Factsheet P6 Procedure Series Revised August 2010 Contents Introduction 2 Estimates 2 Votes on account 2 Main Estimates 2 Revised and Supplementary Estimates 3 Excess Votes 3 Parliamentary consideration of estimates 4 Estimates Days 4 Formal Consent from the House of Lords 5 Evaluation of expenditure 5 Changes to the Supply Procedure 5 19th Century 5 Supply Guillotines 6 The changes of 1966 6 The changes of 1982 7 Recent changes 7 Resource Accounting 8 Contact information 9 Feedback form 10 August 2010 FS No.P1 Ed 3.3 ISSN 0144-4689 © Parliamentary Copyright (House of Commons) 2010 May be reproduced for purposes of private study or research without permission. Reproduction for sale or other commercial purposes not permitted. House of Commons Information Office Financial Procedure This Factsheet has been archived so the content and web links may be out of date. Please visit our About Parliament pages for current information. One of the main responsibilities of the House of Commons is to hold the Government to account for the way in which it spends money. This factsheet describes the various ways in which the Commons does this. This Factsheet is closely related to Factsheet P5 on Budgets and Financial Documents. 2 Financial Procedure House of Commons Information Office Factsheet P6 Introduction Financial procedure can be defined as the way in which Parliament scrutinises the spending decisions made by Government and the taxes imposed to fund that expenditure. The process can be looked at as being made up of a series of stages: Requests (Government) Approves (Commons) Consents (Lords) Evaluates (National Audit Office) Government requests the money necessary to meet its spending commitments amending these supply estimates as they are known, in the light of experience over the course of the year. The Commons approves these requests and the Lords gives formal consent to the Commons’ action. To support each request, the Government provides detailed information about what the money will be spent on, and who will be responsible for ensuring that it will be spent properly. If these requests are approved, an Act is passed to make the money available to the Government. The Act places certain limits on the way in which this money may be spent. After the expenditure has been incurred, it is audited and accounted for, to check that the amounts approved by Parliament have not been exceeded, and that the money has been spent on the purposes for which it was intended. This evaluation task is carried out by the National Audit Office, and the Select Committee established to monitor its work, the Public Accounts Committee. The whole process takes more than two years. This Factsheet will look at each of the stages of this process in turn starting with the Government requests for expenditure, the estimates. Estimates Votes on account Strictly speaking, the first stage of this process predates the presentation of the Main Estimates. Prior to the beginning of the financial year, the Government has to obtain approval for any expenditure it may incur over the first four months of the year between 6 April and sometime in July when the Appropriation Act is passed. This Act is so called because it sets out in detail how money for that year is to be appropriated between different departments and between different ends within a department. Technically, this request for an interim spending power is known as the Votes on Account. They are published in November at the same time as the winter supplementary estimates (see below). Around 45% of the previous year’s total estimates are covered by the Votes on Account. They must be agreed by 6 February. Main Estimates The Estimates set out the resource budgets for each government department. They are made up of a number of “Requests for Resource” (RfR) and show the total gross expenditure and appropriations-in-aid (income) for each RfR. Expenditure is authorised by the House of Commons by voting the Estimates. 3 Financial Procedure House of Commons Information Office Factsheet P6 The Main Estimates are now contained in four volumes. The first of these covers the main central government departments and there are separate volumes for the House of Commons, the National Audit Office and the Electoral Commission. There is a separate estimate for each government department and each one contains the following key facts: i. the net provision sought (i.e. the amount of expenditure in resource terms and the net cash requirement for the coming financial year); ii. a formal description of the services to be financed from the Estimate, known as its Ambit. The Ambit clearly indicates the scope of the expenditure to be financed from each RfR contained within the Estimate, including where appropriate associated noncash items. iii. the department which will account for the Estimate; and iv. any amounts, resources and cash, which have already been allocated to it in the Vote on Account. Part I of each estimate forms the basis of a Supply Resolution, which is usually voted on by the House of Commons before the end of July. A Consolidated Fund (Appropriation) Bill is then brought in and passed before Parliament rises for the summer recess (by 5 August). This bill becomes the Appropriation Act. It authorises the Government to spend the funds set out in its Main Estimates, and specifies the maximum amount of money that can be spent for each Estimate. The legal authority to draw down extra funds is provided by Parliament passing a Consolidated Fund Bill, which it does three times a year. In the summer the Act is simply incorporated into the Appropriation Act. Since the business for financial years may overlap, a single Consolidated Fund Bill could contain provision for the previous financial year, the current financial year and the year to come. Revised and Supplementary Estimates The Appropriation Act also allows the Government to draw down from the Consolidated Fund (the general ‘pot’ of tax receipts which funds all Government expenditure) any additional sums requested in the summer Supplementary Estimates. This is the first of the three annual revisions to the Main Estimates the Government may make. Revisions can also be made in the winter and spring (must be passed by 18 March) and separate Consolidated Fund Bills are passed for these. Revised Estimates affecting some expenditure may be presented to replace the original Estimate before the Supply Resolution is voted on. These can either reduce the provision sought in the original estimate or vary the way in which it is to be allocated. Excess Votes If expenditure on any RfR or the net cash requirement for an Estimate exceeds the provision voted, and it is too late to seek a Supplementary Estimate, the excess will appear in Schedule 1 of the Department’s resource account and will be reported to the Public Accounts Committee by the Comptroller and Auditor General. Subject to that report, the necessary provision is sought in an Excess Vote. The Treasury presents a Statement of Excesses to Parliament, usually in February of the following financial year at the same time as spring Supplementary Estimates. Funds (resources, cash or both) are then voted by 18 March (i.e. over 11 months after the end 4 Financial Procedure House of Commons Information Office Factsheet P6 of the financial year to which they relate). They are then appropriated in the following year’s Appropriation Act in July. Parliamentary consideration of estimates Estimates Days During the Parliamentary year the Commons sets aside three days, spread out through the calendar, to consider the supply estimates. One of these days may be taken as two half days and the two full days are often divided, so that two separate debates may take place. The choice of subject lies with the Liaison Committee which recommends, in effect, particular Select Committee Reports, which can be ‘pegged’ to an individual Estimate. The motion which the House debates is worded simply that the sum specified in the Estimates should be granted and is moved by a Minister, since financial initiative is a matter for the Crown. A Member may table an amendment to such a motion seeking a reduction in the sum, but cannot recommend an increase. A token reduction of £1,000 is often sought and is often “in respect of” a particular RfR area within the Estimate. The question on the motion is put at the moment of interruption1, even if the debate was a half-day one. All other outstanding Estimates may be approved, in aggregate, without debate, at this time. Two things are worthy of note at this point. First, the supply estimates are not the only financial report to Parliament. Each year, every department produces an annual report, which deals with the department's activities of the preceding twelve months and sets out its plans for the future. Indeed, these provide the best source for ascertaining how a department is spending its budget. These are usually examined by the relevant departmental select committee. Second, the wording of the motion used when the House debates an individual Vote is very restrictive. The motion is put down by the Financial Secretary to the Treasury and will set out the total expenditure under the vote and the Department responsible. For instance, the first half of the first estimates day of 2001-02 was on the World Athletic Championships. The motion was on the 2002/03 Vote on Account for all expenditure by the Department for Culture, Media and Sport: That resources, not exceeding £1,489,011,000, be authorised, on account, for use during the year ending on 31st March 2003, and that a sum, not exceeding £1,488,290,000, be granted to Her Majesty out of the Consolidated Fund, on account, for the year ending on 31st March 2003 for expenditure by the Department for Culture, Media and Sport. Some further information about the debate is also given on the order paper including the area of the Estimate that is under discussion and any relevant documents. For the debate on the World Athletic Championships the information was: 1 10pm on Monday, 7pm on Tuesday and Wednesday and 6pm on Thursday. Estimates Days do not take place on Fridays. 5 Financial Procedure House of Commons Information Office Factsheet P6 This Vote on Account is to be considered in so far as it relates to policy towards the staging of the world athletics championships in the United Kingdom (Resolution of 26th November). Relevant documents: First Report from the Culture, Media and Sport Committee, Session 2001-02, on Unpicking the Lock: the World Athletics Championships in the UK, HC 264; and The Department for Culture, Media and Sport: Annual Report 2001, Cm 5114. After the two Estimates for discussion have been voted on, all other outstanding Estimates are voted on formally, without debate. The Consolidation and Appropriation Bills are set down for a second reading on a day soon after the relevant Estimates have been agreed. The process is formal: there will be no debate on any of the stages, and each stage will go through ‘on the nod’. Formal Consent from the House of Lords After the passage of the Appropriation and Consolidated Fund Bills in the House of Commons, the House of Lords must give their consent for the bills to receive royal assent. This stage is purely formal; in financial matters the Lords’ have no parliamentary power to overturn the Commons’ approval. Evaluation of expenditure After the end of the financial year, the National Audit Office (NAO) audits the Government’s spending for that year. The NAO is an independent body, headed by the Comptroller and Auditor General with direct responsibility to Parliament. Each Estimate which the Government presented is examined, and an Appropriation Account is produced, to show exactly how this money was spent, and if it was spent for those reasons it was appropriated for; i.e. by the relevant Appropriation Acts. So for the financial year 2001-02, the main summer Estimates are covered by the 2001 Appropriation Act and the winter and Spring Estimates are covered by the 2002 Act. As well as auditing Departmental accounts, the NAO will also select individual subjects for closer scrutiny, including any requests for Excess Votes by the Government. These accounts are examined by the Public Accounts Committee, a committee of Members of Parliament who are charged to examine the accounts of both government departments and Government-funded bodies, to ensure that these organisations provide an efficient, cost effective service. Changes to the Supply Procedure This Factsheet has described the current system of parliamentary scrutiny of government expenditure. The procedure has evolved over the years and this section gives a brief description of some of the changes which have taken place. 19th Century During the nineteenth century the examination of departmental estimates (the money granted is known as Supply) took up a considerable proportion of House of Commons time. Each departmental vote had to be moved separately; and amendments to reduce even small items of 6 Financial Procedure House of Commons Information Office Factsheet P6 expenditure could be voted on. As with all House of Commons business, the Government's majority was generally used to override most of these amendments. An opportunity, however, was available to debate and question any particular estimate in which a Member or Members were interested. Increasingly, however, these debates came to be used not to scrutinise the Estimates but to criticise Government policy. Also, the desire of the House to conclude its business in the summer meant that earlier votes tended to be discussed at length and later ones rushed through. Supply Guillotines In 1896, a limit was set on the number of days available for such discussions, and an automatic supply guillotine was inaugurated, whereby the questions on all outstanding votes were put on the last day available. From 1947, similar guillotines also covered supplementary estimates, which are prepared by departments which have under-estimated their main estimates and must be presented to Parliament by the end of the financial year. In general, governments knew they would get their supply business through under the guillotine, and as a result they ceased to interest themselves in which Estimates were actually debated. Effective control of what was discussed on these supply days therefore passed to the official opposition, who tended to concentrate attention on wide issues of national policy and political controversy. By the post-war period, these days had come to be regarded as opposition time. By 1966 there was a considerable discrepancy between the theory of supply procedure, under which individual estimates were put down for detailed consideration at regular intervals, and the practice, under which supply days were used by the opposition to discuss topics of their choice. Because of this, a select committee on procedure recommended major changes. The committee took the view that the practice that had evolved represented the wishes of the House and that the real nature of supply debates was the opportunity provided to the opposition to examine government activities of their own choice. The changes of 1966 The changes made as a result of the Committee's recommendations included altering the definition of "business of supply" to include substantive motions and motions for the adjournment, thus allowing more debate free from specific estimates. A third guillotine was introduced to ensure a more frequent grant of money to the Government and a more even distribution of the 29 (prior to 1966, the number had been 26) supply days throughout the session. Questions on outstanding Votes under the guillotine were put en bloc, with no opportunity for individual Members to move amendments and very restricted opportunities to vote. Voting, on the rare occasions on which divisions on the Estimates were forced, was carried out without debate. The 29 supply days became, as stated above, days on which opposition business was discussed. That business was not in general geared to the Estimates. Indeed the right of the opposition to select and vote upon a motion of its own choice was further recognised by the House on 31 October 1979. 7 Financial Procedure House of Commons Information Office Factsheet P6 The changes of 1982 The Select Committee on Procedure (Supply) recommended several means by which effective scrutiny of Estimates by the House could be re-established. Their Report (HC 118, 1980-81) was debated on 19 July 1982. Among the changes agreed were: That there should be three full (i.e. not Friday) sittings devoted each year to Estimates appointed by the Liaison Committee (see Factsheet P2), which in practice allows select committee reports on estimates to be considered.. (All divisions on selected Estimates and amendments thereto would take place at the moment of interruption). That there should be a time limit on discussion of the Recess Adjournment Motion. This had over recent years grown in importance to back-bench Members, who used it as a means of raising points of concern on national, and commonly, local issues, under the pretext that the House should not adjourn until time was found to debate the matter. Mr Biffen (Leader of the House) agreed to accept an official Opposition amendment to the effect that the limit should be 3 hours, and not the 90 minutes he had originally proposed. There should be 19 Opposition days. Mr Biffen also said that the Government intended to make available an extra Private Members' Friday. That, although proceedings on Consolidated Fund Bills should be formal, a series of adjournment debates should be permitted thereafter, to last up to 9 am the next day These adjournment debates continued until the 1995-96 session.2 The reforms came into force at the beginning of the 1982-83 session. The effect of the changes was to give the House for the first time in recent years an opportunity again regularly to discuss particular Estimates. The first day allocated to this was 14 March 1983, when supplementary estimates relating to HMSO and Overseas Development were discussed. It was not, of course, open to Members to propose increases in expenditure on these days: the constitutional theory being that the Crown (i.e. the Government) asks for Supply, and the House considers whether to grant it at the level requested or some reduced level, not to offer enhanced provision. Recent changes Proposals for making financial scrutiny a more significant part of select committee's work have been made a number of times. The supply system was, for example, considered in the Procedure Committee's Sixth report of 1998-99, Procedure for debate on the Government's expenditure plans.3 The report discussed the involvement of the select committees in the supply process, particularly the possibility of specifically referring the Estimates to select committees. Although they had some sympathy with the argument that select committees already have the power to consider the estimates, as many reports link both financial and policy matters, they felt that the matter needed to be more explicit. They commented: 2 HC Deb 2 Nov 1995 c408 http://www.publications.parliament.uk/pa/cm199495/cmhansrd/1995-11-02/Debate2.html 3 HC 295 1998-99 http://www.publications.parliament.uk/pa/cm199899/cmselect/cmproced/295/29502.htm 8 Financial Procedure House of Commons Information Office Factsheet P6 given that, almost without exception, committees do in fact undertake some examination of their department's annual report, we do not believe that a formal referral of Estimates to committees would present them with too great a burden.4 The Government response to the report rejected this recommendation, on the grounds that: Since Select Committees have the freedom to set their own agenda, committees already have power to examine and report on the Government's expenditure plans. The Government welcomes committee scrutiny of these plans. However, formal referral of Estimates and expenditure plans to Select Committees would reduce the committees' ability to determine their own priorities, and the Government is not persuaded that this would be desirable.5 In May 2002, following a debate on the first report of the Select Committee on Modernisation of the House, Select Committees6, changes were introduced to the remit of select committees to bring in common objectives for committees which included: “to examine and report on main estimates, annual expenditure plans and annual resource accounts” At the same time it was agreed to set up a central scrutiny unit to provide more expertise to select committees. Resource Accounting Changes to Parliament’s supply procedure were made following the passage of the Government Resources and Accounts Act 2000 and the agreement of the parliamentary committees to the move to resource-based Supply from April 2001. These largely reflected the change in the format of the estimates. From 2001/02, Government for the first time asked Parliament to approve the resources it consumes as well as the cash it spends; and detailed departmental Resource Estimates were presented from 2001/02 as an integral part of department’s forward plans set out in their departmental reports, alongside a new Main Estimates Summary Request for Supply (SRfS) presented to Parliament by the Treasury. The SRfS is the Government’s formal request to Parliament for Supply. 4 Ibid, para 45 http://www.publications.parliament.uk/pa/cm199899/cmselect/cmproced/295/29502.htm Government Response to the Sixth Report of Session 1998-99: Procedure for Debate on the Government's Expenditure Plans, HC 388, 1999-2000, http://www.publications.parliament.uk/pa/cm199900/cmselect/cmproced/388/38802.htm 6 HC Deb 14 May 2002 c648; HC 224, 2001-02 http://www.publications.parliament.uk/pa/cm200102/cmhansrd/vo020514/debtext/20514-06.htm#20514-06_head0 5 Contact information House of Commons Information Office House of Commons London SW1A 2TT Phone 020 7219 4272 Fax 020 7219 5839 hcinfo@parliament.uk www.parliament.uk House of Lords Information Office House of Lords London SW1A 0PW Phone 020 7219 3107 Fax 020 7219 0620 hlinfo@parliament.uk Education Services Houses of Parliament London SW1A 2TT Enquiry line 020 7219 2105 Booking line 020 7219 4496 Fax 020 7219 0818 education@parliament.uk Parliamentary Archives Houses of Parliament London SW1A 0PW Phone: 020 7219 3074 Fax: 020 7219 2570 archives@parliament.uk Parliamentary Bookshop 12 Bridge Street Parliament Square London SW1A 2JX Phone 020 7219 3890 Fax 020 7219 3866 bookshop@parliament.uk 10 Financial Procedure House of Commons Information Office Factsheet P6 Feedback form Factsheet P6 Financial Procedure It would help greatly to ensure that Factsheets fulfil their purpose if users would fill in and return this brief pre-addressed questionnaire, or email a response. 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