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Amend

ments in

resolutions.

XIX.

amendment to the question, by leaving out the word "now," Chapter
and adding "three months," "six months," or any other
term beyond the probable duration of the session. The
postponement of a bill, in this manner, is regarded as the
most courteous method of dismissing the bill from further
consideration, as the house has already ordered that the
bill shall be read a second time; and the amendment, in-
stead of reversing that order, merely appoints a more distant
day for the second reading. The acceptance by the house
of such an amendment being tantamount to the rejection of
the bill, if the session extends beyond the period of post-
ponement, a bill which has been ordered to be read a second
time upon that day "three months," is not replaced upon
the notice paper of the house. The same form of amend-
ment is adopted when it is desired to postpone the second
reading for any shorter time.

It is also competent to a member who desires to place on the form of record any special reasons for not agreeing to the second reading of a bill, to move, as an amendment to the question, a resolution declaratory of some principle adverse to, or differing from, the principles, policy, or provisions of the bill; 2 or expressing opinions as to any circumstances connected with its introduction, or prosecution; or otherwise opposed to its progress; or seeking further information in

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1 Poor Removal (Ireland), No. 2 and Beer Adulteration Bills, 1882, 137 ib. 206. 354.

2 Corn Importation Bill, 1842, 97 ib. 113; Property Tax Bill, 1842, 97 ib. 321; Factories Bill, 1844, 99 ib. 265; Bank Charter Bill, 1844, ib. 396; Sugar Duties Bill, 1844, ib. 421; Poor Law Amendment Bill, 1844, ib. 468; Lunatics Bill, 1845, 100 ib. 721; Representation of the People Bill, 1859, 114 ib. 125. In this case, the Speaker stated that in the time of his predecessor, between forty and fifty such resolutions had been moved as amendments to stages of bills, 153 H. D. 3 s. 1006; Army Discipline Bill, 1879, 134 C. J. 141; Arrears of Rent (Ireland) Bill, 1882,

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137 ib. 220. 337; 142 ib. 162, &c.

3 Inhabited House Duty Bill, 1851, 106 ib. 321; Conspiracy to Murder Bill, 1858, 113 ib. 65; Paper Duty Repeal Bill, third reading, 8th May, 1860, 115 ib. 229; Intoxicating Liquor, &c. (Ireland) Bill, 145 ib. 214; Newfoundland Fisheries Bill, 28th May, 1891, 146 ib. 313.

4 Australian Colonies Government Bill, 1850, 105 ib. 334; Government of India Bill, 23rd June, 1853, 108 ib. 609; Representation of the People Bill, 1866, 121 ib. 213; Elementary Education Bill, 1876, 131 ib. 262; Valuation of Property Bill, 1877, 132 ib. 86; Customs and Inland Revenue Bill, 1878, 133 ib. 182, &c.

XIX.

4

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Chapter relation to the bill by committees,' commissioners,2 the production of papers or other evidence, or, in the Lords, the opinions of the judges. The principle of relevancy in an amendment (see p. 293) governs every such proposed resolution, which must, therefore, "strictly relate to the bill which the house, by its order, has resolved upon considering," and must not include in its scope other bills then standing for consideration by the house. Nor may such an amendment deal with the provisions of the bill upon which it is moved, nor anticipate amendments thereto which may be moved in committee, nor attach conditions to the second reading of the bill. When such a resolution amounts to no more than a direct negation of the principle of the bill, it is an objectionable form of amendment: but there are special cases for which it may be well adapted. On the 21st February, 1854, an amendment was made to the question for reading the Manchester Education Bill a second time, that "education to be supported by public rates, is a subject which ought not, at the present time, to be dealt with by any private bill," which gave legitimate expression to the opinion of the house.9 Amendments, however, to the question for the second reading of bills, see p. a private bill, which seek to substitute for that question

Second

reading of private

729.

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182 L. J. 284; 83 ib. 201; 85 ib. 279; 88 ib. 337; 95 C. J. 476; 98 ib. 354. 398; 99 ib. 31; 104 ib. 384; 105 ib. 139; 110 ib. 238; 125 ib. 90.

2 95 ib. 469 (Amendment for an address); 100 ib. 719.

388 L. J. 543; 102 C. J. 865; 106 ib. 382; 107 ib. 186; 137 ib. 77.

* Bank Charter Bill, 1833, 65 L. J. 613.

Report on Public and Private Business, 1837 (No. 517), p. 5; 143 H. D. 3 s. 643; 269 ib. 261; 86 Parl. Deb. 4 s. 506. When an amendment to the second reading of a bill has been of a very specific kind, the Speaker has confined the debate to the issue raised by the amendment until the amendment has been disposed of, 40 Parl.

Deb. 4 s. 473; 70 ib. 993.

192 H. D. 3 s. 1571; 145 Parl. Deb. 4 s. 1149. A resolution proposed, 11th June, 1873, upon the second reading of the Roads and Bridges (Scotland) Bill, that the house declines to entertain any legislation involving the compulsory imposition of local burthens, &c., was held to affect other Bills as well as that under consideration, and was therefore restricted to that bill only, 128 C. J. 270.

'Anglo-German Agreement Bill, 24th July, 1890, 347 H. D. 3 s. 743.

8 Jewish Disabilities Bill, 1848, 103 C. J. 414. 9 109 ib. 90.

Effect of

solution.

a resolution declaring the opinion of the house on a matter Chapter of public or general policy, are out of order.1

It must be borne in mind, however, that the resolution, such a re- if agreed to, does not arrest the progress of the bill, the second reading of which may be moved on another occasion. The effect of such an amendment is merely to supersede the question for now reading the bill a second time; and the bill is left in the same position as if the question for now reading the bill a second time had been simply negatived 2 or superseded by the previous question. The house refuses, on that particular day, to read the bill a second time, and gives its reasons for such refusal: but the bill is not otherwise disposed of. Such being the technical effect of a resolution, so carried, it need scarcely be said that its moral and political results vary according to the character and importance of the resolution itself, the support it has received, and the means there may be of meeting it, in the further progress of the bill. Thus the amendment to the second reading of the Conspiracy to Murder Bill, in 1858, being also a vote of censure, was not only fatal to that measure, but caused the immediate fall of Lord Palmerston's ministry. Again, the amendment to the second reading of the Reform Bill of 1859, was decisive as to that measure, and led to a dissolution. So, on the 22nd July, 1872, a resolution being carried, on the Thames Embankment (Land) Bill, that, having regard to the advanced period of the session and the pressure of more important business, it was not expedient to proceed further with the consideration of the bill, the bill was necessarily abandoned.* But where the resolution relates to a matter which is incidental to the legislation intended by the bill, such a resolution does not arrest its progress, provided the principle

1 London and N. W. Railway Bill, 1891, 352 H. D. 3 s. 1-3.

2 244 ib. 1384.

In 1861, the second reading of the Marriage Law Amendment Bill having been superseded by a resolution, the Speaker, on an appeal from its mover, suggested that the best

course would be to withdraw the bill
and introduce another in harmony
with the expressed opinion of the
house, 162 ib. 892.

• See also the case of the resolu-
tion moved on consideration of the
East Indian Railways Bill, 1st July,
1879, 134 C. J. 308.

XIX.

XIX.

twice

Chapter affirmed can be considered at a further stage. Thus, on
the 6th May, 1872, on going into committee upon the
Education (Scotland) Bill, a resolution was carried, affirm-
ing that instruction in the holy scriptures was an essential
part of education, and ought to be provided for in the bill.
Questions To give effect to this resolution, an amendment was moved
in committee: the amendment was negatived; and thus
the resolution of the house was practically reversed,-
a proceeding, however, in strict conformity with parlia-
mentary usage. In the Lords, resolutions relating to a
bill have been moved separately, before the order of the
day, and not by way of amendment,1-a course which
would be incompatible with the rules of the House of
Commons.

offered, see p. 305.

Orders

read, see p. 260.

question.

Sometimes the previous question is moved on the second Previous reading of a bill (see p. 283); though the use of that form is open to the same objection as a simple negative of the second reading, as the bill is not disposed of, but may be appointed to be read on another day.

It may here be stated, that if, when the order of the day Bills is read at the table, no motion be made for the second dropped. reading or other stage of a bill, or for its postponement, Revival of it becomes a dropped order, and does not appear again dropped or superseded upon the notice paper, unless another day be appointed for orders of its consideration. If a bill has been read a second time by the day, see p. 263. mistake or inadvertence, the proceedings have been declared null and void, and another day has been appointed for the second reading.2

A motion that a bill be rejected, formerly not un- Bills common, is not consonant with established practice. In rejected. more ancient times, bills were treated with even greater ignominy. On the 23rd January, in the 5th Elizabeth, a bill was rejected and ordered to be torn; so, also, on the 17th March, 1620, Sir Edward Coke moved "to have the bill torn in the house;" and it is entered that the bill was

'Army Regulation Bill, 1871, 103 L. J. 609; Supreme Court of Judicature Bill (Lord Redesdale), 2nd May, 1873, 215 H. D. 3 s. 1396.

2 Masters and Operatives Bill 1859, 114 C. J. 139; 153 H. D. 3 s. 816; 151 C. J. 134.

337 ib. 444; 80 ib. 425.

Counsel ordered.

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XIX.

accordingly "rejected and torn, without one negative.' Chapter
And even so late as the 3rd June, 1772, the Lords having
amended a money clause in the Corn Bill, Governor
Pownall moved that the bill be rejected, which motion
being seconded, the Speaker said "that he would do his
part of the business, and toss the bill over the table."
The bill was rejected, and the Speaker, according to his
promise, threw it over the table, "several members on
both sides of the question kicking it as they went out.” 2

The second reading is the stage at which counsel have
been heard, when the house has been of opinion that a
public bill was of so peculiar a character as to justify the
hearing of parties whose interests, as distinct from the
general interests of the country, were directly affected by
it. It is a general principle of legislation, that a public
bill, being of national interest, should be debated in Parlia-
ment upon the grounds of public expediency; and that the
arguments on either side should be restricted to members
of the house, while peculiar interests are represented by
the petitions of the parties concerned. Questions of public
policy can only be discussed by members: but where pro-
tection is sought for the rights and interests of public
bodies, or others, it has not been unusual to permit the
parties to represent their claims, either in person or by
counsel. Counsel have also been heard at various other
stages of bills, as well as on the second reading. In the
case of bills of pains and penalties, disabilities, or disfran-
chisement, it has been usual to order a copy of the bill,

1 1 C. J. 63. 252. 262. 311. 560.
217 Parl. Hist. 512-515.

Cotton Factories Bill, 1818, 51
L. J. 662; 88 C. J. 501; 90 ib. 587,
&c.; Municipal Corporations Bill
(Lords), 1833; Warwick Borough
Bill (Lords), 1834; Stafford Dis-
franchisement Bill (Lords), 1836;
Canada Government Bill (Com-
mons), 1838, Mr. Roebuck; Jamaica
Bill (Commons), 22nd and 23rd
April, and 7th June, 1839; and
(Lords), 28th June; Ecclesiastical

Duties and Revenues Bill (Lords),
1840; Sudbury Disfranchisement
Bill (Lords), 1842 and 1844; New-
foundland Fisheries Bill, 1891, 352
H. D. 3 s. 1131; 123 L. J. 158; 146
C. J. 308. 313. For explanations of
the principle upon which Parlia-
ment has permitted counsel to be
heard against public bills and pre-
cedents cited, see Lords' Debate on
Australian Colonies Bill, 10th June,
1850, 111 H. D. 3 s. 943.

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