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VIII.

Chapter whether orders of the day or notices of motion, as they S. 0.5, 13, Appenmay think fit, a motion to give priority to a notice of dix I. motion over the orders of the day is now rarely needed on those sittings; though such a motion might be rendered necessary if, in case the occasion arose, the government desired to take the opinion of the house, whether priority should be given to an unofficial motion (see p. 268).

When priority has been given by the order of the house to a notice of motion over the orders of the day, the Speaker calls on the member in whose name the notice stands, and when the motion has been considered, the house reverts to the orders of the day.

ments on

The arrangements fixed by the standing orders for the Arrangetwelve o'clock sittings on Fridays (prior to 1902 Wednes- Friday sittings. days) are rarely disturbed. Still those standing orders have been wholly suspended,' or suspended as regards the S. O. 1, 2, 3, Appeninterruption of business, and the rising of the house at six dix I o'clock, in the case of certain orders of the day, subject to the immediate adjournment of the house when those orders were disposed of. Government orders have also occasionally been given precedence at these sittings.3 Sittings Saturday on Saturdays are occasionally held subject to the standing orders which regulate the Friday sittings, or to an order that, as soon as government business is concluded, the adjournment of the house shall take place without question put.1

sittings.

ments for

Precedence is occasionally given to certain orders of the Arrangeday over all other orders of the day and notices of motion.5 the fur

1 4th July, 1865, the house sat on the 5th, at a quarter before four, instead of twelve, 120 C. J. 449; 140 ib. 407.

2 7th Aug. 1872, 127 ib. 426; 15th July, 1874, 129 ib. 303; 144 ib. 293. 447.

3 147 ib. 325; 150 ib. 34; 157 ib. 26. See also order appropriating Friday sittings to government business, 157 ib. 437.

* 143 ib. 427. 493; 144 ib. 434. 453; 145 ib. 531. 553; see resolu

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Protection of Persons, &c. (Ireland) Bill, 1881, 136 C. J. 32; 258 H. D. 3 s. 1744; Prevention of Crime (Ireland) Bill, Arrears of Rent (Ire- Closure land) Bill, 1882, 137 C. J. 224. 289. resolutions on bills, 491; Rules of Procedure, 142 ib. 72; see p. 342, 151 ib. 57; 157 ib. 36; Criminal n. 3. Law Amendment (Ireland) Bill, 142 ib. 140; Consolidated Fund Bill, 144 ib. 73; Customs, &c., Bill, 145 ib. 334; Tithe Rent-Charge Bill, 146 ib.

Amendments to motions

(business

of the house).

Facility given by

VIII.

Proceedings on the reports of the resolutions of the com- Chapter
mittee of ways and means and of committees authorizing
public expenditure other than the committee of supply, are,
early in each session, exempted by a sessional order from
interruption under standing order No. 1;1 and as the day
for the prorogation draws nigh, all the government busi-
ness is set free, during the remainder of the session, from
every restriction on the transaction of business imposed
by the standing orders; and an objection taken to the
form of the motion on which these orders are obtained on
the ground that the provisions contained in those motions
include several, and, to a certain extent, distinct, proposi-
tions was overruled.3

2

Amendments to motions relating to the business of the house must be strictly relevant to the terms and purpose of the motion; and amendments stating, as an argument against the motion, that the house had no confidence in the government, or that motions giving precedence to government business might be rendered unnecessary by altering the procedure of the house, were therefore ruled to be out of order.1

Except in the case of motions amounting to a distinct

81; Purchase of Land, &c. (Ireland)
Bill, 146 ib. 247; Financial Business,
147 ib. 114; 149 ib. 10; Government
business, 148 ib. 177. 538; Voluntary
Schools Bill, 152 ib. 63; Address in
answer to King's speech, 158 ib. 11.

1 160 C. J. 112. The reports of
the committee of supply were
formerly included in this motion,
144 ib. 145; 145 ib. 239; 147 ib.
95. The motion was not moved in
session 1902, and was negatived in
1904, 159 ib. 49.

216th July, 1891, 146 ib. 449; 9th June, 1892, 147 ib. 325.

3 19th March, 1889, 334 H. D. 3 s. 142.

4 19th March, 30th April, 1889, Mr. Bradlaugh's and Mr. E. Robertson's notices of amendments; 16th July, 1891, 355 H. D. 3 s. 1433. Mr. Seton-Karr's notices of amendments,

31st May, 1894; Notices of Motions,
p. 1080, 25 Parl. Deb. 4 s. 49;
and 29th April, 1895; Notices of
Motions, p. 1215, 33 Parl. Deb. 4 s.
53; Mr. Elliott Lee's notice of
amendment, 28th February, 1895,
Notices of Motions, p. 385, 31 Parl.
Deb. 4 s. 78. Amendments, "gamb-
ling," &c., to motion (Derby day
adjournment), 30th May, 1892 and
1893, Notices, pp. 1593. 1980. See
also Mr. Chamberlain's notice of an
amendment to a motion prescrib-
ing procedure for the report stage
of the Government of Ireland Bill as
stated, 18th Aug. 1893, and as
moved, 21st Aug. 16 Parl. Deb. 4 s.
532. 654; 148 C. J. 513. An amend-
ment to the motion relating to the
sitting of committees on Ascension
day is out of order, 40 Parl. Deb.
4 s. 1263.

VIII.

ment to

Chapter vote of want of confidence in the government, proposed or governsanctioned by the leader of the opposition, the question unofficial whether the government should concede priority to a notice motions. of motion, or to an order of the day in the charge of an· unofficial member, is left entirely to their discretion.1

Order,

see p. 323.

Incidental interruptions to proceedings.-Besides the interruption of business, at the moment prescribed by the standing orders (see p. 213), or by a member rising to move the closure of debate (see p. 211), proceedings in Parliament may be interrupted by a matter of privilege, or order, question of which calls for the immediate interposition of the house on a matter of recent occurrence (see p. 270); by occasions of sudden disorder in the house, and by the suspension of members, or other proceedings thereby occasioned (see p. 340); by a message from the sovereign or the lords. commissioners, commanding or desiring the attendance of the house in the House of Peers; 2 by the presentation of the answer to an address to the Crown (see p. 455); by a message from the other house, and by proceedings taken. thereon (see p. 505); by a conference with the Lords; 5 by a report of reasons for disagreeing to Lords' amendments &

Urgency Rules, see p. 342.

1217 H. D. 3 s. 1256; 303 ib. 1374. Facilities were afforded, 1868, to Mr. Gladstone's resolutions upon the Irish Church, 191 H. D. 3 s. 3135. 826. 1746; 24th April, 1872, Dublin University Tests Bill; Land Tenure (Ireland) Bill, 131 C. J. 295 ; Sale of Intoxicating Liquor on Sunday (Ireland) Bill, 133 ib. 156; 26th Feb. 1883, Kilmainham prisoners, 210 H. D. 3 s. 1754; 277 ib. 850; Contagious Diseases Acts Repeal (No. 2) Bill, 141 C. J. 118; Financial Relations (England and Ireland), 152 ib. 144; 155 ib. 112; British South Africa (Select Committee), 152 ib. 388; Public Accounts Committee (Reports), 160 ib. 359; Post-office Telephone Agreement, 160 ib. 408; see also Mr. Gladstone's remarks, 24th March, 1893, in giving facilities for a motion relating to the conduct of the executive in Ireland, 10 Parl. Deb. 4 s. 1044.

2 93 C. J. 227; 106 ib. 443; 159 ib. 116. On the 20th April, 1863, the reading of a petition was so interrupted, and was resumed on the return of the Speaker from the Lords.

3108 C. J. 438; 125 ib. 377; 17th Dec. 1878. This rule, however, does not apply to a message from the Crown. On the 5th June, 1866, a message relating to the marriage of Princess Mary of Cambridge was brought up between one motion and another but not so as to interrupt a debate.

By the recent practice, a message brought by the Clerk does not ordinarily interrupt the business under discussion; but there are occasions when such an interruption can arise, 126 C. J. 57.

598 ib. 347. 484.

6 Ground Game Bill, 3rd Sept. 1880, 135 C. J. 431; 137 ib. 452.

Causes of interrup

tion.

Privilege interruptions.

VIII.

(see p. 508); by the clerk of the Crown attending by order Chapter
of the house to amend a return1 (see p. 658); and by a
report from the Serjeant-at-arms regarding the execution.
of the orders of the house.2

Examples occur of an interruption caused by a motion.
for reading an Act of Parliament, an entry in the journal,
or other public document: but the practice by which such
documents have been permitted to be read, after the com-
mencement of the debate, though not absolutely without
recognition in modern times, may be regarded as obsolete.3

When the cause of interruption has ceased, or the proceeding thereon has been disposed of, the debate, or the business in hand which was interrupted, is resumed at the point where the interruption had occurred; though the resumption of a proceeding, subjected to an interruption, has been sometimes delayed by the occurrence of further interruptions.5

Consideration of matters of privilege. The proceedings of the house may be interrupted at any moment, save during

1 93 C. J. 276. 308.

2135 ib. 236. The business of the house was in former times interrupted by a motion that candles be brought in: but, by order 6th Feb. 1717, the Serjeant was charged with the duty of having the house lighted when "daylight be shut in," 18 ib. 718; and now the direction to that effect is given by the Speaker or the chairman.

32 Hatsell, 121. 164; 80 C. J. 537; 93 ib. 204; 97 ib. 129; 98 ib. 112; 123 ib. 148; 124 ib. 57. In one case certain Acts were directed to be read, by way of amendment to the original question, 19th March, 1854, 109 ib. 124.

4 When the consideration of private business had been interrupted or had not been commenced owing to a message requiring the attendance of the house in the House of Peers, and the house had not returned until after the time after which such business could not

be taken, the private business that
could not be considered owing to
the attendance of the house in the
House of Peers, was appointed for
the evening sitting, or for the fol-
lowing day, 158 C. J. 412; 20th and
21st June, 1905, Private Business,
pp. 567, 577.

5 103 ib. 551. 755.

This ancient rule was thus expressed in debate by an eminent authority: "Nothing can be so regular, according to the practice of this house, as when any member brings under the consideration of the house a breach of its privileges, for the house to hear it-nay, to hear it with or without noticewhether any question is or is not before it; and even in the midst of another discussion, if a member should rise to complain of a breach of the privileges of the house, they have always instantly heard him," Mr. Williams Wynn 11th Feb. 1836, 31 H. D. 3 s. 274.

VIII.

Privilege arising on

Privilege, arrest of members,

Chapter the progress of a division (see p. 346), by a motion based on a matter of privilege, when a matter has recently arisen which directly concerns the privileges of the house;1 and a petition, in that case, the house will entertain the motion forthwith.2 see p. 534. If complaint of a breach of privilege be made whilst the house is in committee, the committee reports progress thereons (see p. 80); or, upon an act of disorder committed in his presence, the chairman has quitted the chair and sent for the Speaker (see p. 387). Such an interruption may arise if a member be insulted or assaulted, or by a sudden act of disorder in the house 5 (see p. 346).

see p. 115.

A privilege matter may also be brought forward without notice, before the commencement of public business, and is considered immediately, on the assumption that the matter is brought forward without delay, and that its immediate Appoint consideration is essential to the dignity of the house; yet, committees though, in some respects, a matter of privilege properly on privilege, does not admit of notice, if a member can give notice, and the matter is a question of privilege, precedence is conceded to it. The right of complaint is not restricted to

ment of

see p. 246.

1 See the Speaker's ruling, 17th July, 1860, 159 H. D. 3 s. 2035; 17th March, 1864, 174 ib. 190; 21st June, 1880, 253 ib. 433; 17th May, 1881, 261 ib. 694; 16th Feb. 1882, 266 ib. 788.

2 12th May, 1848, interference of a peer with the election for Stamford, 98 ib. 931; 22nd May, 1848, Sligo election compromise, 98 ib. 1236; Peterborough election, appointment and nomination of committee, 18th and 21st July, 1853, 108 C. J. 691. 703; other election cases, see p. 654. Ameer Ali Moorad's claim, 22nd Feb. 1858, 113 C.J.68; Lisburn election, 21st April, 1864, 119 ib. 184; Azeem Jah (forged signatures to petitions), 8th May, 1865, 120 ib. 247; King's County election, 12th Feb. 1866, 121 ib. 55; complaint of Mr. Plimsoll's book, 20th Feb. 1873; complaint of Mr. Sullivan against Dr. Kenealy, 11th April, 1877; 132 ib. 144; forged sig

natures to petitions, 21st March, 1878, 238 H. D. 3 s. 1741; Clare writ, 17th April, 1879; see Mr. Speaker's ruling, 245 H. D. 3s. 518, &c.; forgery of a petition, 1829, 84 C. J. 187; complaints against newspapers, 93 ib. 306; 106 ib. 320, &c.; complaints regarding petitions, 228 H. D. 3 s. 1400.

3 143 C. J. 483.
4142 ib. 407.

5 79 ib. 483; 65 ib. 134.

Election compromises, 12th and 22nd May, 1848, 98 H. D. 3 s. 931. 1236; Peterborough election, 18th and 21st July, 1853, 108 C. J. 691. 703; expulsion of James Sadleir, 24th July, 1856, and 16th Feb. 1857, 143 H. D. 3 s. 1386; 144 ib. 702; Mr. Townsend's bankruptcy, 1858, 113 C. J. 229; case of Mr. Bradlaugh, 11th and 12th May, 1881, 261 H. D. 3 s. 218. 282. 431; Mr. Davitt, 27th Feb. 1882, 266 ib. 1811. 1842.

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