Rationalising the Reference Back Procedure

Motion as passed by conference

Submitted by: Federal Conference Committee
Mover: Duncan Brack.
Summation: Cllr Nick da Costa (Chair, FCC).

Conference notes that:

1. While the ability to refer back a motion under discussion is an important part of conference procedures, due to the ease of submission compared to that of amendments, the procedure can be abused to submit references back which would be better dealt with through amendments.
2. This matters, because a motion referred back rather than amended must be brought back to a future conference, keeping other items off the agenda.
3. Therefore there is a strong case for harmonising the submission requirements and deadlines for references back with those for amendments.
4. This will also allow conference members to see and consider references back in advance of the debate rather than at the last minute during the debate.
5. The FPC's power to request references back of motions without the preliminary vote, contained in SO 11.3, has hardly ever been used and is unnecessary.
6. The standing orders relating to votes on reports are currently inconsistent with Article 6.5 of the constitution, which requires that reports should be approved, rejected or referred back with recommendations, whereas the standing orders allow only for approval or rejection.

Conference therefore agrees to the following amendments to conference standing orders:

1. In SO 11.2 (Reference back (moved by a voting member)), delete a) and b) and insert:
   1. A request to refer back a motion under debate may be submitted by any of the bodies or groups listed in Standing Order 1.3 b) for business motions and 1.3 d) for policy motions. The deadline for submission of such a request shall be the same as that for amendments to motions. In exceptional circumstances, the chair of the debate shall have discretion to accept a request for a reference back if it is received in writing after this deadline.
   2. The submission shall state to whom the motion is to be referred and shall include a statement of the reasons, including reasons why voting against the motion would not achieve a similar result, not exceeding 150 words.
   3. If more than one request is received with respect to a motion, the Committee (or the chair of the debate in the case of requests received after the deadline) shall decide which to take. No more than one request may be taken with respect to any motion.
       
2. In SO 11.2 c), lines 6-7, delete 'two minutes' and insert 'three minutes'.
    
3. Delete SO 11.3 (Reference back (moved by the Federal Policy Committee)).
    
4. Delete SO 12.5 (Approval or rejection of reports from Federal Party committees or sub-committees) and insert:

   
   12.5 Approval, rejection or reference back of reports from Federal Party committees or sub-committees

   1. Any report tabled by a Federal Party committee or sub-committee must be submitted for approval by the conference and must be voted upon accordingly. A voting member may move the rejection or reference back of any part of the report or the report as a whole.
   2. A voting member wishing to move a rejection shall submit a speaker's card prior to the commencement of the consideration of the report, stating the section(s) which they wish to have rejected. All moves to reject a report must be debated (except that the chair shall have discretion to choose between moves to reject the same part of the report), at the conclusion of the question session. The person who made the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
   3. A request to refer back any part of the report or the report as a whole may be submitted by any of the bodies or groups listed in Standing Order 1.3 b). The deadline for submission of such a request shall be the same as that for amendments to motions. In exceptional circumstances, the chair of the debate shall have discretion to accept a request for a reference back if it is received in writing after this deadline. A proposal to refer back shall include a written statement of the reasons, not exceeding 150 words, including reasons why rejecting the report would not achieve a similar result, together with any recommendations to the committee. The Committee or sub-committee tabling the report or, in the case of late submissions, the chair, shall decide how many references back to take if more than one is submitted. The representative of the body or group that submitted the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
5. Delete SO 12.6 (Receipt of reports from other bodies) and insert:

   
   12.6 (Receipt of reports from other bodies)

   1. Any report tabled by a body other than a Federal Party committee or sub-committee must be submitted for receipt by the conference and must be voted upon accordingly. A voting member may move not to receive, or to refer back, any part of the report or the report as a whole.
   2. A voting member wishing not to receive a report shall submit a speaker's card prior to the commencement of the consideration of the report, stating the section(s) which they wish not to receive. All moves not to receive a report must be debated (except that the chair shall have discretion to choose between moves not to receive the same part of the report), at the conclusion of the question session. The person who made the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
   3. A request to refer back any part of the report or the report as a whole may be submitted by any of the bodies or groups listed in Standing Order 1.3 b). The deadline for submission of such a request shall be the same as that for amendments to motions. In exceptional circumstances, the chair of the debate shall have discretion to accept a request for a reference back if it is received in writing after this deadline. A proposal to refer back shall include a written statement of the reasons, not exceeding 150 words, including reasons why not receiving the report would not achieve a similar result, together with any recommendations to the body or group tabling the report. The Committee or, in the case of late submissions, the chair, shall decide how many references back to take if more than one is submitted. The representative of the body that submitted the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.

Applicability: Federal.

Standing order amendments require a two-thirds majority to pass. 

The existing text of conference standing orders is available at www.libdems.org.uk/constitution.

Motion text prior to amendment

Submitted by: Federal Conference Committee
Mover: Duncan Brack.
Summation: Cllr Nick da Costa (Chair, FCC).

Conference notes that:

1. While the ability to refer back a motion under discussion is an important part of conference procedures, due to the ease of submission compared to that of amendments, the procedure can be abused to submit references back which would be better dealt with through amendments.
2. This matters, because a motion referred back rather than amended must be brought back to a future conference, keeping other items off the agenda.
3. Therefore there is a strong case for harmonising the submission requirements and deadlines for references back with those for amendments.
4. This will also allow conference members to see and consider references back in advance of the debate rather than at the last minute during the debate.
5. The FPC's power to request references back of motions without the preliminary vote, contained in SO 11.3, has hardly ever been used and is unnecessary.
6. The standing orders relating to votes on reports are currently inconsistent with Article 6.5 of the constitution, which requires that reports should be approved, rejected or referred back with recommendations, whereas the standing orders allow only for approval or rejection.

Conference therefore agrees to the following amendments to conference standing orders:

1. In SO 11.2 (Reference back (moved by a voting member)), delete a) and b) and insert:
   1. A request to refer back a motion under debate may be submitted by any of the bodies listed in Standing Order 1.3 b) for business motions and 1.3 d) for policy motions. The deadline for submission of such a request shall be the same as that for amendments to motions. In exceptional circumstances, the chair of the debate shall have discretion to accept a request for a reference back if it is received in writing after this deadline.
   2. The submission shall state to whom the motion is to be referred and shall include a statement of the reasons, including reasons why voting against the motion would not achieve a similar result, not exceeding 150 words.
   3. If more than one request is received with respect to a motion, the Committee (or the chair of the debate in the case of requests received after the deadline) shall decide which to take. No more than one request may be taken with respect to any motion.
       
2. In SO 11.2 c), lines 6-7, delete 'two minutes' and insert 'three minutes'.
    
3. Delete SO 11.3 (Reference back (moved by the Federal Policy Committee)).
    
4. Delete SO 12.5 (Approval or rejection of reports from Federal Party committees or sub-committees) and insert:

   
   12.5 Approval, rejection or reference back of reports from Federal Party committees or sub-committees

   1. Any report tabled by a Federal Party committee or sub-committee must be submitted for approval by the conference and must be voted upon accordingly. A voting member may move the rejection or reference back of any part of the report or the report as a whole.
   2. A voting member wishing to move a rejection shall submit a speaker's card prior to the commencement of the consideration of the report, stating the section(s) which they wish to have rejected. All moves to reject a report must be debated (except that the chair shall have discretion to choose between moves to reject the same part of the report), at the conclusion of the question session. The person who made the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
   3. A request to refer back any part of the report or the report as a whole may be submitted by any of the bodies listed in Standing Order 1.3 b) for business motions and 1.3 d) for policy motions. The deadline for submission of such a request shall be the same as that for amendments to motions. In exceptional circumstances, the chair of the debate shall have discretion to accept a request for a reference back if it is received in writing after this deadline. A proposal to refer back shall include a written statement of the reasons, not exceeding 150 words, including reasons why rejecting the report would not achieve a similar result, together with any recommendations to the committee. The Committee or, in the case of late submissions, the chair, shall decide how many references back to take if more than one is submitted. The representative of the body that submitted the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
       
5. Delete SO 12.6 (Receipt of reports from other bodies) and insert:

   
   12.6 (Receipt of reports from other bodies)

   1. Any report tabled by a body other than a Federal Party committee or sub-committee must be submitted for receipt by the conference and must be voted upon accordingly. A voting member may move not to receive, or to refer back, any part of the report or the report as a whole.
   2. A voting member wishing not to receive a report shall submit a speaker's card prior to the commencement of the consideration of the report, stating the section(s) which they wish not to receive. All moves not to receive a report must be debated (except that the chair shall have discretion to choose between moves not to receive the same part of the report), at the conclusion of the question session. The person who made the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
   3. A request to refer back any part of the report or the report as a whole may be submitted by any of the bodies listed in Standing Order 1.3 b) for business motions and 1.3 d) for policy motions. The deadline for submission of such a request shall be the same as that for amendments to motions. In exceptional circumstances, the chair of the debate shall have discretion to accept a request for a reference back if it is received in writing after this deadline. A proposal to refer back shall include a written statement of the reasons, not exceeding 150 words, including reasons why not receiving the report would not achieve a similar result, together with any recommendations to the body. The Committee or, in the case of late submissions, the chair, shall decide how many references back to take if more than one is submitted. The representative of the body that submitted the request shall speak and the mover of the report, or their nominee, shall reply. The chair may allow other speakers, and shall determine the time given to all speakers.
       

Applicability: Federal.

Standing order amendments require a two-thirds majority to pass. 

The existing text of conference standing orders is available at www.libdems.org.uk/constitution.

Amendments

Drafting Amendments

The FCC has agreed to make the following drafting amendments to the motion:

In 1. a) (line 29), 4. c) (line 67) and 5. c) (lines 102 and 115), after 'any of the bodies' insert 'or groups'.

In 4. c) (line 80) and 5. c) (line 115), after 'the body' insert 'or group'.

In 4. c) (line 77), after 'the committee' insert 'or sub-committee tabling the report'.

In 5. c) (line 112), after 'the body' insert 'tabling the report'.

In 4. c) (lines 68-69), delete 'for business motions and 1.3 d) for policy motions'.

In 5. c) (lines 103-104), delete 'for business motions and 1.3 d) for policy motions'.

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Mover: 5 minutes; all other speakers: 3 minutes. For eligibility and procedure for speaking in this debate, see page 8 of the agenda. 

The deadline for amendments to this motion, see pages 10–11, and for requests for separate votes, see pages 7–8 of the agenda, is 09.00 Thursday 12 September. Those selected for debate will be printed in Conference Extra and Saturday’s Conference Daily.