ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Orders of

the day not to be brought forward

to an earlier date.

Orders of the day unread.

VIII.

his absence, the question thereon may be moved by Chapter
another member, or, in like manner, a motion may be
made that the order be deferred to a future day, though
not to a remote date, in order to defeat the bill. Nor, on
these occasions, can a motion be made in contradiction to
any intimation regarding an order of the day, which the
member in charge thereof has made at the table. The
revival of an order of the day (see p. 264), when it has
been removed from the notice paper by an adjournment or
other action on the part of the house, is, according to the
habitual practice of the house, reserved for the member in
charge thereof.

When the house has appointed a day for the consideration Sume rule
regarding
of a bill or other matter, no earlier day can afterwards be
motions,
substituted. This rule is enforced, even when a day had see p. 242.
been named by mistake, and though no objection was raised
to the appointment of an earlier day. If, however, an
error has arisen in the postponement of an order of the
day, whilst the orders are being read, by an appeal to the
Speaker, the transfer of the order of the day to an earlier
day than that originally named has, under the circum-
stances, been allowed.4

Orders of the day which, owing to the suspension of a sitting, or to an adjournment of the house, have not been S. O. 1, read at the table, are set down upon the notice paper after Appendix I,

1 354 H. D. 3 s. 1157.

2 Mr. Speaker's ruling (private), 13th May, 1886. So also on 21st Aug. 1893, Mr. Speaker said that he would decline to put the question for postponing the consideration of the Lords' amendments to the Wild Birds Protection Bill for three months except upon the motion of the member in charge of the bill. In the absence of the member in charge, a motion has sometimes been made, without notice, to discharge the order for the second reading of the bill. This practice has been strongly discountenanced from the chair, 22nd May, 1873, 216 H. D. 3

s. 276; 8th Nov. 1893, 18 Parl. Deb.
4 s. 449. An amendment to the
same effect, to a formal question for
the postponement of a bill, has
been discouraged no less distinctly,
4th June, 1875, 224 ib. 1236, and
again, 240 ib. 1675.

London, Chatham and Dover
Railway Bill, 6th July, 1863. In
this case the standing orders were
suspended in order to accelerate the
next stage of the bill, 118 C. J. 237;
172 H. D. 3 s. 246; 305 ib. 379.

4 Vehicles Lights (No. 2) Bill, 31st July, 1893, 15 Parl. Deb. 4 s. 871.

VIII.

Chapter the orders of the day appointed for the next sitting of the house; subject to the right of the government to arrange the order of their business, whenever such business has priority.1

See also motions made, p.

277.

New

clauses, see p. 495.

When this

restriction

applies to

amendments, see pp. 289, 299.

Procedure on motions.-Motions, not being on a matter of
privilege (see p. 270), or for unopposed returns, are called
over by the Speaker according to the order in which the
notices stand upon the notice paper; and if a member
does not rise when his name is called, he cannot subse-
quently ask that his name should be called again, for the
purpose of moving the motion of which he had given notice.

A member of the government may act in behalf of a col- Motion
moved by
league, in all cases, including the proposal of new clauses member
on the report stage of a bill; but, with this exception, giving
or in the case of an unopposed return, or of a motion
for a leave of absence, no motion can be moved save
by the member in whose name the notice stands. The
power of moving a motion, in terms that differ from
the notice standing upon the paper, has been defined
on p. 242.

orders.

Revival of orders of the day.-When an order of the day Dropped has been read, the proceedings thereon may be cut short by the adjournment of the house whilst those proceedings are in course of transaction. An order of the day, in such a case, or if, when the order is read, no day is appointed for its future consideration, drops off the notice paper, as the house has made no order thereon; and in committee the same result may be produced, either by a failure of a quorum of the house, or by a resolution directing the

116th March, 1888, 323 H. D. 3 s. 1538.

2 On the 12th May, 1864, in the absence of Lord Palmerston, Sir G. Grey was permitted to move the postponement of the orders of the day, and make a motion relating to inspectors of schools. On the 28th Nov. 1867, in the absence of the chancellor of the exchequer, Mr. Hunt, the secretary of the treasury,

On

made his financial statement in
committee of ways and means.
the 24th Feb. 1881, in the absence
of Mr. Gladstone, first lord of the
treasury, the Speaker ruled that it
would be competent for any minister
of the Crown to make the motion
that stood in Mr. Gladstone's name,
258 H. D. 3 s. 1664; 176 ib. 2034.
3 110 C. J. 449.

Superseded orders.

VIII.

order by

charge, see

chairman to leave the chair (see p. 390). To replace a Chapter
dropped order of the day upon the notice paper, a motion
is made before the commencement, or after the close, of Revival of
public business, to appoint the order for a subsequent day; member in
and these motions are made without notice (see p. 245). If p. 252.
on such order of the day procedure had been commenced
and interrupted, the proceeding thus revived is set down.
for resumption at the position indicated by the last de-
cision of the house entered upon the votes and proceed-
ings. If, however, it is essential that proceedings on an
order of the day, cut short by an unexpected adjournment,
should be resumed at the next sitting, to obtain that object Supply
procedure,
a notice of motion is placed for that purpose, in the name see p. 612.
of a minister of the Crown, upon the notice paper for the
next sitting, at the commencement of public business; and
the dropped order is placed, printed in italics, at the head
of the list of the orders of the day. A motion for the
resumption of a dropped order is usually put as a purely
formal motion. If debate thereon occurs, it must be strictly
limited to the precise object of the motion.1

An order of the day may be superseded by the vote of
the house, as, for instance, when an amendment embodying
an abstract proposition is substituted for the question that
a bill be read a second time, or for the question that Mr.
Speaker do leave the chair for the committee of supply.
In such a case, if it be deemed expedient to revive the
order for the second reading of a bill (see p. 474), a motion
can be made to that effect at a subsequent sitting; though,
when the order for the committee of supply is superseded by

1 Joint Stock Companies Bill, 22nd and 23rd June, 1864 176 H. D. 3 s. 99. 101; see also Court of Chancery (Ireland) Bill, 119 C. J. 348. 351; 120 ib. 225. 352; 121 ib. 78; 122 ib. 377. 404; Supply, 125 ib. 280. 284; 145 ib. 305. 307.

2 10th Aug. 1877, Sale of Food, &c., Bill, 132 C. J. 434. 435; 8th Aug. 1878, Sale of Intoxicating Liquor (Ireland) Bill, 133 ib. 419. 424; 5th May, 1884, Redistribution of Seats

Bill, 139 ib. 208. 209.

326th June, 1876, 230 H. D. 3 s. 431; Mr. Speaker's explanation, 235 ib. 203. 261; 131 C. J. 282. 283; 132 ib. 294.296; 133 ib. 212. 213; 140 ib. 239. 240; 144 ib. 112. 115; debate on Special Commission Report, 1888; 10th March, 1890, 342 H. D. 3 s. 347; 145 C. J. 81. 83; committee of supply, 150 ib. 164.

14th July, 1884, 290 H. D. 3 s. 934.

Chapter an amendment, an immediate sitting of the committee can be appointed (see p. 611).

VIII.

Hour of meeting on

see p. 213.

Renewal of notices of motions.-A notice of motion standing upon the notice paper for the day's sitting which is not brought on before the adjournment of the house, disappears from the paper, unless the member in whose name the notice stands, or a member in his behalf, gives a direction at the table for the replacement of the notice upon the notice paper for a future day.

Special arrangements for the transaction of government business. The precedence given to government business at every sitting and the allocation to government business. of the whole of every sitting except two Fridays between Whitsuntide and Michaelmas have rendered unnecessary some of the arrangements that were made formerly, such as the appointment of morning sittings for government business on certain days of the week,' and the appropriation to it towards the close of the session of the whole time of the house. If the session be prolonged beyond Michaelmas, however, an order of the house is necessary if it be desired to appropriate the whole time to government business.3

A Saturday sitting may be obtained upon the motion of Saturday Saturdays, a minister of the Crown, namely, that the house shall sit sittings." on that day, or the appointment of an order of the day,1 or of other matter of business for an ensuing Saturday,5 or day, see p. by a motion made on a Friday, that the house at its rising do adjourn till to-morrow.

Priority to orders of

259.

given to

ness.

Motions to facilitate the transaction of the business of Priority the house are, as has been explained (p. 256), set down upon governthe notice paper to be taken at the commencement of ment busipublic business. Priority is sometimes sought for government business, either generally or for specified orders of the day, whenever the same are set down upon the notice paper; and this object is attained, either by the actual suspension of a standing order, or by an order of the house

1 145 C. J. 226. 239; 147 ib. 200,
2 151 ib. 374.

3 16th Oct. 1902, 157 ib. 437

4 212 H. D. 3 s. 1953; 331 ib. 1486; 144 C. J. 434; 153 ib. 389.

5 156 ib. 93.

S. 0. 4.

S. O. 15, Appendix I.

Priority to a notice of motion over orders

of the day.

VIII.

which prescribes a course of action inconsistent therewith Chapter
(see p. 148). Thus that part of the Tuesday1 and Wednes-
day sittings, which is devoted to the motions of unofficial
members, may be appropriated for a specified order of
the day, or for government business generally.2 Notices
of motions are called on, however, as soon as the specially
appointed business for the sitting has been disposed of.

It is prescribed by standing order that the appointment
of any business other than the business of supply as the
first order of the day on a Thursday, shall be effected by a
motion set down for the commencement of public busi-
ness which is to be decided without amendment or
debate. On Tuesdays formerly, when priority was sought
for an order of the day, the practice was either to persuade
the members whose notices of motions stood upon the
notice paper to waive their rights, or else to effect the
desired arrangement by a resolution of the house, proposed
without previous notice, at the commencement of the sitting,
that the house do pass to the orders of the day, or that
a bill or motion have precedence. Such a mode of pro-
cedure is not consonant to present usage; and though per-
suasion occasionally may obtain priority for an order of
the day at a sitting at which unofficial members' motions
have precedence, that position is generally procured by a
resolution of the house, agreed to, upon notice given, at
the commencement of business.

As on sittings devoted to government business, the government has the power to arrange their business,

1 On an occasion of this kind, the notices of motions and certain orders of the day, which were deprived of their priority on a Tuesday, were, by order, placed first upon the succeeding Thursday, 11th March, 1873, 128 C. J. 91.

2143 ib. 153. 169. 354; 147 ib. 325; 157 ib. 437; 159 ib. 30.

3 17th June, 1887, 316 H. D. 3 s. 417; 1st May, 1891, 352 ib. 1853.

157 C. J. 215; 158 ib. 49. 121. 153. 213. etc.

Tuesday, 6th May, 1856, ad

journed debate on the Treaty of
Peace; Tuesday, 3rd March, 1857,
adjourned debate on China; Tuesday,
8th May, 1877, adjourned debate
on the Eastern Question; Tuesday,
15th May, 1877, Universities of Ox-
ford and Cambridge Bill, 132 C.
J. 208. 226; 11th Jan. 1881, 136
ib. 18, &c.; 23rd April, 1860, third
reading of Church Rates Abolition
Bill, 115 ib. 199; 111 ib. 167; 23rd
June, 1863, 118 ib. 303; 171 H. D.
3 s. 1253.

« ÀÌÀü°è¼Ó »