Report of resolutions.

By standing order 19th July 1854, "every report from a committee of the whole house is to be brought up without any question being put." When the resolution of a committee relates to the grant of any public money, or the imposition of a tax upon the people, the chairman reports that the committee have agreed to a resolution which they have directed him to report to the house; and the house order the report to be received on a future day; but resolutions upon all other matters are reported immediately. On the 25th July 1849 a committee of the whole house agreed to a resolution to authorise the collection of fees in the Court of Bankruptcy, by means of stamps, which was reported forthwith, as the fees were not increased, but the mode of collection only altered. The resolutions reported by a committee are twice read on the report, before they are agreed to by the house; and may be amended,' disagreed to, postponed, or recommitted to the committee.1 Resolutions which have been recommitted to a committee of the whole house, and reported, have been again recommitted to the committee. The first reading (by the clerk) is a formal proceeding, without any question; but the question for reading resolutions a second time is put from the chair, and may be the subject of debate and amendment. An amendment proposed to the question for reading the resolution a second time, takes precedence of an amendment proposed to the resolution itself," which is proposed after the second reading, and before the question is put, for agreeing with the committee in the resolution."

3

In the Commons the principal proceedings in committees of the whole house are in reference to bills, and the voting of supply, and ways and means; of which a

1112 Com. J. 227.

3 77 Ib. 314. 83 Ib. 509.
$ 83 Ib. 533.

6 Tithes (Ireland), 2d April 1832; 87 Com. J. 242. Maynooth College (Consolidated Fund) Report, 28th April 1845; 100 Com. J. 351,

7 112 Com. J. 175.

description will be found in the chapters relating to these

matters.1

2

mittees.

Since 1832 the annual appointment of the ancient Grand Grand comCommittees for Religion, for Grievances, for Courts of Justice, and for Trade, has been discontinued. They had long since fallen into disuse, and served only to mark the ample jurisdiction of the Commons in Parliament. When they were accustomed to sit, they were, in fact, committees of the whole house, like the modern committee of supply; and until 1641 little difference is to be detected in their constitution and proceedings.3

The ancient committee of privileges is also analogous to Committee of a grand committee, consisting of certain members specially privileges. nominated, of all knights of shires, gentlemen of the long robe, and merchants in the house; and "all who come are to have voices." This committee is still appointed at the commencement of each session; but it is not nominated or appointed to sit, unless there be some special matter to be referred to it, as was the case in 1847.*

ceedings in the

Journals.

In the Commons the proceedings of committees have Entry of probeen entered in the Journals since the 23d February 1829, when the speaker submitted to the house that arrangements should be made to effect that object, to which the house assented. And the Lords have recently adopted a similar form of entry in their Journals. These records, in both houses, are a valuable addition to the means of comprehending the forms of parliamentary procedure. It may be added, that in a committee of the whole house, it is customary for the clerk assistant to officiate as clerk.

See Chapters XVIII. and XXI.

21 Com. J. 873.

31 Com. J. 220. 822. 1042, &c. ; 2 Ib. 153. 202. 321, &c. Lex Parl. 339. Scobell, 38.

103 Com. J. 139 (West Gloucester Election).

$ 84 Ib. 78.

General province of a select committee.

Reports and papers referred.

Appointment in the Lords.

CHAPTER XIV.

APPOINTMENT, CONSTITUTION, POWERS, AND PROCEEDINGS OF
SELECT COMMITTEES IN BOTH HOUSES.

A SELECT committee is composed of certain members
appointed by the house to consider or inquire into any
matters, and to report their opinion, for the information.
of the house. Like a committee of the whole house, a
select committee are restrained from considering matters
not specially referred to them by the house. When it is
thought necessary to extend their inquiries beyond the
order of reference, a special instruction from the house
gives them authority for that purpose; or if it be deemed
advisable to restrict, or direct their inquiries, an instruc-
tion may be given by the house, prescribing the limits of
their powers; or otherwise directing their course of pro-
ceedings.3 Inquiry by evidence is the most general object
of a select committee; but committees may be appointed
for any other purpose in which they can assist the house;
and petitions, bills, and other documents are constantly
referred to them for consideration.

2

It is a common practice to refer to a committee the reports of previous committees and other printed reports and papers. Such a reference is usually intended to direct the particular attention of the committee to documents relating to the subject of their inquiry, or to explain or enlarge the original terms of the reference. And in case the committee should desire to cite in their report, any document which has been laid upon the table of the house, it is usual to move that it be referred to them.

In the House of Lords there are no special rules in regard to the appointment and constitution of select com

191 Com. J. 422. 687; 101 Ib. 636; 105 Ib. 497, &c.

2 75 Ib. 259; 90 Ib. 522.

399 Ib. 284; 102 Ib. 24.

mittees.

The house resolve, that a select committee be appointed; after which it is ordered that certain lords then nominated shall be appointed a committee to inquire into the matters referred, and to report to the house. Their lordships, or any three of them, (or a greater number, if necessary), are ordered to meet at a certain time in the Prince's Lodgings, near the House of Peers, and to adjourn as they please. In special cases the Lords have appointed select committees by ballot.'

The order of sitting on the Lords' committees, and other Sittings and proceedings in matters, are thus defined by the standing orders: the Lords.

"If they be a select committee, they usually meet in one of the rooms adjoyning to the upper house, as the lords like; any of the lords of the committee speak to the rest uncovered, but may sit still if he please; the committees are to be attended by such judges or learned councel as are appointed; they are not to sit there or be covered, unless it be out of favour for infirmity; some judge sometimes hath a stool set behind, but never covers, and the rest never sit or cover. The Lord Chief Justice Popham did often attend committees; and though he were chief justice, privy councillor, and infirm, yet would he very hardly ever be perswaded to sit down, saying it was his duty to stand and attend, and desired the lords to keep those forms which were their due."

2

summoned in

The House of Lords do not give select committees any Witnesses, how special authority to send for witnesses or documentary the Lords. evidence; but parties are ordinarily served with a notice from the clerk attending the committee, that their attendance is requested on a certain day, to be examined before the committee. Until recently such witnesses were required, previously to their examination, to be sworn at the bar of the house; but by the 21st & 22d Vict. c. 78, any committee of the House of Lords may now administer an oath, to the witnesses examined before them. Where a positive order is thought necessary to enforce the attend-1 ance of a witness, or the production of documents, it emanates from the house itself,

1 16 Lords' J. 758; 22 Ib. 116; 40 Ib. 198; and see infra, p. 371.

On the 25th June 1852 the Lords agreed to the following resolutions:1

"That to every question asked of a witness under examination in the proceedings of any select committee of the house, there be prefixed in the minutes of the evidence, the name of the lord asking such question.

"That the names of the lords present each day on the sitting of any select committee be entered on the minutes of evidence, or on the minutes of the proceedings of the committee (as the case may be), and reported to the house on the report of such committee."

And on the 7th December 1852 the Lords agreed to the following resolution:

"That in the event of a division taking place in any select committee, the question proposed, the name of the lord proposing the question, and the respective votes thereupon of each lord present, be entered on the minutes of evidence, or on the minutes of the proceedings of the committee (as the case may be), and reported to the house on the report of such committee."

In order to ensure fairness and efficiency in the constitution and proceedings of select committees, and to make their conduct open to observation, the House of Commons have the following standing orders:

1. "That no select committee shall, without leave obtained of the house, consist of more than fifteen members; that such leave shall not be moved for without notice; and that in the case of members proposed to be added or substituted after the first appointment of the committee, the notice shall include the names of the members proposed to be added or substituted."

2. "That every member intending to move for the appointment of a select committee, do endeavour to ascertain previously, whether each member proposed to be named by him on such committee, will give his attendance thereupon."

3. "That every member intending to move for the appointment of a select committee, shall, one day next before the nomination of such committee, place on the notices the names of the members intended to be proposed by him to be members of such committee." 4. "That lists be affixed in some conspicuous place in the committee clerks' office, and in the lobby of the house, of all members serving on each select committee."

384 Lords' J. 344.