Probing amendment
Encyclopedia
In legislative debate, a probing amendment is an amendment
tabled by a legislator
without the intention of seeing the amendment carried. The purpose of proposing the amendment is to provide an opportunity for discussion of a specific point.
Britain's former sectoral regulator for the telecommunications industry, Oftel
, explains that "MPs may put down a probing amendment, which means they want to know what the Government's thinking is on a particular clause, rather than necessarily wanting to change the clause."http://www.ofcom.org.uk/static/archive/oftel/publications/news/on56/fivemin0602.htm
In Parliamentary systems the purpose of a probing amendment on a government-sponsored Bill
can be to seek assurances from Ministers about the purpose of the legislation, or how the government intends to use powers given to it under the legislation. An assurance commonly sought is that the government will create Codes of Practice, or other rules with less than full legal force, to provide clarity and restraint not present on the face of the Bill.
In some legal systems the courts will use statements made in the legislature to interpret legislative intent
, provided the statements are sufficiently precise and the legislation legitimately open to multiple constructions. In such systems, legislators sometimes table probing amendments to provide an opportunity that such statements of intent can be made with the requisite precision.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
tabled by a legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
without the intention of seeing the amendment carried. The purpose of proposing the amendment is to provide an opportunity for discussion of a specific point.
Britain's former sectoral regulator for the telecommunications industry, Oftel
Oftel
Oftel has been superseded as the British telecommunications regulator by Ofcom .----The Office of Telecommunications was a department in the United Kingdom government, under civil service control, charged with promoting competition and maintaining the interests of consumers in the UK...
, explains that "MPs may put down a probing amendment, which means they want to know what the Government's thinking is on a particular clause, rather than necessarily wanting to change the clause."http://www.ofcom.org.uk/static/archive/oftel/publications/news/on56/fivemin0602.htm
In Parliamentary systems the purpose of a probing amendment on a government-sponsored Bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
can be to seek assurances from Ministers about the purpose of the legislation, or how the government intends to use powers given to it under the legislation. An assurance commonly sought is that the government will create Codes of Practice, or other rules with less than full legal force, to provide clarity and restraint not present on the face of the Bill.
In some legal systems the courts will use statements made in the legislature to interpret legislative intent
Legislative intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary when interpreting the law...
, provided the statements are sufficiently precise and the legislation legitimately open to multiple constructions. In such systems, legislators sometimes table probing amendments to provide an opportunity that such statements of intent can be made with the requisite precision.