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XIV.

debate in a

chairman.

performs in committee all the duties which devolve upon Chapter
the Speaker in the house. He calls upon members as they
rise to speak, puts the questions, maintains order, and gives Oder
the casting vote in case of an equality of voices.

committee,

see p. 385. Casting On the 28th June, 1848, in committee on the Roman voice of

. Catholic Relief Bill, the numbers in a division were equal,

and the chairman gave his casting voice. It was stated, in
debate, that no such case was recollected, and doubts were
expressed as to the regularity of the proceeding: but a
similar case had already arisen in committee on the High-
ways Bill, on the 25th June, 1834; it was clearly consistent Standing,

and select with the rules of the house, and has since been followed committees, without question. In giving his casting voice, the chairman castiman's is governed by the same principles as the Speaker (see p. 364). cote, see p.

394. Thus, on the 29th July, 1869, the numbers being equal in committee of supply, upon the reduction of a vote, the chairman declared himself with the noes, as the committee would have an opportunity of voting upon any other reduction of the proposed vote.

The ordinary function of a committee of the whole house Procedure functions of ..

on charges, mmittees is deliberation, and not inquiry. All matters concerning the see p. 558. of the

imposition of taxes, or the grant of public money, must be
considered in committee, as a preliminary to legislation;
and any other questions which, in the opinion of the house,
may be more fitly discussed in committee, are dealt with in
that manner. The provisions of public bills are usually Reference

of bills to considered in a committee of the whole house (see p. 477). štanding

otrat committees, In former times, important inquiries were entrusted to se committees of the whole house ; as, for example, in 1744, the cause of the miscarriage of the fileet before Toulon ; in 1782, the want of success of the naval forces during the American war; in 1809, the conduct of the Duke of York ;

i 89 C. J. 430; 3rd Aug. 1859, deferred, and resolutions referred 114 ib. 333; 21st May, 1860, 115 ib. to a committee of the whole house, 256; 7th Aug. 1876, 131 ib. 398. 1858, 149 ib. 2016. See also the

? 198 H. D. 3 s. 950; 124 C. J. Speaker's ruling, 17th July 1905, 371.

that resolutions dealing with the re3 National Education, motion, distribution of seats should be con6th March, 1856, 140 H. D. 3 s. sidered in a committee of the whole 2015; Government of India Bill house, 149 Parl. Deb. 4 s. 897.

General

whole house.

xiv.

in 1808

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Chapter in 1810, the failure of the Expedition to the Scheldt; and,

in 1808 and 1812, the operation of the orders in council ; 1

and witnesses were examined at the bar. Such a tribunal
Witnesses,
see p. 424. is, however, ill adapted to close and consecutive examina-

tions, while the time occupied by its inquiries is a serious
impediment to the general business of the session. In
1790, committees of the whole house on the African
slave-trade were assisted in their inquiries by select com-
mittees appointed to take the examination of witnesses, and
report the minutes of evidence to the house. And of late
years no such inquiries have been referred to committees of
the whole house, while the investigation of matters of equal
importance has been more satisfactorily entrusted to secret

and select committees (see p. 400).3 Instruc- A committee can only consider those matters which have Matters

committed, e been committed to them by the house. If it be desirable Motions that other matters should also be considered, an instruction

**01uc is given by the house, to empower the committee to enterstanding or tain them.4 An instruction is moved as a distinct question, select committees, see after the order of the day has been read, and must be considered before the Speaker leaves the chair, under standing s. 0. 51,

Appendix I. order No. 51. Relerancy The general principle which governs debate and amendof debate on going ments (see p. 293), applies to all occasions that may arise into com

: on the question for the Speaker's leaving the chair for a supply, see committee of the whole house, when procedure thereon is p. 609.

excepted from the operation of standing order No. 51.

It is not necessary to give notice of the express terms of Notice not resolutions intended to be proposed in committee of the and motion whole house ; 6 nor does a motion in committee need a seconder.

P. 478.

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P. 483.

V.

1.

required,

not seconded in committee.

1 24 C. J. 773; 38 ib. 644; 64 ib. 15; 65 ib. 14; 63 ib. 199; 67 ib. 333.

2 45 ib. 11; 46 ib. 149.

3 War in the Carnatic, 1781, 58 ib. 430. 435; Victualling the Navy, 1782, 58 ib. 871; Naval Inquiry, 1805, 60 ib. 214. 413; Army before Sebastopol, 1855, 110 ib. 36 ; and see debate on its appointment, 136 H. D.

3 s. 979. 1121.

See the Speaker's ruling, 156 ib. 1720 (French Treaty in committee on Customs Act), on the reference of the treaty to the committee.

5 Navigation Laws, 15th May, 1848; Sardinian Loan, 12th June, 1856; Annual Budgets.

sums and dates.

Question of On the 3rd November, 1675, it was declared to be an Chapter

XIV. ancient order of the house, “ that when there comes a ques. tion between the greater and lesser sum, or the longer or shorter time, the least sum and the longest time ought first to be put to the question," l in order” that the change may be made as easy upon the people as possible.” The application of this rule in ordinary cases is rendered unnecessary by modern usage. Formerly, when resolutions or clauses of a bill, were tendered to a committee, containing proposals for the laying a charge upon the people, the dates and sums were not stated, but were left in blank. Therefore when the committee considered the matter, if two or more proposals were made suggesting various modes of filling up the blanks, the procedure prescribed by the rule was put in force : but as now arranged, dates and sums are placed before the committee printed in italics (see p. 560), which are dealt with by amendments proposed in the ordinary way: though the principle enforced by the rule is occasionally followed in the committees of supply, and ways and means (see p. 619), and might, if the need arose, be

observed by the house.
Royal mes. A message from the Crown, which has been referred

to a committee of the whole house, and resolutions or
documents which regulate its proceedings, are read by a
clerk at the table, so soon as the committee has been

entered upon. Amend. When a resolution is proposed in a committee, every moved in amendment may be moved, which might be moved to such committee. a resolution, if proposed in the house itself. Thus, in com- Procedure

on amendmittee on the government of Canada, on the 14th April, 1837, ments in an amendment was moved to leave out all the words after

* of supply, " that," in a resolution, in order to add other words ; 8 and see p. 616. again, on the 3rd May, 1858, a similar amendment was moved in committee on the government of India. Such a proceeding, however, would not be admissible in considering 19 C. J. 367; 3 Grey's Deb. 381- 108 C. J. 198; 109 ib. 254 ; 113 ib.

sage read..

ments

mmitice

148. 159, &c. ? For examples of proceedings 3 92 ib. 264. upon amendments to resolutions, see · 113 ib. 148.

388.

Chapter the clause of a bill (see p. 487) or resolutions in the com-
XIV.

mittee of supply (see p. 616) or ways and means (see p.
625) in committee on the East India Revenue Accounts
(see p. 598) or in a committee dealing with a grant of
public money as a preliminary to legislation (see p. 630).
In committee, amendments are proposed to the “proposed
resolution," and not to the “ question," as in the proceed-
ings of the house.
A motion for the “previous question” is not admitted Members

mi may speak
in a committee of the whole house (see p. 294). The main more than
difference between the proceedings of a committee and those once.
of the house is that in the former a member is entitled to
speak more than once, in order that the details of a question
or bill may have the most minute examination; or, as it is
expressed in the Lords' standing order No. 40, “ to have House of

Lords' promore freedom of speech, and that arguments may be used cedure." pro et contra ; " though it cannot be denied than an unrestricted right of debate offers special opportunities for

delay and obstruction. Instances Members must speak standing and uncovered, as when

" the house is sitting ;? although it appears that, in earlier speaking times, they were permitted to speak either sittingor standing.3 and roting

Standing order No. 43 directs that when the house is put p. 368. into a committee of the whole house, the house shall not be

resumed without the unanimous consent of the committee,

unless upon a question put by the lord in the chair. Absence of Order in debate in a committee is enforced by the Authority

of chairsee p. 231. chairman, who is responsible for the conduct of business man..

therein; and from his decision no appeal should be made
to the Speaker,4 nor should an appeal from the decision of

in committees, see .

i This variation of practice appears to have been introduced in 1852, 108 C. J. 187. 188.

2 248 H. D. 3 s. 406.

3 In a committee on a subsidy, 7th Nov. 1601, Sir Walter Raleigh was interrupted by Sir E. Hobby, who said, “You should speak standing, that so the house might the better hear you." Raleigh replied, "that being a committee, he might either

speak sitting or standing.” Mr. Secretary Cecil rose next, and said, “Because it is an argument of more reverence, I chuse to speak standing." 1 Hans. Parl. Hist. 916.

21st Feb. 1860, 156 H. D. 3 s. 1474 ; see also 170 ib. 109; 176 ib. 31; 22nd Dec. 1888, 332 ib. 1011; 15th Aug. 1889, 339 ib. 1359 ; 9 Parl. Deb. 4 s. 975; 98 ib. 978; 99 ib. 365 ; 135 ib. 722. During the session of

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the deputy chairman or a temporary chairman? be made Chapter

XIV. to the chairman of ways and means on his resuming the chair. Except when a temporary chairman is in the chair

(see p. 381), the closure powers created by standing S. 0.1. orders Nos. 1 and 26 are as operative in a committee 26, Appen

as in the house itself (see p. 218), and are enforced in the
same manner. The rules observed by the house regarding
order in debate are followed in committee, hence as refer-
ence to debate in committee is not permitted in the house
(see p. 325), reference in committee to the conduct of the
Speaker is not allowed : nor can the enforcement of closure

at a previous sitting of the committee be discussed.4 . 0. 19, By standing order No. 19 (see p. 316), the chairman is For perAppendix I.

empowered to check irrelevance or tedious repetition in interest in debate. And the rule that a member who has used objec

Jour committee, tionable words must explain or retract the same, or offer see p. 377. an apology (see p. 335), is as operative in committee as in

the house. A division which, in the opinion of the chair8. 0.30, man, is frivolously or vexatiously claimed can be dealt with Appendisl. by him in pursuance of standing order No. 30 (see p. 370). Disorder in The chairman possesses the power given to the Speaker Disorder in committee. by standing order No. 20 (see p. 350), of directing a member see also p: S. 0. 20, Appendix I, whose conduct is grossly disorderly to withdraw imme- 347.

diately: 5 but with this exception, the suspension of members
on the chairman's report, and the conduct of disorderly Suspension
members, are considered with the Speaker in the chair. The

The see p. 340.
house is therefore resumed on account of words of heat or
disputes between members, or when words have been taken

a vote in

mommit

nbers

1836, when the present method of 1853, upon a report of progress, a taking divisions was a novelty, to point of order in debate was sub. take thereon the instruction of the mitted to the judgment of the house, progress was reported by & Speaker, who gave his decision committee, 91 C. J. 104; and in thereon, 126 H. D. 3 s. 1243. For See also the session of 1855, doubts having the Speaker's statement regarding Speaker's arisen in a committee regarding procedure by a chairman of a stand. ruling, p.

621. the right of certain members to ing committee, see p. 397, n. 3. vote, the chairman, after the house i Parl, Deb. 4 s. 731. was resumed, submitted the matter 2 18 Parl. Deb. 4 s. 1875-83. to the consideration of the Speaker, 3 248 H. D. 3 s. 61. 139 H. D. 3 s. 486; 110 C. J. 352. 4 323 ib, 1446. On one occasion only, 6th May, 148 C. J. 428.

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