페이지 이미지
PDF
ePub
[ocr errors]

committee in the house in which it originates is now Chapter usually preceded by a resolution communicated to, and concurred in by, the other house affirming the expediency of such appointment. The house in which the joint committee originates appoints a committee consisting of a certain number of its members, and requests the other house to appoint a committee of a like number to form the joint committee, and sends it a message to that effect. An addition to the number of members of the joint committee is secured by the same method.

The circumstances and manner in which certain bills under the Private Legislation Procedure (Scotland) Act, 1899, are committed to joint committees are described in

Chapter XXXI. Lords It is the custom that the Lords should propose the time always propose time and place of meeting, whether the committee be first and place of meeting. and Consolidation Bills, 149 ib. 33; Anne's Bounty Board, 155 ib. 275;

150 ib. 95; 151 ib. 43 ; 152 ib. 27; 156 ib. 212; Widows and Orphans
153 ib. 81; Electrical Energy of Soldiers and Sailors, 156 ib. 37;
(Generating Stations and Supply), Presence of the Sovereign in Parlia-
153 ib. 80; Houses of Lords and ment, 156 ib. 79; Housing of the
Commons Permanent Staff, 153 ib. Working Classes, 157 ib. 80; London
46; Railways Ireland (Amalgama. Water Bill, 157 ib. 90; Municipal
tion) Bills, 155 ib. 129; London Trading, 158 ib. 102; Port of
Underground Railways, 156 ib. 60; London Bill, 158 ib. 168. In session
Sunday Trading, 161 ib. 59. Origi. 1894 the Commons proposed the
nated by the Commons: Railway committal of the Merchant Ship-
Companies Amalgamation, and ping Bill to a joint committee, and
Tramways (Metropolis), 1872, 127 agreed to the Lords' proposal that
C. J. 61. 83 ; Railways Transfer and it should be committed to the joint
Amalgamation Bills, 1873, 128 ib. committee on Statute Law Revision,
62; Channel Tunnel, 1883, 138 ib. &c., Bills, 149 ib. 66. 77. No action
116; Debates in Parliament, and was taken by the House of Commons
Private bill legislation, 143 ib. 86. upon the proposal of the Lords for
93; Railway Rates and Charges joint committees on Town Improve-
Prov. Order Bills, 1891, 1892, 146 ments (Betterment), 1893-4, and on
ib. 129; 147 ib. 62; Electric and the Declaration against Transub.
Cable Railways (Metropolis), 147 ib. stantiation, 1901, while in two cases,
74; Canals Rates Tolls and Charges Drafting of Bills, 1895, and Housing
Proy. Order Bills, 148 ib. 251; 149 of the Labouring Classes, 1901, joint
ib. 123; 150 ib. 230; 151 ib. 50; committees were appointed by both
Electric Powers (Protective Clauses), houses, but members were not
148 ib. 274; Merchant Shipping nominated to serve thereon.
Bill, 148 ib. 560; Dublin Corpora- 1 147 ib. 165. 175. In the case of
tion and Clontarf Urban District the joint committees on Statute
Council Bills, 155 ib. 104; Muni. Law Revision and Consolidation
cipal Trading, 155 ib. 125; Queen Bills, additional members have been

tions,

Chapter desired by the Lords or by the Commons; and the com-
XV.

mittee of the Commons are directed to meet the Lords'
committee accordingly, and they agree in the appointment
of the chairman of the joint committee without an order
from their house.
The practice of the House of Lords, which empowers the The chair-

man's rote.
chairman of a committee to vote like the other members,
without a casting vote, and establishes that, if the votes
of the committee are equal, the question is decided in the
negative (see p. 411), is followed by a joint committee.1

An instruction to a joint committee is governed by the Instrucrules which regulate instructions to committees of the whole house (see p. 478), and cannot, therefore, be drawn in a mandatory form, or to endow the committee with powers already possessed thereby. A joint committee has the same power of swearing witnesses as committees sitting separately, in the usual manner.2

In former times, committees of both houses have been Select comput in communication with each other. In 1861, also, communipower was given to the select committee on the business of the house to communicate, from time to time, with a select committee of the House of Lords upon the same subject. +

[ocr errors]

added to the committee in respect of individual bills, 151 ib. 167. 197,

&c.

1 Despatch of Public Business, 1869; Railway Companies, 1872; Joint Committee Proceedings, vols. vii. 178, and xiii. 102. See also proceedings and special report of joint committee on London Water

Bill, Parl. Paper, sess. 1902, No. 222, pp. iv., xxii.

2 Railway Amalgamation Bills committee, 1873.

3 In 1794, Corresponding Societies, 49 C. J. 619. 620; in 1801, State of Ireland, 66 ib. 287. 291,

116 ib. 77; 93 L. J. 13.

CHAPTER XVI.

Chapter
XVI.

WITNESSES AND PARLIAMENT.

Table of Contents, ee Introluction,

How sum- WITNESSES summoned to give evidence before the House of
moned by
the Lords. Lords, or any committee of the whole house, are ordered to

attend at the bar on a certain day, to be sworn; and they
are served with the order of the house, signed by the Clerk
of the Parliaments. And if a witness be in the custody of
a keeper of a prison, the keeper is ordered to bring him up
in custody, in the same manner. If the house have reason
to believe that a witness is purposely keeping out of the
way, to avoid being served with the order, it has been
usual to direct that the service of the order at this house
shall be deemed good service. If, after such service of
the order, the witness should not attend, he is ordered to
be taken into custody :3 but the execution of this order is
sometimes stayed for a certain time. If the officers of the
house do not succeed in taking the witness into custody
by virtue of this order, the last step taken is to address
the Crown to issue a proclamation, with a reward for his

apprehension."
Peers, &c., When the evidence of peers, peeresses, or lords of Par-
how sum-

liament has been required, the lord chancellor has been
ordered to write letters to them, desiring their attendance
to be examined as witnesses : 6 but they ordinarily attend

and give evidence without any such form.
Witnesses When the attendance of a witness is desired, to be ex-
by the amined at the bar, by the House of Commons, or by a com-
Commons.

mittee of the whole house, he is simply ordered to attend
at a stated time ;? and the order, signed by the Clerk of
the house, is served upon him personally, if in or near

moned.

summoned

1 68 L. J. 513. 558.
7 66 ib, 295, 358.
3 Ib. 400.
• Ib. 358.

5 Ib. 441. 442.
6 Ib. 144.
7 78 C. J. 240 ; 91 ib. 338.

XVI.

produced documents

Chapter London; and if at a distance, it is forwarded to him by the

V. Serjeant-at-arms, by post, or, in special cases, by a Refusal to messenger. If the order for the attendance of a witness

ents be disobeyed, he may be ordered to be sent for in custody
a breach of of the Serjeant-at-arms, and Mr. Speaker be ordered to
privilege,
see p. 406. issue his warrant accordingly;? or he may be declared

guilty of a breach of privilege, and ordered to be taken
into the custody of the Serjeant.? Any person, also, who
aids or abets a witness in keeping out of the way, is
liable to a similar punishment. When the Serjeant has
succeeded in apprehending such persons, they have gene-
rally been sent to Newgate for their offence.3

If a witness whose attendance is desired by the house or
by a select committee should be in the custody of the keeper
of any prison, or sheriff, 4 the Speaker is ordered to issue his
warrant, which is personally served upon the keeper, or
sheriff, by a messenger of the house, and by which he
is directed to bring the witness in his custody to be

examined. Witnesses If a witness should be in custody, by order of the before

te bill other house, his attendance is secured by a message, decommittees, siring that he may attend in the custody of the Black see p. 825.

Rod or the Serjeant-at-arms, as the case may be, to be
examined.5

The attendance of a witness to be examined before a By select
select committee is ordinarily secured by an order signed mittees.
by the chairman, by direction of the committee: but if
any person should neglect to appear when summoned in
this manner, his conduct is reported to the house, and an
order is made for his attendance at the bar of the house.
If, in the mean time, he should appear before the commit-
tee, it is usual to discharge the order for his attendance : 7

1 95 C. J. 58.

? 106 ib. 48, &c. . 3 90 ib. 330. 343. 344. . * 10 ib. 476; 82 ib. 464 ; 86 ib. 795; 93 ib. 210. 353; 96 ib. 193; 97 ib. 227; 99 ib. 89; 126 ib. 228;. 157 ib. 318.

s 11 ib. 296. 305; 15 ib. 376; 19

ib. 461. 462; 21 ib. 356. 926.

6 A witness who has been reported to the house for his failure to attend a select committee has been ordered by the house to attend the committee, 120 ib. 180.

91 ib. 352.

abscond

of mem

ON

but if he still neglects to appear, he is dealt with as in the Chapter

XVI. other cases already described. Witnesses When witnesses have absconded, and cannot be taken Procedure

thereon, see into custody by the Serjeant-at-arms, addresses have been p. 571. presented to the Crown for the issue of proclamations, with

rewards for their apprehension. Attendance If the evidence of a member be desired by the house, or

a committee of the whole house, he is ordered to attend in required. his place on a certain day.” But when the attendance of a

member as a witness is required before a select committee,
the chairman sends to him a written request for his attend-
ance. And pursuant to the resolution of the 16th March,
1688, "if a member of the house should refuse, upon being
sent to, to come to give evidence or information as a
witness to a committee, the committee ought to acquaint
the house therewith, and not summon such member to
attend the committee.” 3

There has been no instance of a member persisting in a
refusal to give evidence: but members have been ordered
by the house to attend select committees. In 1731, Sir
Archibald Grant, a member, was committed to the custody
of the Serjeant-at-arms, “in order to his forthcoming to
abide the orders of the house," and was afterwards ordered
to be brought before a committee, from time to time, in the
custody of the Serjeant. On the 28th June, 1842, a com-
mittee reported that a member had declined complying
with their request for his attendance. A motion was made
for ordering him to attend the committee, and give
evidence : but the member having at last expressed his

willingness to attend, the motion was withdrawn. Attendance If the attendance of a peer should be desired, to give

the evidence before the house, or any committee of the House

of Commons, the house sends a message " to the Lords, to house.

[ocr errors]

of m
bers of the
other

[ocr errors][merged small]
« 이전계속 »