Wrecking amendment
Encyclopedia
In legislative debate, a wrecking amendment (also called a poison pill
amendment or killer amendment) is an amendment
made by a legislator
who disagrees with the principles of a bill
and who seeks to make it useless (by moving amendments to either make the bill malformed and nonsensical, or to severely change its intent) rather than directly opposing the bill by simply voting against it.
An important character of wrecking amendments is that they are not moved in good faith
. The proposer of the amendment would not see the wrecked legislation as good legislation and would still not vote in favour of the legislation when it came to the final vote, even if the amendment were accepted. Motives for making them include allowing more debate, delaying the enactment of the legislation, or just sometimes a straightforward attempt to make the initiator of the legislation give up.
Some opponents of particular amendments will describe them as wrecking amendments because they regard the amendments as undermining the unity of the original proposal. Proponents of the amendment may seek to deny the charge by saying that the original proposal brings together different steps, and while personally they oppose all the parts, some parts are even worse than others and legislators should have an opportunity to consider them separately.
Wrecking amendments can pick up more votes than motions against, because observers tend to focus on who voted in favour and against the Bill in the final count, rather than looking at the amendments made during the passage through the legislature. Therefore it can be a wise tactic to try to introduce wrecking amendments at as many opportunities as possible.
Recent examples of wrecking amendments include the United Kingdom
's Gender Recognition Act 2004
, which was brought forward to enable legal recognition of the new gender
of transsexual people and included a specific provision to allow transsexual people to marry
. In the House of Lords
, Norman Tebbit
moved an unsuccessful amendment to leave other provisions of the Bill intact but forbid such marriages.
Poison pill
A shareholder rights plan, colloquially known as a "poison pill", or simply "the pill" is a type of defensive tactic used by a corporation's board of directors against a takeover...
amendment or killer amendment) is an amendment
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....
made 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...
who disagrees with the principles of a 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....
and who seeks to make it useless (by moving amendments to either make the bill malformed and nonsensical, or to severely change its intent) rather than directly opposing the bill by simply voting against it.
An important character of wrecking amendments is that they are not moved in good faith
Good faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
. The proposer of the amendment would not see the wrecked legislation as good legislation and would still not vote in favour of the legislation when it came to the final vote, even if the amendment were accepted. Motives for making them include allowing more debate, delaying the enactment of the legislation, or just sometimes a straightforward attempt to make the initiator of the legislation give up.
Some opponents of particular amendments will describe them as wrecking amendments because they regard the amendments as undermining the unity of the original proposal. Proponents of the amendment may seek to deny the charge by saying that the original proposal brings together different steps, and while personally they oppose all the parts, some parts are even worse than others and legislators should have an opportunity to consider them separately.
Wrecking amendments can pick up more votes than motions against, because observers tend to focus on who voted in favour and against the Bill in the final count, rather than looking at the amendments made during the passage through the legislature. Therefore it can be a wise tactic to try to introduce wrecking amendments at as many opportunities as possible.
Recent examples of wrecking amendments include the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
's Gender Recognition Act 2004
Gender Recognition Act 2004
The Gender Recognition Act 2004 is an Act of the Parliament of the United Kingdom that allows transsexual people to change their legal gender. It came into effect on 4 April 2005.-Operation of the law:...
, which was brought forward to enable legal recognition of the new gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
of transsexual people and included a specific provision to allow transsexual people to marry
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. In the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, Norman Tebbit
Norman Tebbit
Norman Beresford Tebbit, Baron Tebbit, CH, PC , is a British politician. A member of the Conservative Party, he served in the Cabinet from 1981 to 1987 as Secretary of State for Employment...
moved an unsuccessful amendment to leave other provisions of the Bill intact but forbid such marriages.
See also
- Probing amendmentProbing amendmentIn 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....
- Rider (legislation)Rider (legislation)In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its...
- Christmas tree billChristmas tree billIn the United States Congress, a Christmas tree bill is a political term referring to a bill that attracts many, often unrelated, floor amendments. A Christmas tree bill consists of many riders. The amendments which adorn the bill may provide special benefits to various groups or interests...
- Omnibus billOmnibus billAn omnibus bill is a proposed law that covers a number of diverse or unrelated topics. Omnibus is derived from Latin and means "for everything"...
- Poison pill