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XV.

Chapter to print and circulate among the members, before they are
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.
tion has been agreed to, the committee are

Previous questions

not per

n. 10.

When a resoluunable to review missible, 420, 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 consideration; 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 amendment, according to the ordinary rules which govern amendments. 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.

report.

Select committees formerly had 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 s. 0.63, persons, papers, and records, can report their opinion and Appendix I. observations, together with the minutes of evidence, to the

1 Committee on Local Taxation, 1870, resolution of Sir M. Lopes.

Special report.

Power to

report

to time.

house, and also a special report of matters which they chapter may think fit to bring to the notice of the house.

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. It is the custom not to report the evidence until the from time inquiry has been completed, and the report is ready to 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,1 or the house has granted leave subsequently, on the application of the chairman, for the committee to "report its opinion or observations, 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 conclusion of their inquiry, make a final report to the house, the sittings of the committee are assumed to have been closed; 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

Select committee on House of Commons (Procedure), 161 C. J. 45; cf. also select committee on Navy Estimates (sess. 1888), 143 C. J. 95. 194 et seq.

274 L. J. 80, &c.; 92 C. J. 18. 167; 112 ib. 282, &c.

3159 H. D. 3 s. 814; 193 ib. 1124. For exception to this rule see select committee on Loans to Foreign States, Parl. Paper, No. 367 (sess. 1875), p. lv., 130 C. J. 141. 148; and Mr. Disraeli's remarks, 223 H. D. 3 s. 1119-20.

• 189 ib. 604.

See also the Speaker's ruling that a motion to commit a bill to a select

committee on another bill was out
of order, as the committee, having
reported the bill committed to it,
had ceased to exist, 11 Parl. Deb. 4
s. 1287.

Tyne River, &c., 105 C. J. 201.
7 When for any reason the
evidence taken before a committee
has not been laid before the house,
the committee reappointed in a
subsequent session cannot report it
except as a paper in the appendix.
To obviate this difficulty, on the 29th
April, 1852, the house ordered the
evidence of the previous session to
be laid before them; and when
presented it was referred to the

XV.

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

XV.

of draft

There have been instances in which the chairman of a Publication committee, after the committee had reported, has published reports. his own draft report, which had not been accepted, accompanied, in some cases, by additional arguments and illustrations;1 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.2

cancelled.

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." 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

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reappointed committee, with leave to
report it forthwith (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).

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

2 151 H. D. 3 s. 1867.
3 102 C. J. 254. 682.
118 ib. 189.

Reports

of committees.

Consideration of reports.

recomo

mittal Reports.

comprised in the appendix to a report, and a corrected Chapter statement ordered to be laid before the house.1

When the evidence has not been reported by a committee, it has sometimes been ordered to be laid before the house.2 It is usual, however, to present the report, evidence, and appendix together, which are ordered to lie upon the table, and to be printed. In presenting a report, the chairman appears at the bar, and is directed by the Speaker to bring

it up.

3

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, or by a subsequent motion for that purpose.5 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."

8

10

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

1 103 ib. 621.

288 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.
557 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.

86 C. J. 161.

715 ib. 597; 34 ib. 740; 89 ib. 471.
8 64 ib. 413.

994 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

XV.

XV.

1

Chapter and the order of reference amended; or communicated to the Lords at a conference.2 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,

&c., on committees, see p. 83.

Confe

ces, P.

437.

An offer to control the decision of the committee on a Offer to influence a private bill, for a corrupt consideration, was, in session committee. 1879, brought before the house, and dealt with as a breach. of privilege.1

mittees of

Commons.

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, similar to that adopted in regard to conferences, that the 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; private and requested the Lords "to appoint an equal number of bills, see p. lords to be joined with the members of this house." 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

mittees,

752.

be entertained in a Commons' com-
mittee (se3 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.

170 C. J. 430.

2 91 ib. 9.

3105 ib. 661 (Ceylon committee). Tower Hill Level Bridge Bill, 1879; cases of Grissell and Ward, 134 C. J. 322, &c.; 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.

622nd 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 s. 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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