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n. 10.

Chapter to print and circulate among the members, before they are
XY.

considered. Resolutions are open to discussion and amend-
ment, subject to the same rules as in a committee of the
whole house. No resolution or amendment may be proposed,
which is not within the order of reference; and the chair-

man will decline to put it from the chair. When a resolu-
questions
not per- tion has been agreed to, the committee are unable to review
missible,
sees ve 20. and amend it. When there are more than one series of

resolutions, it is usual to move that those to be proposed by
Mr. A. (generally the chairman) be now taken into con-
sideration ; which question may be amended by leaving out
"Mr. A.” and inserting “ Sir W. H. ;” and the opinion of
the committee being ascertained, the consideration of the
resolutions preferred by them is proceeded with. A draft
report is read a first time pro formâ, and a second time
paragraph by paragraph, every part being liable to amend-
ment, according to the ordinary rules which govern amend-
ments. A question is also put that each paragraph, or each
paragraph as amended, stand part of the report. In case
there should be two or more draft reports, proposed by
different members, they are severally read a first time, when
a question is proposed that the draft report proposed by
Mr. C. be now read a second time, paragraph by paragraph ;
to which an amendment may be moved to leave out “Mr. C.”
and insert “Lord D. ;” and when the committee have
decided which of the rival reports shall be accepted for
consideration, it is proceeded with, paragraph by paragraph.
New paragraphs may also be inserted throughout the report,
or added by way of amendment. When the whole report
has been agreed to, a question is put that it be the report
of the committee to the house.

Select committees formerly bad no power to report either Power to
their opinion, or the minutes of evidence taken before them,"
without leave given by an order of the house. But by
standing order No. 63, committees empowered to send for 8. O. 63,
persons, papers, and records, can report their opinion and Appeado
observations, together with the minutes of evidence, to the
· Committee on Local Taxation, 1870, resolution of Sir M. Lopes.

report.

from time

house, and also a special report of matters which they Chapter

XV. may think fit to bring to the notice of the house. Special

When it is desired to report any matters to the house, not comprised in the order of reference, or otherwise exceptional,

leave is obtained from the house to make a special report. Power to It is the custom not to report the evidence until the report

time inquiry has been completed, and the report is ready to to time. be presented: but where an intermediate publication of

the evidence, or more than one report, has been thought
desirable, the necessary power has been conferred upon
the committee on its appointment, or the house has
granted leave subsequently, on the application of the chair-
man, for the committee to “report its opinion or observa-
tions, from time to time," or to report minutes of evidence"
only, from time to time. And until the report and evidence
have been laid upon the table, it is irregular to refer to
them in debate, or to put questions in reference to the
proceedings of the committee. If a committee, as the con-
clusion of their inquiry, make a final report to the house,
the sittings of the committee are assumed to have been
closed ; 5 and if further proceedings were desired, it would
be necessary to revive the committee.

When a committee have not completed their inquiries
before the end of the session, they report the fact to the
house together with any evidence which they may have
taken. In their report they usually recommend the

I Select committee on House of committee on another bill was out Commons (Procedure), 161 C. J. 45; of order, as the committee, having cf. also select committee on Navy reported the bill committed to it, Estimates (sess. 1888), 143 C. J. 95. had ceased to exist, 11 Parl. Deb. 4 194 et seq.

s. 1287. : 74 L. J. 80, &c.; 92 C. J. 18. 167; 6 Tyne River, &c., 105 C. J. 201. 112 ib. 282, &c.

? When for any reason the 3 159 H. D. 3 s. 814; 193 ib. 1124. evidence taken before a committee For exception to this rule see select has not been laid before the house, committee on Loans to Foreign the committee reappointed in a States, Parl. Paper, No. 367 (sess. subsequent session cannot report it 1875), p. lv., 130 C. J. 141. 148; and except as a paper in the appendix. Mr. Disraeli's remarks, 223 H, D. 3 To obviate this difficulty, on the 29th s. 1119-20.

April, 1852, the house ordered the * 189 ib. 604.

evidence of the previous session to o See also the Speaker's ruling that be laid before them; and when a motion to commit a bill to a select presented it was referred to the

Chapter re-appointment of the committee in the next session, and
XV.
". this course usually has been followed.

There have been instances in which the chairman of a Publication committee, after the committee had reported, has published r

, of draft

puusued reports, his own draft report, which had not been accepted, accompanied, in some cases, by additional arguments and illustrations; and no objection had been urged against such a publication : but on the 21st July, 1858, it was brought to the notice of the house, that the chairman of a committee had published and circulated, in the form of a parliamentary proceeding, a draft report which he had submitted to the committee, but which had not been entertained by them, accompanied by observations reflecting upon the conduct and motives of members of that committee. No formal vote was sought for on this occasion : but it was generally agreed that the proceeding was irregular, and contrary to the usage of Parliament.

In one case the report of a committee had been made, Reports and ordered to be printed, in the previous session, but was, in fact, prepared by the chairman after the prorogation. A committee was appointed to consider the circumstances under which the document purporting to be the report of the committee had been ordered to be printed; and on their report being received, the house resolved, “ That the document was not a report which had been agreed to by the said committee, and that the said document be cancelled." 3 On the 28th April, 1863, notice being taken that the analysis of evidence appended to the report of the select committee on Sewage of Towns in the last session, comprised observations and opinions not within the scope of such analysis, it was ordered to be cancelled. Notice also has been taken of certain errors in a statement

celled

reappointed committee, with leave to
report it forth with (select committee
on Income and Property Tax, 106
C. J. 447; 107 ib. 177). And in 1903,
under similar circumstances, the
house ordered the evidence taken in
the previous session to be referred
to the reappointed committee and

to be printed (select committee on
House of Commons (Ventilation),
158 C. J. 261).

Agricultural Distress, 1836 ; In.
come Tax, 1861.

? 151 H. D. 3 s. 1867.
3 102 C. J. 254. 682.
+ 118 ib. 189.

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comprised in the appendix to a report, and a corrected Chapter

XV. statement ordered to be laid before the house."

When the evidence has not been reported by a committee, it bas sometimes been ordered to be laid before the house.? It is usual, however, to present the report, evidence, and appendix together, which are ordered to lie upon the table,3 and to be printed. In presenting a report, the chairman appears at the bar, and is directed by the Speaker to bring it up.

In the House of Lords, pursuant to standing order No. 58, any report presented by a select committee, other than a select committee on private bills, is not merely to be laid upon the table of the house, but to be printed and circulated, and notice is to be given on the minutes of the day on which it may be intended to take the report into consideration. If it be expedient, the Commons appoint the consideration of the report of a select committee for a future day, by a motion made on the presentation of the report, 4 or by a subsequent motion for that purpose. The report of a committee presented during a previous session has also been thus taken into consideration. On the consideration of a report, motions have been made expressing the agreement? or the disagreement of the house therewith, or motions are made which are founded upon, or which enforce the resolutions of the committee.

Motions also may be made that the report be recommitted ; 10 or recommitted, with minutes of proceedings, so far as they relate to a certain paragraph ; 11 or recommitted,

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1 103 ib. 621.
: 88 C. J. 671 ; 105 ib. 637, &c.

3 14th Nov. 1882, debate on this motion adjourned, 137 ib. 504.

* 130 ib. 134 ; 131 ib. 405, &c.

3 57 ib. 413, 481; 61 ib. 147. 152; special report, Evesham, 86 ib. 168; Railway Servants, &c., 1892, privi. lege case, 147 ib. 129. 170; see p. 128.

6 86 C. J. 161.
? 15 ib. 597; 34 ib. 740; 89 ib. 471.
8 64 ib. 413.
9 94 ib. 352; 100 ib, 642; 142 ib.

306; 143 ib. 511. See also motion
26th July, 1897, relating to the
report of the select committee on
British South Africa, 152 ib. 388,
In session 1905 the reports of the
Public Accounts committee were
discussed on a motion for their
consideration, 160 ib. 359 ; 150 Parl,
Deb. 4 s. 420.

10 76 C. J. 213; 82 ib. 318; 88 ib. 583 ; 92 ib. 478; Azeem Jah (forgery of signatures to petitions, 1865), 120 ib. 252.

” As the previous question cannot

Chapter and the order of reference amended ; ' or communicated to
XV.

the Lords at a conference. In 1850, the house, instead of
ordering the evidence taken before a committee to be printed,
referred it “to the secretary of state for the colonies, for

the consideration of her Majesty's government.”3 Reflections, An offer to control the decision of the committee on a Offer to

influence a me private bill, for a corrupt consideration, was, in session committee. mittees, see Piave" p. 83. 1879, brought before the house, and dealt with as a breach

of privilege.

There are several early instances of the appointment of Joint comjoint committees of the two houses : 5 but until 1864, no Lords and

such committee had been appointed since 1695.6 A rule, Commons. Confe

similar to that adopted in regard to conferences, that the
rences, P.
437.

number on the part of the Commons should be double that
of the Lords, in the constitution of a joint committee is no
longer in force; and joint committees consist of equal
numbers, representing both houses. This practice began
in 1864, when, at the instance of Mr. Milner Gibson, the

Commons appointed a committee of five members on the
Joint com- railway schemes of that session affecting the metropolis ;
mittees,
pricate and requested the Lords “ to appoint an equal number of

see p. lords to be joined with the members of this house." 752.

The Lords accordingly appointed a committee of five lords to join the committee of the Commons.? Joint committees have since been repeatedly appointed at the instance of one house or the other. The appointment of a joint

bills

be entertained in a Commons' com. mittee (seo p. 284), the paragraph on the minutes of the proceedings of a select committee, which contained an entry of a motion for the previous question, was recommitted to the committee, 137 ib. 509.

1 70 C. J. 430. .91 ib. 9.

3 105 ib. 661 (Ceylon committee).

+ Tower Hill Level Bridge Bill, 1879; cases of Grissell and Ward, 134 C. J. 322, &c.;i see also p. 90.

53 Hatsell, 38 et seq.; trials of the Lords in the Tower, 8th May,

1679, Lord Stafford's impeachment,
27th Nov. 1680.
6 22nd April, 1695, 11 C. J. 314.

173 H. D. 3 s. 291. 311. 493; 119 C. J. 38. 57.

Originated by the Lords: Parliamentary Deposits, 1867, 188 H. D. 3 8. 423; 122 C. J. 311; Despatch of Public Business, 1869, 124 ib. 87; Parliamentary Agents, 1876, 131 ib. 282; Stationery Office, 1881, 136 ib. 281 ; Government of India, 141 ib. 99; Private Bills (Memorandum of Association), 144 ib. 341; Statute Law Revision Bills, 147 ib. 102 ; 148 ib. 92; Statute Law Revision

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