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Sittings and pro

XV.

select committees by ballot. There are also sessional Chapter
committees appointed by the Lords at the commencement
of every session, viz. the committee of privileges, the sub-
committee for the journals, the appeal committee, the
standing order committee, and the House of Lords offices
committee.

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
their attendance is requested on a certain day, to be
examined before the committee. Until recently, such wit-
nesses were required, previously to their examination, to be
sworn at the bar of the house; but by the 21 & 22 Vict. c.
78, a committee of the House of Lords may administer an
oath to the witnesses examined before them. Where a
positive order is thought necessary to enforce the attend-
ance of a witness, or the production of documents, it
emanates from the house itself. A select committee upon
a bill cannot examine witnesses, except by order of the
house. It is usual to give a Lords' committee power to
appoint their own chairman: but when no such power is
given, the chairman of committee (though not named as
a member) is the chairman, by virtue of his office.

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'
Reports), 1864, 119 ib. 281; Leeds
bankruptcy court, 1865, 120 ib.
312. See also letter in Mr. Speaker
Denison's Diary, p. 87, on proposal
that the Speaker should nominate a
select committee.

1 Secret committees: 41 L. J. 96.
113 (Bank); 42 ib. 176 (Treasonable
Conspiracy in Ireland); 43 ib. 97
(Suspension of Habeas Corpus); 56
C. J. 259 (State of Ireland); 67 ib.
492 (State of Counties); 74 ib. 64
(Bank); on the state of the country
(Lords), 5th Feb. 1818, 37 H. D.
155; see also 3 Lord Colchester's
Diary, 37.

2 88 C. J. 144. 467, &c.
3 Ib. 160. 475,

4 The select committees on the
Passing Tolls Bill of session 1857
and the Metropolis Local Manage-
ment Bill of session 1860 were
nominated by the committee of
selection, 112 ib. 43; 115 ib. 304.
The select committee on Mail Con-
tracts of session 1869 consisted of
seven members, five of whom were
nominated by the committee of
selection and two by the house, 124
ib. 85. The select committee on the

6

Contagious Diseases Acts of session
1880 consisted of ten members
nominated by the house with five
nominated by the committee of
selection, 135 ib. 47. In session
1883 the nomination of five members
to serve on the joint committee on
the Channel Tunnel was referred by
the house to the committee of selec-
tion, 138 ib. 143; and the committee
on the London Corporation (Charges
of Malversation) of session 1887 con-
sisted of five members nominated by
the committee of selection, 142 ib.
108. The nomination of the ordinary
committees and of specially con-
stituted select committees upon
private bills is described infrá pp.
746, 749.

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.
2 178 H. D. 3 s. 956; 125 C. J. 263.

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
in the Commons the usual number is five when the number
of the committee is fifteen and upwards: 2 but three are
sometimes allowed, and occasionally seven, or nine,5 or any
other number which the house may please to direct. Late
in the session, the original quorum of a committee is some-
times reduced. Where a quorum is prescribed by a stand-
ing order, the order is suspended before the quorum is
reduced."

A committee cannot proceed to business without a
quorum, and, pursuant to standing order No. 62, the clerk
of the committee calls the attention of the chairman to the
absence of a quorum, who thereupon suspends the pro-
ceedings of the committee until a quorum be present, or
adjourns the committee; and a standing committee is
adjourned in like manner.

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.

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