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House of Representatives                                Ch 7                                                 p 218

Formal business

There is a traditional practice in both Houses of the United Kingdom Parliament of reading a bill a first time pro forma before the Queen’s Speech is reported, in order to assert the right of each House to deliberate without reference to the immediate cause of summons. ¹ This practice has been adopted by the House of Representatives, the standing orders providing that ‘Before the Governor-General’s Speech is reported some formal business shall be transacted and the Prime Minister may announce his or her ministry’. ² Business which has preceded the reporting of the speech also includes announcements by the Prime Minister of other government party appointments and by the leaders of the other parties informing the House of their party appointments. A non-contentious bill, known as the ‘formal’ bill or ‘privilege’ bill, is then presented, usually by the Prime Minister. The bill is read a first time and the second reading made an order of the day for the next sitting. ³ The order of the day is placed on the Notice Paper and nowadays remains the last item of government business throughout the session, the bill lapsing at prorogation or dissolution.

There is no prescribed or traditional form or title for the ‘privilege’ bill. ⁴ In earlier times the ‘privilege’ bill has been passed into law, ⁵ although it was customary not to proceed beyond the first reading stage before consideration of the Governor-General’s speech. ⁶ However, in recent times it has been the practice for the ‘privilege’ bill not to proceed beyond the first reading stage even after consideration of the Governor-General’s speech. Although the ‘privilege’ bill is not proceeded with, its provisions may be incorporated in another bill introduced and passed later in the Parliament. ⁷

May , 23rd edn, p. 289. The practice is an expression of the House’s independence of the Crown and the Executive Government.

S.O. 6(a).

Eg. VP 2004-05/9.

 In contrast to the House of Commons where the bill is by ancient custom the Outlawries Bill. May , 23rd edn, p. 289.

The last occasion was in 1945.

H.R. Deb. (26.5.09) 31.

 E.g. provisions of the privilege bill of the 36th Parliament, the Parliamentary Presiding Officers Amendment Bill 1990, were included in the Parliamentary Presiding Officers Amendment Bill 1992.