페이지 이미지
PDF
ePub

answers to

replies have been given to questions addressed to ministers Chapter on a previous day, without a repetition of the question.

VIII. If a member does not distinguish his question by an asterisk, or if he or any other member deputed by him is not present to ask it, or if it is not reached by a quarter

to four o'clock, the minister to whom it is addressed Printed causes an answer to be printed and circulated with the questions.

yotes, unless the member signifies his desire to postpone
the question, before the interruption of questions at a

quarter to four o'clock.
Answers to An answer should be confined to the points contained
questions. :

in the question, with such explanation only as renders the
answer intelligible, though a certain latitude is permitted
to ministers of the Crown; and further questions, without
debate or comment, may, within due limits, be addressed
to them, which are necessary for the elucidation of the
answers that they have given. The Speaker has called
the attention of the house to the inconvenience that arises
from an excessive demand for further replies,3 and, to
hinder the practice, he has occasionally felt it necessary
to call upon the member in whose name the next question
stands upon the notice paper, to put his question. A
question fully answered, whether orally or in print, cannot
be renewed, nor can a question which one minister has
refused to answer be addressed to another minister. 6

7. Motions for the adjournment of the house before the usage.

commencement of public business.-According to past usage,
it was in the power of two members to move, and second,
a motion for the adjournment of the house, rising for that

Former

1 161 H. D. 3 s. 497 ; 174 ib. 1423; 209 ib. 466; 210 ib. 153. 596; 240 ib. 1617; 241 ib. 964; 90 Parl. Deb. 4 s. 88.

2 211 H. D. 3 s. 1994; 212 ib. 298. 1624 ; 91 Parl. Deb. 4 s. 103. A supplementary question in the house cannot be based upon a printed answer, 108 ib. 372.

3 10th July, 1884, 290 H. D. 3 s. 686; 22nd March, 1886, 303 ib. 1503; 29th Aug. and 6th Sept. 1887, 320 ib.

279. 1360 ; 6th March, 1888, 323 ib. 374; 13th June, 1892, 5 Parl. Deb. 4 s. 551; 96 ib. 264; 146 ib. 936; 151 ib. 634; 156 ib, 710.

4 6th March, 1888, 323 H. D. 3 s. 374; 142 Parl. Deb. 4 s. 937.

5 225 H. D. 3 s. 792. 952. 1142; 235 ib. 1797; 285 ib. 877; 293 ib. 904 ; 299 ib. 1401; 109 Parl. Deb. 4 s. 1397 ; 144 ib. 472.

6 34 ib. 1547.

Chapter purpose either wbilst questions to members were being put,
VIII.

or at any moment before the commencement of public
business, and to raise thereon a general debate.
Experience impressed upon the house the necessity of Present

usage.
placing upon that power some restrictions. Accordingly, a
in 1882 a standing order was passed, which was amended Appendix I.
in 1902, and the following procedure and practice have
been founded thereon. A motion for the adjournment of
the house for the purpose of raising debate, may only be
made when all the questions to members asked on Mon-

day, Tuesday, Wednesday, and Thursday have been disCommence- posed of, and before the commencement of public business. ment of public busi- The member who desires to make such motion, having 255. see P previously delivered to the Speaker a notice in writing of

the definite matter of urgent public importance which is to Reply by be discussed, rises in his place, and asks leave to move morer, see p. 321. for that purpose the adjournment of the house. If the

leave of the house be not unanimously given, the Speaker

desires those members who support the motion to rise in Motions for their places; and if forty or more members rise accordadjournmint not to ingly, the motion stands over till a quarter-past eight of be made on a

on the same day, when it has precedence of all other business.
days to If, however, fewer than forty members, and not less than
business of ten have so risen, the member may, if he thinks fit,
supply, see
p.607. demand a division, upon question put forthwith, to deter-

mine whether such motion may be made.3
A motion under standing order No. 10 must be restricted Rules re-

garding
to a single specific matter of recent occurrence; 4 and as motions for
the matter to be discussed must be of an urgent nature, ment under

- adjournno notice should be given of an intention to resort to the S. 0. 10. motion on a future occasion. If a matter submitted to

1 233 H. D. 3 s. 978; 234 ib. 33. 22nd March, 1887, 312 H. D. 3 1301 ; 237 ib. 1539; 238 ib. 1951; S. 1196; 1st Sept. 1887, 320 ib. 241 ib. 130.

751; 12th April, 1888, 324 ib. 1068; : 30th Nov. 1882, 275 ib. 407. 24th April, 1888, 325 ib. 347. See

3 30th Nov. 1882, 275 ib. 409 ; 13 also the Speaker's remarks upon the Parl. Deb. 4 s. 907 ; 148 C. J. 349. scope of such motions, 13th April, 599; 157 ib. 233. Such a division 1894, 23 Parl, Deb. 4 s. 367; 110 ib. cannot be treated as one frivolously 602. claimed under standing order No. 22nd Jan, 1891, Speaker's ruling. 30, 13 Parl. Deb. 4 s. 908.

last trco

[ocr errors]

the house in pursuance of this standing order fails to Chapter

VIII. obtain the requisite support, it cannot, during the same session, be again brought forward in the same manner; nor can more than one motion for adjournment be made during the same sitting of the house. Though the responsibility of bringing forward a matter, as a matter of urgency, rests with the member who desires to exercise the right given by the standing order, still there must be some colour of urgency in the proposal ; and the Speaker declines to submit a motion for adjournment to the house if, in his opinion, the subject to be brought forward is not a “definite matter of urgent public importance.”3 The Speaker also is bound to apply to these motions the established rules of debate, and to enforce the principle that subjects excluded by those rules cannot be brought forward Motions, thereon ; such as a matter under adjudication by a court ***

It see p. 272, of law, or matters already discussed during the current session, whether upon a previous motion for adjournment,5 upon a substantive motion, upon an amendment, or upon an order of the day. Equally, discussion cannot be raised on a motion for adjournment on any matter already appointed for consideration, or of which notice has been given; 6 nor can exemption from this rule be obtained by a withdrawal of such matter from the notice paper at the commencement of the sitting on which the motion for adjournment is sought to be made.?

In accordance, therefore, with this principle, when it was proposed to call attention, on a motion for adjournment, to

1 Speaker's ruling (private), 10th April, 1891; 17th April, 1893, 11 Parl. Deb. 4 s. 459.

2 14th Nov. 1882, 274 H. D. 3 s. 1447; 30 Parl. Deb. 4 s. 1285; 81 ib. 1427.

3 4th July, 1887, 316 H. D. 3 s. 1613; 12th June, 1890, 345 ib. 738; 33 Parl, Deb. 4 s. 1614 ; 90 ib. 1604; 93 ib. 463; 96 ib. 444; 113 ib. 633; 114 ib. 603; 138 ib. 788; 146 ib. 59. 497; 149 ib. 390, 411; 150 ib. 940, 1184.

- 275 H. D. 3 s. 26; 310 ib. 1777: 337 ib. 899; 85 Parl. Deb. 4 s. 976; 91 ib. 912.

58th July, 1889, 337 H. D. 3 s. 1697 ; 86 Parl. Deb. 4 s. 222.

6 238 H. D. 3 s. 1492; 275 ib. 26; 310 ib. 1777; 328 ib. 1411. 1417; 337 ib. 899; 4 Parl. Deb. 4 s. 189; 17 ib. 1579; 41 ib. 522; 81 ib. 680; 122 ib. 1648; 134 ib. 1186.

; 23rd March, 1891, Speaker's ruling (private); 4 Parl. Deb. 4 s. 190 ; 46 ib. 1350.

Chapter the conduct of the government in deferring a statement

of their intentions regarding the course of business, the Speaker declared that he should decline to put the motion, because it would anticipate an announcement of which notice had been given, while motions for adjournment regarding matters for the discussion of which the committee of supply or other appointed business would afford an early opportunity have been ruled to be out of order.2 So also the debates of the same session, or the terms of a bill before the House of Lords ; 8 a matter of privilege or order;4 or matters debatable only upon a substantive motion, cannot be submitted to the house under this standing order (see p. 277).

The provisions of standing order No. 10, which prescribe that a motion for the adjournment of the house cannot be made until the questions to members set down for the sitting are disposed of, and that such a motion, if leave be given to make it, shall stand over until a quarter-past eight o'clock, do not preclude a motion for the immediate adjournment of the house made by a minister of the Crown, at any time before the commencement of public business, if occasion for the motion has arisen.

Commencement of public business.—Public business commences when the Speaker has called the first member who has given notice to present a bill without an order of the house for its introduction, or the member in charge of the first motion appointed to be taken at the commencement of public business, or which stands first upon the notice paper, or upon the Clerk, to read an order of the day. Consequently, after the Speaker's call, no motion can be made for the adjournment of the house under standing order No. 10; nor, until the business set down for that

1 12th June, 1890, 345 H. D. 3 s. 738.

2 339 ib. 1669 ; 17 Parl. Deb. 4 s. 1579; 86 ib. 93 ; 91 ib. 1125; 92 ib. 1093; 132 ib. 859; 135 ib. 807; 136 ib. 706 ; 150 ib. 924; 153 ib. 941.

3 Newfoundland Fisheries Bill,

sess. 1891, Speaker's ruling (private).

4 154 H. D. 3 s. 445 ; 90 Parl. Deb. 4 s. 702.

s 6th Dec. 1884, 294 H, D. 3 s. 843-847; 153 C. J. 213; 150 Parl. Deb. 4 s. 70, 160 C. J. 349.

sitting is concluded, can a notice be given, or, save with Chapter

VIII. the indulgence of the house, can a question be asked.

8. Motions, &c., at the commencement of public business.All motions relating to the business of the house, set down for consideration at the commencement of public business, must stand in the name of a minister of the Crown,' and Precious

question not are placed in the following order:

permissible

on these Precedence Firstly. Whenever, to meet the requirements of public motions, given by order to business, immediate action on the part of the house is see p. 283. governTbills. needed, upon an order obtained by a minister, orders of

the day relating to the stages of a bill, such as a Consoli-
dated Fund Bill, or to the consideration of a resolution on
which the introduction of a bill is founded, are set down
at the commencement of public business before all other

orders of the day, or notices of motions.? Motions Secondly. Motions relating to the business or the arrange- Amend. relating to

ments to the transements of the house come next in order upon the notice business action of

, motions, see paper; and a motion for a vote of thanks, when moved p. 268. business.

by a minister of the Crown, is placed among these
motions. These motions have precedence over any bill
or other matter to which the house, by order, has given

1 The motion for the adjournment 213. 214; 147 ib. 127 ; 148 ib. 151 ; of the house over the Derby day 152 ib. 133. 134; 153 ib. 102. 103 ; when moved by an unofficial mem- 154 ib. 108; 155 ib. 108; 156 ib. 104. ber was by custom set down at the 3 15th May, 1884, 288 H. D. 3 s. commencement of public business. 434. Operations in India, 8th Feb. 3rd June, 1878, 240 H. D. 3 s. 1076. 1858, 148 ib. 865; Afghanistan, 4th 1171 ; 306 ib. 34 ; 136 C. J. 276, &c.; Aug. 1879, 134 C. J. 397. 10th May, 1883, 279 H. D. 3 s. 419; Although, as a rule, previous see Mr. Bentinck's motion, notice notice is given of motions relating paper, 13th July, 1871.

to the business of the house, preExchequer Bills Bill, and Ways vious notice is not essential in the and Means Report, 109 C. J. 226; case of motions for the adjournAnnuities Bill, 111 ib. 220; Oaths ment of the house over Christmas, Bill, 113 ib. 167; Tobacco Duties Easter, or Whitsuntide holidays (4th Bill, third reading, 23rd March, Dec. 1884, 4th April, 1871, 19th 1863, 118 ib. 130; Mutiny and Marine April, 1886, 13th May, 1869, 11th Mutiny Bills, third reading, 31st May, 1880, 15th May, 1891, 21st March, 1868, 123 ib. 116; 191 H. May, 1896); and if notice is given of D. 3 s. 573; Elementary Education such motions, the notice may be Bill, 9th June, 1891, 146 C. J. 343; placed either at the commencement 354 H. D. 3 s. 31; stages of the of public business, or among the Consolidated Fund Bill, 128 C. J. orders of the day or other notices of 120; 129 ib. 64; 131 ib. 118; 228 H. motion. D. 3 s. 564; 137 C. J. 118; 145 ib.

« 이전계속 »