Sittings and pro XV. select committees by ballot. There are also sessional Chapter lords and By standing orders Nos. 54-56, any of the lords of the Presence of ceedings in committee speaks to the rest uncovered, but may sit still strangers, the Lords. if he pleases; and the committees are attended by such P. 408. judges or learned counsel as are appointed, who are not to sit there or be covered, unless it be out of favour for infirmity. Witnesses, A select committee of the House of Lords may sit, notwithstanding any adjournment of the house, without special leave. and Parlia The Lords do not give select committees authority to send Witnesses how sum- for witnesses or documentary evidence, nor have the com- ment, see the Lords. mittee any such power: but parties are ordinarily served Minutes of on Lords' com with a notice from the clerk attending the committee, that Pursuant to resolutions of the 25th June and 7th Deproceedings cember, 1852, in effect the same as the Commons' standing orders Nos. 59. 60. and 61, a record is made on the minutes of the proceedings of the select committees of the House 1 16 L. J. 758; 22 ib. 116; 40 ib. 198. mittees. XV. Chapter of Lords, of the names of lords who put questions to witnesses, who are present at each sitting, and who take part in a division. For nomination of The chairman of a Lords' committee votes, like the Appointother members, but has no casting vote (see p. 411). ment, constitution, and prac The constitution of the select committees of the House of tice in the Commons is regulated by standing orders Nos. 55-62, Commons. which make provision respecting the number of members s. 0. 55– 62, Appenplaced upon the committees, for their attendance, for the di select com- publication of their names on the notice paper of the mittees by house, and upon the minutes of proceedings, and require commence that due previous notice shall be given of motions for the ment of public busi- nomination of members on select committees. Notice also ness, see p. must be given of a motion for discharge of a member motion at 257. Matters of privilege, therefrom. ment of In compliance with these orders, a select committee is Appointusually confined to fifteen members: but if from any members. special circumstances a larger number should be thought necessary, the house will, upon notice previously given (see p. 246), order that the committee do consist of a certain other number.1 tees on A committee upon a matter of privilege may be Commitsee p. 270. appointed and nominated forthwith without notice; such matters of a committee having been held not to be governed by privilege. any of the orders applicable to the appointment and nomination of other select committees.a tion of The nomination of select committees has in special Nominacases been entrusted by the order of the house to sources select comother than its own decision. For instance, the house has mittee 8 1 Of twenty-one members (Civil Bills (Ireland) Bill, 1851), 106 C. J. 218; of thirty-one members (Indian Territories, 1852), 107 ib. 168; of thirty members (Leasing Powers, &c. (Ireland) Bills), 108 ib. 284; of twenty-three members (Merchant Ships), 135 ib. 84; of twenty-seven members (Merchant Shipping), ib. 180; Railway Rates, and Agricultural Tenants Compensation Bills, 1882, 137 ib. 21. 376, &c. otherwise than by ; 2 112 ib. 232; 146 H. D. 3 s. 97' the house 113 C. J. 68; 148 H. D. 3 s. 1855- itself. 1867; 143 C. J. 484. 3 Until the surrender by the Commons of their judicature over contested elections put an end to the general committee on elections, the nomination of committees was occasionally entrusted to that body. Stanford, Derby, and Sligo Elections, 103 ib. 555; 108 ib. 158; 109 ib. 52; Mr. Stonor's case, 1854, 1 XV. For nomi appointed certain committees by ballot; or has named Chapter two members, and appointed the rest of the committee by ballot; 2 or, having chosen twenty-one names by ballot, has permitted each of two members nominated by the house to strike off four from that number. The house habitually Committee resorts to the committee of selection, for the partial nomi- tion, see p. of Selecnation of the members of committees on hybrid bills (see 745. p. 468) and occasionally also for the nomination, wholly or nation of Motion for partially, of other select committees. When the house has committees discharge on hybrid of memdelegated this duty to the committee of selection, no notice hills, see p. bers of motion, either for the discharge of a member nominated nominated Police, &c., by com- by that committee or for the substitution of another member committee, see p. 751. selection. in his place, is permissible, unless such motion is given under authority from the committee of selection.5 Members have also been nominated to serve on a committee to examine witnesses, without the power of voting, or to mittee of 109 C. J. 182; Education (Inspectors' 1 Secret committees: 41 L. J. 96. 2 88 C. J. 144. 467, &c. 4 The select committees on the 6 Contagious Diseases Acts of session 4th April, 1892, 3 Parl. Deb. 4 s. 552. Carlow Election, 91 C. J. 42; Mr. Stonor's case, 109 ib. 232; Education (Inspectors' Reports), 119 ib. 281; Leeds bankruptcy court, 120 ib. 812; London Corporation (Charges of Malversation), 142 ib. 108. In this case these members had the power to propose, as well as to examine witnesses. 469. XV. Chapter serve on a committee, and to take part in its proceedings, but without the power of voting.1 In the nomination of members to serve on select committees, and on select committees to whom hybrid bills (see p. 469) or private bills (see p. 750) may be referred, neither the house, nor the committee of selection, are bound to consider whether members are personally interested in the matter or bill referred to the committee, and no objection can be raised in this respect to the constitution of the committee. Lords' amend ments, com Sessional committees also are appointed, such as the Sessional committee of public accounts under standing order No. 75 mittees. (see p. 597); the committees on standing orders (see p. 716) and public petitions (see p. 534), the committee of selection (see p. 745), the general committee on railway and canal bills (see p. 745), the committee on police and sanitary bills (see p. 751), and the kitchen and refreshment-rooms committee. added and Pursuant to standing orders Nos. 55 and 57, the nomi- Members nation of members on a committee, or the substitution discharged. of members for those who have been nominated thereon, Appendix I. S. 0. 55, and proposals to increase the number of a committee beyond fifteen, or such other number as the house may have agreed upon, cannot be moved, except upon previous notice. Previous notice also is required of a motion to discharge a member from attendance on a committee.2 Upon a matter of privilege, or to fulfil the orders or Privilege, the intention of the house, committees are appointed and to draw up nominated forthwith without notice (see p. 245). reasons, p. 508. &c. The number that shall form the quorum of a committee Quorum. is ordered by the house. Where no quorum is named, it is necessary for all the members of the committee to attend. In cases of an inquiry partaking of a judicial character, the house has named a quorum of five, but at the same time ordered the committee to report the absence of any member on two consecutive days; or, when such an investigation has been undertaken by a committee of five members, 1 Moorad's claim, 1858, 113 C. J. 68. 3 3 Great Yarmouth and York Elections, 90 ib. 457. 504. 8. 0.62, Appendix I. Power to send for persons, records. no quorum has been fixed by the house.1 Three are generally a quorum in committees of the upper house, and A committee cannot proceed to business without a The Income and Property Tax committee was instructed to report the evidence of a witness, although given when its quorum was incomplete.8 Chapter XV. As the object of select committees is usually to take Summons to evidence, the House of Commons, when necessary, gives see p. 424. witnesses, ration of see p. 434. tration of papers, and them "power to send for persons, papers, and records." RemuneIf that power be not given, the documents that may be witnesses, laid before the committee are handed in by the chairman. Adminis Under the power to send for persons, &c., witnesses may oath to be summoned by an order, signed by the chairman, and witnesses, must bring all documents that will be required for the use of the committee. If the order is neglected or disobeyed, the matter is reported to the house, and an offender is 1 See cases in vols. C. J. 109. 119. 120, cited in note 6, p. 404. 2 The committee on Moorad's claim, sess. 1858, consisted of seven, and the quorum was five. a 111 C. J. 8. 12; 120 ib. 46. Army before Sebastopol, 1855, 110 ib. 87: 125 ib. 40; 126 ib. 61, &c. • Committee of privileges, 1854, 109 ib. 75; oaths of members, 1857, 112 ib. 374. 6106 ib. 279; 116 ib. 291; 127 ib. 219; 128 ib. 361. 7 Public Accounts committee, 123 ib. 91; 124 ib. 340, &c. Standing orders committee, 149 ib. 278; 152 ib. 302, &c. For these motions, involving the suspension of a standing order, notice is necessary, see p. 148. 8 28th May, 1852, 107 ib. 254. p. 429. |