No reserved speech on moving adjourn ment, &c. In committee. New question. 3 XII. this manner, was precluded from afterwards addressing the Chapter 3. In a committee of the whole house the restriction upon The adjournment of a debate does not enable a member 1 28th Feb. 1821, 4 H. D. 2. s. 1013. 2 19th March, 1872, 210 H. D. 3 s. 304. Mr. Bernal Osborne, 21st July, 1851, 118 ib. 1147. 1163; Mr. Lowe, 11th June, 1855, 138 ib. 1300. 1756. 21st June, 1892, 5 Parl. Deb. 4 s. 1744. 5 237 H. D. 3 s. 1532; 240 ib. 6 227 H. D. 3 s. 1659. going into XII. 1 Chapter question," or an amendment, members are at liberty to speak again; as the rule applies strictly to the prevention of more than one speech to each separate question proposed : but a member who has already spoken to a question, or has moved or seconded an amendment thereto,2 or a motion for the adjournment of the debate, may not rise again to move an amendment, or the adjournment of the house or of the debate, or any similar question, though he may speak to these new questions when proposed by other members. On the 27th October, 1884, an amendment having been moved to add words to the address in answer to the Queen's speech, that being the third day of the debate, that amendment was amended, without opposition, by leaving out the earlier portion of it, when a doubt was raised whether the amendment so amended had not become a new question, upon which members who had already spoken might again address the house: but, after full consideration, it was ruled that it was still the same question. A member, however, Speech on who has already spoken, may rise and speak again upon order. a point of order or privilege, if he confines himself to that subject, and does not refer to the general tenor of a speech.5 Point of order raised, see p. 349. Inter "order," point of debate. For preserving decency and order in debate, various rules Order in ruptive cry, have been laid down, which, in the Lords, are enforced by &c., see p. the house itself, and in the Commons by the Speaker in the first instance, and, if necessary, by the house. The violation 345. 66 of these rules any member may notice, either by a cry of order," or by rising in his place, and, in the Lords, addressing the house, and, in the Commons, the Speaker. When a member speaks to order, he must simply direct attention to the point complained of, and submit it to the division, see decision of the Speaker (see p. 349). Sitting covered during a p. 310. 165 H. D. 3 s. 826. 2 190 ib. 674; 211 ib. 870; 212 ib. 1118. 3 Ten divisions took place, 17th June, 1870, upon questions of adjournment, to defeat the Clerical Disabilities Bill. The rule which prevents a second speech upon the same question was strictly enforced; and when the minority was reduced 10. 293 H. D. 3 s. 298; 140 C. J. 195 H. D. 3 s. 2008. Rules for members speaking. Referring XII. The rules for the conduct of debate divide themselves Chapter into two parts, viz.: I., such as are to be observed by members addressing the house; and, II., those which regard the behaviour of members listening to the debate. I. (1) A member, while speaking to a question, may not allude to debates of the same session upon any question or bill not then under discussion; (2) nor speak against or reflect upon any determination of the house, unless he intends to conclude with a motion for rescinding it; (3) nor allude to debates in the other house of Parliament; (4) nor utter treasonable or seditious words, or use the King's name irreverently, or to influence the debate; (5) nor speak offensive and insulting words against the character or proceedings of either house; (6) nor refer to matters pending a judicial decision; (7) nor reflect upon the conduct of the sovereign or of other persons in authority; (8) nor make personal allusions to members of Parliament; (9) nor obstruct public business. (1) It is a wholesome restraint upon members, to preto prior de- vent them from reviving a debate already concluded; and there would be little use in preventing the same question or bill from being offered twice in the same session, if, without being offered, its merits might be discussed again and again.1 The rule, however, is not always strictly enforced peculiar circumstances may seem to justify a member in alluding to a past debate, and the house and the Speaker will judge, in each case, how far the rule may fairly be relaxed. On the 30th August, 1841, for instance, an objection was taken that a member was referring tɔ a preceding debate, and that it was contrary to one of the rules of the house. The Speaker said, "That rule applied Personal explanain all cases: but where a member had a personal com- tion, see p. plaint to make, it was usual to grant him the indulgence of making it." And again on the 7th March, 1850, he 1 See H. D. 28th Feb. 1845, where Mr. Roche had come from Ireland on purpose to ask Mr. Roebuck a question, but was stopped by Mr. Speaker; 7th Aug. 1876, 231 H. D. 3 s. 749; 238 ib. 1403. 259 H. D. 3 s. 486; see also 65 ib. 642, 26th July, 1842. 319. XII. ence in de Chapter said, "The house is always willing to extend its indulgence, when an honourable member wishes to clear up any misrepresentation of his character: but that indulgence ought to be strictly limited to such misrepresentations, and ought not to extend to any observations other than by way of correction." Again, on the 3rd March, 1856, a noble lord was allowed to refer to a former debate by way of personal explanation: but directly he proposed to introduce new matter, he was stopped by the Speaker; and the same. rule was explained and enforced on the 26th February, No refer 1858, on the 4th June, 1863, and on other occasions.1 Nor is a member allowed to refer to a speech made in a comproceedings mittee of the whole house. This rule, however, does not apply to debates upon different stages of a bill; and after the passing of an Act, allusions have been allowed to debates during its progress, while discussing a proclamation issued under that Act. And upon a motion for Resolutions practically rescinding a resolution of the house, reference has been permitted to the debate upon that resolution.* There appears, however, to be a technical difficulty in the strict enforcement of the rule in committee, where a debate in another committee is referred to, as one committee is not supposed to be cognizant of the debates of another.5 bate to committee before report, see p. 492. rescinded, see p. 300. 2 from news papers. A member may not read any portion of a speech, made in Reading the same session, from a printed book or newspaper. This rule, indeed, applies strictly to all debates whatsoever, the publication of them being a breach of privilege: but of late years it has been relaxed, by general acquiescence, in favour of speeches delivered in former sessions. It is also irregular 17th March, 1850 (Mr. Campbell and Mr. B. Osborne), 109 H. D. 3 s. 462; see also 30th March, 1846 (Sir J. Graham and Mr. Shaw), 85 ib. 300; 140 ib. 1708; Sir R. Bethell, Mr. Scott, and Mr. Warren, 149 ib. 1014; 235 ib. 503. 1192; 236 ib. 36. 172; Sir W. Marriott, 10 Parl. Deb. 4 s. 523. 2 154 H. D 3 s. 985. 3 Royal Titles Act, May 11th, 1876, 129 ib. 374. • Controller of the Stationery Office, 1877, 235 ib. 1703. 5 In committee of supply, Education Vote, 12th June, 1856, 142 ib. 1534. 203 ib. 1613, &c. On the 17th May, 1794, Sir W. Young objected to the reading of a speech of Sir R. Walpole: but the Speaker decided it to be regular, drawing a distinction between the speeches of dead and living members, 31 Parl. Hist. 527. Reflecting upon votes of the house. Allusions to debates in the other house. XII. to read extracts from newspapers, letters, or other docu- Chapter (2) The objections to the practice of referring to past (3) The rule that allusions to debates in the other house are out of order, prevents fruitless arguments between members of two distinct bodies who are unable to reply to each other, and guards against recrimination and offensive language, in the absence of the party assailed: but it is 127th Feb. 1846 (Mr. Ferrand), 84 H. D. 3 s. 232; also 154 ib. 1200; 162 ib. 1885; 168 ib. 1198; 183 ib. 826; 191 ib. 2030; 206 ib. 1330; 208 ib. 1604; 241 ib. 831. 2 52 ib. 1063-1065. 3 140 ib. 764; 144 ib. 2106. H. D. 3 s. 1123; 186 ib. 885. 5 328 ib. 1899; 329 ib. 58; 354 ib. 431; 9 Parl. Deb. 4 s. 450; 10 ib. 1411; 11 ib. 1839; 12 ib. 412-423. 835. 1197-1202; 16 ib. 1968; 39 ib. 867; 40 ib. 1731; 61 ib. 863; 110 ib. 499, 510; 151 ib. 980. closure, p. |