XIII. Chapter of a member who had voted with the noes, because, as director and shareholder in the Caledonian Railway Company, he had a direct pecuniary interest in the rejection of the Glasgow, Dumfries, and Carlisle Railway Bill. Whereupon he stated that the sole direct interest that he had in the Caledonian Railway was as holder of twenty shares, to qualify him to be a director in that undertaking; and that he voted against the Glasgow, &c., Railway, conceiving it to be in direct competition with the Caledonian Railway, as decided by the legislature in the last session. A question for disallowing his vote, on the ground of direct pecuniary interest, was negatived.1 On the 9th March, 1886, objection was taken to the votes of two members given in favour of committing the Manchester Ship Canal Bill to a select committee on the ground that, as directors of the London and North Western Railway Company, the receipts and dividends of which might be affected by the construction of the canal, they were pecuniarily interested in the matter. The motion for disallowing their votes was negatived.2 An objection to a vote, on the ground of personal interest, Motions to cannot be raised or mooted except upon a substantive votes. motion, that the vote given in a division be disallowed, on the principle affirmed upon p. 278, and cannot be brought forward as a point of order. An objection on the same ground against a vote given in committee of the whole house must be determined by the committee upon a motion made therein, that the vote be disallowed, and a motion to report progress, in order to bring such an objection before the house, has not been permitted. The member 1 101 C. J. 873. 3285 H. D. 3 s. 1222; 4th March, 1892, 2 Parl. Deb. 4 s. 90. A motion for a committee to inquire into the legality of votes given in a division has also been held to be out of order, 92 Parl Deb. 4 s. 419. 4 17th June, 1890, 345 H. D. 3 s. 1232-1235. Owing to the interruption of business at ten minutes to seven o'clock, a motion that certain votes be disallowed, given in the In private bill committees. Member interested may propose motion or amend ment. XIII. whose vote is under consideration on the ground of personal Chapter 66 interest in in a stand p. 396. The principle of the rule which disqualifies an interested Personal member from voting, must always have been intended to a vote given apply as well to committees as to the house itself: but it ing comis undeniable that a contrary practice had very generally mittee, see obtained in committees upon private bills, although it was not brought directly under the notice of the house until the 21st June, 1844, when the Middle Level Drainage Bill committee instructed their chairman to report that a member had received an intimation that he ought not to vote on questions arising thereon, by reason of his interest in the said bill;" and desired the decision of the house upon the following question: "Whether a member, having property within the limits of an improvement bill, which property may be affected by the passing of the bill, has such an interest as disqualifies him from voting thereon." The reply the house made to the application from the committee was an instruction thereto, "That the rule of this house relating to the vote, upon any question in the house, of a member having an interest in the matter upon which the vote is given, applies likewise to any vote of a member so interested, in a committee." 2 Since that time, com- Reference of private mittees on opposed private bills are constituted so as to bills to exclude members locally or personally interested; and in committees committees on unopposed bills, such members are not en- private bill titled to vote (see p. 747). And a member of a committee see p. 405. on an opposed private bill, or group of bills, will be dis- Chairman of ways charged from further attendance, if it be discovered, after and means his appointment, that he has a direct pecuniary interest in the bills, or one of them (see p. 756). But though a member interested is disqualified from voting, he is not restrained, by any existing rule of the 1 91 C. J. 271; 80 ib. 110; 138 ib. 189; 141 ib. 83. 2 77 H. D. 3 s. 16. 3 101 C. J. 904; 104 ib. 357; 115 ib. 218; N. E. Railway (Hull Docks) Bill, 27th June, 1892, 147 ib. 398. other than committees, (personal interest), see p. 747, n. XIII. Chapter house, from proposing a motion or amendment. On the 26th July, 1859, Mr. Whalley moved an amendment to a clause added by the Lords to a railway bill, in which he admitted that he was personally interested. In the debate, exception was taken to such an amendment having been proposed by a member having a pecuniary interest: but the Speaker ruled that, though it was a well-known rule of the house, that a member under such circumstances could not be permitted to vote, and though the course adopted was certainly most unusual, yet there was no rule by which the right of a member to make a motion was restrained, and he had been given to understand that Mr. Whalley did not intend to vote.1 On the 15th June, 1904, Mr. Kerr formally moved the committal, to a joint committee, of the Leith Corporation Tramways Order Confirmation Bill without objection being taken to his action, although his personal interest in the bill was stated to the house. He did not vote in the subsequent division.2 Objections that a member alleged to be personally interested could not give a notice of opposition to a bill, and that a member, who moved an instruction to a committee on a private bill, was a member of a corporation which petitioned against the bill, were overruled by the Speaker.3 money. The law of Parliament regarding the acceptance of bribes Offer of or pecuniary rewards for parliamentary services, has been explained elsewhere (see p. 84). interest Disallowance of a vote on the score of personal interest Personal is restricted to cases of pecuniary interest, and has not not pecubeen extended to those occasions when the dictates of self- niary. respect, and of respect due to the house, might demand that a member should refrain from taking part in a division.* 1 155 H. D. 3 s. 459. 2 136 Parl. Deb. 4 s. 212. 263 H. D. 3 s. 1477; 287 ib. 875. • See statement by the Speaker, 18th March, 1864, 174 H. D. 3 s. 340. For cases of members who voted against the motion for their suspension, see Mr. Bradlaugh's votes, 22nd Feb. 1882, 137 C. J. 61; 11th Feb. 1884, 139 ib. 41. On the first occasion, the Speaker stated that it was for the house to consider what Mode of appoint ment. S. O. 51, Chairman of Lords' CHAPTER XIV. COMMITTEES OF THE WHOLE HOUSE: AND STANDING COMMITTEES. A COMMITTEE of the whole house is, in fact, the house itself, Chapter Table of see Intro- P. 477. ments on is appointed in the Lords by an order, "That the house be The chair is taken, in the Lords, by the chairman of comcommittee. mittees, who is appointed by a resolution of the house.2 Pursuant to standing orders Nos. 41 and 42, he takes the chair in all committees of the whole house, and in all committees upon private bills, unless where it shall have been otherwise directed by the house; and if he, or any lord appointed by the house in his place, shall be absent (unless by leave of the committee), the house is resumed. 1 If the member who has given notice of an instruction be not present when the order of the day is read, the Speaker leaves the chair forthwith, Elector's Qualification Bill, 26th May, 1892. 42 L. J. 636. 653; 10th May, 1886, 118 L. J. 180; Lords Minutes, 16th Feb. 1905. see p. 608. tions, see Chapter See appointment of chairman of ways and means, p. 603. Nor can the committee proceed to business unless a chair- 2 of com in the In the Commons the chair (at the table) is generally Chairman taken by the chairman of the committee of ways and mittees means, or in his absence by the deputy chairman. Dif- Commons. ference in a committee concerning the election of a chairman is determined by the house itself. In the absence of the chairman of ways and means, and of the deputy chairman, the chair of a committee of the house is usually taken by a member, on the suggestion of a member of the government, or otherwise, without question on the part of the house; though in such a case preference is given to one of those five members whom, in pursuance of the provision contained in standing order Temporary No. 1, the Speaker nominates at the commencement of every session to act as temporary chairman of committees, s. 0. 1, Appendix I. Suspension when requested to do so by the chairman of ways and enforceable by tempomeans. During prolonged sittings of a committee it has Occasional rary chair- also been customary for the chairman to withdraw, and to 341 also be replaced by another member, without any question.3 see p. 350. Closure in committee is enforceable only under the chair men, see p. 8. O. 20, chairmen. chairmen. man of ways and means, or under the deputy chairman S. O. 81, business. The proceedings in committee are conducted in the same Conduct of manner as when the house is sitting. In the Lords, a peer addresses himself to their lordships, as at other times; in the Commons, a member addresses the chairman, who 1 80 L. J. 125. 406; 81 ib. 233; 88 ib. 38; 95 ib. 106; 103 ib. 12. For cases in which peers have been appointed to act as chairman of committees, in the absence of the chairman from illness, see 103 L. J. 15; 106 ib. 77; 120 ib. 180; 136 ib. 33. 2 This usage began in 1841. Until that time the chair of committees of the whole house was taken by 3132 C. J. 395; 137 ib. 322, &c. |