페이지 이미지
PDF
ePub

in committce, P. 386.

Chapter for an explanation from the member who had so offended,

_ required him to withdraw the words, and to apologize to

the house. See also Indecent interruptions of the debate or proceedings, in Interrupdisorder

tions in a committee of the whole house, are regarded in the same committee. light as similar disorders while the house is sitting. On the 27th February, 1810, the committee on the Expedition to the Scheldt reported that a member had misbehaved himself during the sitting of the committee, making use of profane oaths and disturbing their proceedings. Mr. Fuller, the member complained of, was heard to excuse himself; in doing which he gave great offence by repeating and persisting in his disorderly conduct; upon which Mr. Speaker called upon him by name, and he was ordered to withdraw. It was immediately ordered, nem. con., that “for his offensive words and disorderly conduct he be taken into the custody of the Serjeant.” The member further aggravated his offence by breaking from the Serjeant, and returning into the house in a very violent and disorderly manner, whence he was removed by the Serjeant and his messengers, upon an order given by the Speaker.

On the 9th June, 1852, the house being in committee, Mr. F. O'Connor interrupted the proceedings of the committee by disorderly and offensive conduct towards a member, and the chairman was directed to report the same to the house. On the Speaker resuming the chair, a motion was made that Mr. O'Connor do attend in his place forth with : but it was represented that on the previous day he had been disorderly and had apologized, and that it was fruitless to deal with him again in the same manner. While his conduct was under discussion, he twice entered the house and approached the chair of Mr. Speaker, and then withdrew. It was thus obvious to the house that he must be dealt with summarily; and it was accordingly ordered, nem. con., that for his disorderly conduct and contempt of

1 142 C. J. 211; see also com. plaints, 30th July and 2nd Aug.

1888, 143 ib. 410. 413.

: 65 ib. 134.

2.

the house, he be taken into the custody of the Serjeant-at- Chapter

XII. arms.?

Again in committee, on the declaration of the numbers taken at a division, an interchange of insulting words between two members formed the subject of complaint: but, after an explanation, the words were mutually with

drawn.2
Misbe- In cases of disorder, the jurisdiction of the house is also
haviour in
the lobbies. extended to the lobbies. On the 11th April, 1877, on the

numbers being declared after a division, complaint was
made to the house, by Mr. Sullivan, of an offensive expres-
sion addressed to him by Dr. Kenealy, in the side lobby,
during the division just taken. Mr. Speaker observed that, See the

Speaker's
had the expression complained of been used in the house, duties, p.
it would have been his duty to deal with the matter on his 184,
own authority : but as the complaint referred to words used
in the lobby, he left it to the consideration of the house ;
and Mr. Speaker called upon Dr. Kenealy to explain his
conduct. Dr. Kenealy was heard in his place; and, having
admitted that he had used the expression complained of,
desired to submit his conduct to the decision of the house :
after which he withdrew. It was then resolved that he
be ordered to withdraw the offensive expression, and to
apologize to the house for having used it. Dr. Kenealy
being called in, the Speaker acquainted him with the
resolution of the house, and he withdrew the offensive
expression complained of, and apologized to the house for
having used it. On a subsequent occasion, 18th July, 1887,
insulting words addressed by a member to another member
in the outer lobby, were brought under the cognizance of
the house.

1 On the 16th June he was dis- the Speaker, as a point of order, recharged, on the report of a com. garding an alleged threat uttered by mittee, that arrangements had been a member to another member in a made for his removal to a lunatic lobby, was met by the Speaker's asylum, 107 C. J. 278. 292. 301. stating that upon an occurrence in

• 13th Aug. 1890, 145 ib. 572. the lobby he declined to give an 3 132 ib. 144; 233 H. D. 3 s. 951. opinion, 5th July, 1881, 263 H. D. 3

* 317 ib. 1167; 142 C. J. 377. 389. S. 50. On a former occasion, an appeal to

Chapter In the enforcement of all these rules for maintaining Authority XII. order, the Speaker of the House of Lords has no more Lords.

of Speaker. authority than any other peer, except in so far as his own personal weight, and the dignity of his office, may give

effect to his opinions, and secure the concurrence of the
Position of house. The result of his imperfect powers is that a peer
Speaker,
sce p. 191. who is disorderly is called to order by another peer, perhaps

of an opposite party; and that an irregular argument is
liable to ensue, in which each speaker imputes disorder to
the last, and recrimination takes the place of orderly
debate. There is no impartial authority to whom an appeal
can be made, and the debate upon a question of order
generally ends with satisfaction to neither party, and
without any decision upon the matter to which exception

had been taken. Duties of In so large and active an assembly as the House of Commons. see p. 192. Commons, it is absolutely necessary that the Speaker Question of should be invested with authority to repress disorder, p. 323. . and to give effect, promptly and decisively, to the rules

and orders of the house. The ultimate authority upon
all points is the house itself: but the Speaker is the
executive officer, by whom its rules are enforced. In
ordinary cases, the breach of order is obvious, and is

immediately checked by the Speaker; in other cases, Question of if his attention is directed to a point of order at the Point of order

order to during a proper moment, namely, the moment when the alleged be rais

o violation of order occurred, he at once gives his decision, fort

and calls upon the member who is at fault, to conform
to the rule as explained from the chair. But doubtful
cases may arise, upon which the rules of the house are in-
distinct or obsolete, or do not apply directly to the point
at issue; when the Speaker, being left without specific
directions, refers the matter to the judgment of the house.
On the 27th April, 1604, it was “ agreed for a rule, that if
any doubt arise upon the bill, the Speaker is to explain,
but not to sway the house with argument or dispute ; " and

order, see

forth with

se

357.

1 22nd March, 1872, 210 H. D. 3 s. 534 ; 20th June, 1879, 247 ib. 325. See

also Mr. Speaker Denison's Diary,
p. 42.

be heard.

p. 278.

order a

house.

in all doubtful matters this course is adopted by the Chapter Speaker.?

XII. Speaker Whenever the Speaker rises to interpose, in the course Motions on always to

of a debate, he is to be heard in silence,” and the member Seaker's
who is speaking, or offering to speak, should immediately conduct, see
sit down, nor should members leave their seats while the
Speaker addresses the house; 3 and members who do not
maintain silence, or who attempt to address the Speaker,
are called to order by the majority of the house, with loud

cries of.“ order” and “chair."
Power of Of late years, the authority of the chair in maintaining
and Chair- order has received an accession of strength by standing
man to

order No. 18, session 1882, “Suspension of members ” (see member to p. 340), and by standing order No. 20, session 1888, which withdraw from the empowers the Speaker or the chairman * to order a member

whose conduct is grossly disorderly to withdraw immeS. 0. 18, Appendix I. diately from the house during the remainder of that day's

sitting; 5 or if the Speaker or the chairman deems that the
S. 0. 20,
Appendix I. powers conferred by this standing order are inadequate to

deal with the offence, he may, in accordance with standing
order No. 18, name such member; or he may call on the
house to adjudge upon his conduct.

Members ordered to withdraw in pursuance of this

standing order, or who are suspended from the service
from the
precincts. of the house in pursuance of standing order No. 18, must

withdraw forthwith from the precincts of the house,
subject, however, in the case of members under sus-
pension, to the proviso regarding their service on private

bill committees. Members It is a rule in both houses, that when the conduct of a With

drawal, draw when mende

member is under consideration, he is to withdraw during the personal their con

Withdrawal

to with

interest in duct is

a vote, see under de 11 C. J. 187; 2 Lord Colchester's to the chair during the progress of p. 378. Diary, 141.

a division, 155 ib. 380. 2 1 C. J. 244.

6 The area within the walls of the 3 49 Parl. Deb. 4 s. 122.

palace of Westminster compose the
+ i.e. any chairman.

parliamentary precincts. Answer
s 1st Dec. 1888, 331 H. D. 3 s. by the Clerk of the house, Question
732; 11th July, 1893, 148 0. J. 424; 1164, Report Select Committee
151 ib. 242; 152 ib. 265; 153 ib. 96, (Privilege), sess. 1888, No. 411.
&c. For using insulting language

bate.

Chapter

XII.

debate. The practice is to permit him to learn the charge against him, and, after being heard in his place, for him to withdraw from the house. The precise time at which he should withdraw is determined by the nature of the charge. When it is founded upon reports, petitions, or other docu. ments, or words spoken and taken down, which sufficiently explain the charge, it is usual to have them read, and for the member to withdraw before any question is proposed. But if the charge be contained in the question itself, the member is heard in his place, and withdraws after the question has been proposed; as in the cases of Mr. Secretary Canning, in 1808 ; ? and of Lord Brudenell, in 1836.8 If the member should neglect or refuse to withdraw, at the proper time, the house would order him to withdraw. Thus, in the Lords, Lord Pierpoint, in 1641, and Lord Herbert of Cherbury, in 1642,4 were commanded to withdraw; and in the Commons, in 1715, it was ordered, upon question and division, “that Sir W. Wyndham do now withdraw." 5 When a member's conduct has not been directly impugned by the form of the question, he has continued in the house and voted.

When Mr. John Bright, 18th June, 1883, had been heard in reply to a motion that words he had uttered amounted to a breach of privilege, the Speaker reminded him that he should withdraw. Mr. Bright, however, expressed a wish to remain in his place. The Speaker ascertained the general sense of the house, and Mr. Bright's withdrawal was not required.?

And, acting in like manner, when a member against whose conduct a complaint was made, having been first heard, bad withdrawn, on the expression of a desire that

" See the cases of Lord Coningesby, in 1720, 21 L. J. 450; Sir F.Burdett, in 1810, 65 C. J. 224; Sir T. Trou. bridge, in 1833, 88 ib. 470; Mr. O'Connell, in 1836, 91 ib. 42; Mr. S. O'Brien, in 1846, 101 ib. 582; Mr. Isaac Butt, in 1858, 113 ib. 68; Mr. Lever, in 1861, 116 ib. 377. 381; see also Mr. Plimsoll's case, 1873,

128 ib. 61.

2 63 ib. 149.
3 91 ib. 319.
+ 4 L. J. 476 ; 5 ib. 77.
5 18 C. J. 49.

Mr. Stansfeld, 17th March, 1864, 174 H. D. 3 s. 340.

; 280 ib. 812; 138 C. J. 280.

« 이전계속 »