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Chapter
ΧΙΧ.

with ex

pedition, see p. 516.

of unopposed business. Opposition to the first reading of
a Lords' bill is regulated by standing order No. 31.

It is to be observed that when the question for the first
reading of a bill is negatived, the house merely determines
that the bill shall not now be read; and the question may
therefore be repeated on a future day.1

are read.

It was formerly the practice for the Clerk, on the first How bills reading, to read to the house, first, the title, and then the bill itself; after which the Speaker read the title, and opened to the house the effect and substance of the bill, either from memory or by reading his breviate, which was filed to the bill; 2 and sometimes he even read the bill itself.3 According to present usage, when the Clerk at the table has read the title of a bill placed upon the notice paper of the house among the orders of the day, the order of the house that a bill be read has been complied with; and attempts to obtain that a bill should be read to the house clause by clause, have been overruled by the Speaker.* The practice of affixing a breviate or brief to every bill, prevailed during the greater part of the seventeenth century; and at present a member bringing in a bill may prepare a memorandum explanatory of the contents and objects of the bill, but containing nothing of an argumentative character, which, when revised in the Public Bill Office, will be printed and circulated with the bill."

When the bill has been read a first time, the question Second next put in the Commons is, "That the bill be read a pointed.

Bills passed second time." The second reading, however, is not usually taken at that time, and a future day is named, on which the bill is ordered to be read a second time. The bill is then ordered to be printed, in order that its contents may

1 The County Elections Bill, 1852, was twice negatived, 107 C. J. 174. 201; Notices, 7th May, 1852 (p. 396).

2 1 C. J. 380. 456.

Order and Course of Passing Bills in Parliament, 4to. 1641; 1 ib. 298.

178 H. D. 3 s. 181; 192 ib. 322.

56 C. J. 570.

• Mr. Speaker's instruction to the Public Bill Office, 9th March, 1882, 260 H. D. 3 s. 423; 289 ib. 1513.

An amendment, proposing to add "upon this day six months" to this question, is out of order, 279 ib. 519.

reading ap

Alterations

in a bill.

Bills relating to the same subject.

Procedure

on a hybrid bill.

XIX.

be published and distributed to every member before the Chapter
second reading.1 Unreasonable delay ought not to be
allowed in the printing of a bill after its introduction;
though the fact that the bill remains unprinted does not
justify a motion that the order for the second reading be read
and discharged. If a bill has not been printed when it is
called on for second reading, the postponement of the bill
is the usual course; though, as no rule forbids the second
reading of an unprinted bill, a member is in order in
moving its second reading; and it is for the house to de-
termine whether, under the circumstances, the bill should
be read a second time. In the Lords, the questions for the
printing and second reading of a bill on a future day are
rarely put but are entered in the minutes, upon an
intimation from the peer who has charge of the bill.

on bills

After a bill has been presented, and read a first time, it is not regular to make any other than clerical alterations in it. On the 28th March, 1873, notice being taken that the University Tests (Dublin) Bill had been materially Procedure altered since the first reading, the Speaker ruled that, withdrawn, after the first reading, a bill was no longer the property of see p. 470. the member himself, but passed into the possession of the house. The order for the second reading was accordingly discharged, and the bill withdrawn."

bills re

There is no rule or custom which restrains the intro- Debate on duction of two or more bills relating to the same subject, lating and containing similar provisions.7

the same

subject, see

If it appears, after its introduction, that a public bill p. 471. may affect private rights, notice of this circumstance is S.O.200A. sent from the Public Bill Office to the member in charge (Private of the bill; and the examiners of petitions for private bills

Bills).

1 Copies of indemnity bills, and of Consolidated Fund and Appropriation Bills, are not circulated, but are obtainable by members, 118 ib. 134; resolution 24th March, 1863, 118 C. J. 134; see also p. 594.

2 Speaker's ruling, 22nd May, 1873, 216 H. D. 3 s. 276; 235 ib. 1429; 240 ib. 859.

3 279 ib. 879.

4 239 ib. 609; 256 ib. 776; 277
ib. 510; 289 ib. 1834; 9th March,
1892, 2 Parl. Deb. 4 s. 376. 385.
5 108 H. D. 3 s. 969.
6215 ib. 303. 305.

7 268 ib. 1656; 278 ib. 93.
Borough Franchise (Ireland) Bill,
1883; Criminal Law Bills, 1883, &c.

Chapter are ordered to examine the bill with respect to compliance

XIX.

Select Committee on Standing Orders, see p. 716.

with the standing orders relative to private bills: but the reference to the examiners does not affect the order for the second reading of the bill, which remains upon the notice paper, though the second reading cannot be moved until the examiners have reported on the bill.1

If the examiner reports that none of the standing orders relative to private bills are applicable to it, the bill proceeds on its course as an ordinary public bill.

If, however, the examiners find that standing orders relative to private bills are applicable and have been complied with, or if when not so complied with, the select committee on standing orders report that the standing orders should be dispensed with, the bill is proceeded with as a "hybrid" or "quasi-private" bill. That is to say, that after being read a second time it is committed to a select committee, nominated partly by the house and partly by the committee of selection; 2 and the committee may be empowered to hear suitors, their agents, and counsel, for and against the bill. The bill, when reported from the select committee, is recommitted to a committee of the whole house, and is subsequently treated as a public bill.4

If the examiner of petitions for private bills reports that

1 306 ib. 425.

2 In 1904 the Dean Forest (hy. brid) Bill was committed to a select committee of three members nominated by the committee of selection, 159 C. J. 220. Hybrid bills have also been committed to joint committees, the Commons' members being nominated by the committee of selection, London Water Bill, 157 ib. 127; Port of London Bill, 158 ib. 209. In session 1868 the Metropolis Gas (hybrid) Bill was committed to a committee of the whole house, and on being reported with amendments, was recommitted to a specially constituted select committee on certain private bills, 123 ib. 122. 126. 173. Regarding motions to discharge members

nominated by the committee of selection, see pp. 404, 405.

3 A select committee on a hybrid bill differs from a select committee on a public bill as it has the same power over the bill as committees on private bills have, and decides the question whether the preamble of the bill is proved before proceeding with the clauses.

• Petitions against these bills are presented to the house as public petitions (cf. infra, Chapter XX.), and not deposited in the Private Bill Office as in the case of private bills (cf. infra, p. 757). These "hybrid" bills are subject, as are the peti tioners against them to the payment of fees in respect of a private bill.

Bills withdrawn and

presented.

XIX.

the standing orders applicable to the bill have not been Chapter
complied with, and the select committee on standing
orders report that such non-compliance ought not to be
dispensed with, the order of the day for the second read-
ing of the bill is read and discharged, and the bill is with-
drawn.1

It may become necessary, before the second reading of a other bills bill, to make considerable changes in its provisions, which can only be accomplished, at this stage, by discharging the order for the second reading, and withdrawing the bill. If a change of title be necessary, the practice is to order the bill to be withdrawn, and to move subsequently for leave to bring in another bill: but where the bill is withdrawn, for the purpose of making numerous amendments, without any change of title, a simpler form of proceeding is adopted. Upon the withdrawal of the first bill, a motion is made For debate forthwith that leave be given "to present another bill in- for withstead thereof." A bill has been withdrawn, and another drawal of bill ordered, after reading the resolution upon which the p. 317. first bill was founded.3

Second reading.

Second reading moved.

2

By a standing order of the House of Lords, No. 37, the name of the lord who moves the second reading of any public bill is entered on the journals; and the name of the lord presenting a public bill, and of the lord who gives notice to the clerk assistant that he intends to move the second reading of a public bill brought up from the Commons (see p. 503) are printed in the minutes of proceedings.1

The day having been appointed for the second reading, the bill stands upon the notice paper, amongst the other

'Military Manoeuvres Bill, 155 C.
J. 327; Canals Bill, 160 ib. 216.

2 69 ib. 369; Fisheries (Ireland)
Bill, 1853, 248 H. D. 3 s. 1119; 108
C. J. 612; 143 ib. 94; 144 ib. 407;
Forged Transfers Bill, 146 ib. 266.

3 131 ib. 198. By old parlia-
mentary rule, a bill brought from
the other house should not be with-
drawn. This rule is still observed
in the Lords; not so of late years in

the Commons.

A question arose whether the motion for the second reading of the Medical Relief Disqualification Removal Bill should stand in the name of the Earl of Miltown or of the Earl Granville; and on motion, it was agreed that the Earl of Miltown should have precedence, 27th July, 1885, 300 H. D. 3 s. 27; 117 L. J. 414.

on motion

a bill, see

Orders of the day

read, see

p. 260.

XIX.

Chapter orders of the day, and is called on in its proper turn, when
that day arrives. The second reading is the most important
stage through which the bill is required to pass; for its
whole principle is then at issue, and is affirmed or denied
by a vote of the house;1 though it is not regular on this
occasion to discuss, in detail, its several clauses, and this
principle has been enforced on other stages of a bill. The
No seconder member who has charge of the bill moves, "That the bill
required,
see p. 277. be now read a second time;" and takes this opportunity of

4

enforcing its merits. Debate on the stages of a bill should
be confined thereto, and should not be extended to a criticism
of the provisions of other bills then before the house re-
lating to the same subject: but the Speaker remarked, when
called upon to enforce this rule, that on many such occa-
sions some licence was conceded to honourable members
who addressed the house; and the rule is occasionally re-
laxed (see p. 315). The opponents of the bill may vote
against the question that the bill "be now read a second
time: "5 but this course is rarely adopted, because it still
remains to be decided on what other day it shall be read a
second time, or whether it shall be read at all; and the bill,
therefore, is still before the house, and may afterwards be

Restriction proceeded with." The ordinary practice is to move an Amend

on amendments to

question on 1 Instances of protracted debate
an order of on the second reading of bills: 1851
the day, Ecclesiastical Titles Assumption
see p. 294. Bill, seven sittings; 1881, Land

Law (Ireland) Bill, eight sittings;
1884, Representation of the People
Bill, six sittings; 1886, Government
of Ireland Bill, twelve sittings; 1887,
Criminal Law (Amendment) Ireland
Bill, seven sittings; 1888, Local
Government (England and Wales)
Bill, six sittings; 1890, Purchase
of Land and Congested Districts
(Ireland) Bill, five sittings; 1893,
Government of Ireland Bill, twelve
sittings.

2233 H. D. 3 s. 33; 237 ib. 1593;
see also debate on an Expiring Laws
Continuance Bill, 321 ib. 38; 113
Parl. Deb. 4 s. 427; 150 ib. 1292.

3223 H. D. 3 s. 35; 224 ib. 1297;

ments to question

225 ib. 684. 1683; 232 ib. 1196; 236 for second ib. 396.

19th June, 1861, 163 ib. 1300. 597 C. J. 354; 99 ib. 486; Church Rates Redemption Bill, 6th May, 1863; Judgments Law Amendment Bill, 13th May, 1863; 118 ib. 206. 221. 222. In former times, when the question for now reading a bill a second time has been negatived, it has been followed by an order for reading the bill a second time that day three or six months, 106 ib. 139; 107 ib. 267; 110 ib. 199.

Parliamentary Electors Bill, 102 ib. 822. 837. 872. 901; 322 H. D. 3 s. 1496; Church Rates Commutation Bill, 118 C. J. 206. 222; Dublin, Wicklow, &c., Railway Bill (on consideration), 142 ib. 394. 402.

reading.

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