should be, must be clearly set down in the Council’s Constitution, and consistently and equitably applied in practice.

Recommendations

8Members’ views are requested.

Chris Davies

Members’ Office Manager

Contact

(01642) 729704