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Instructions involving charges.
of action which they must follow, can be given by the Chapter
An instruction to make provisions in a bill which would
The powers conferred by an instruction moved when a bill is committed for the first time, continue operative, if occasion should arise for the subsequent recommittal of the bill.5
Pursuant to the established practice of the house, a member cannot move more than one instruction to a committee.
Notice is required, not only of an instruction, but of amendments to an instruction, which, if agreed to, would
Notice of instructions,
1 41 Parl. Deb. 4 s. 977; 51 ib. 641; 135 ib. 809.
2 24 ib. 1218; 95 ib. 755.
3 Conventual Establishments, 10th May, 1870, 201 H. D. 3 s. 534; Mr. H. Gardner's Instruction, Local Government Bill, 7th June, 1888, 326 ib. 1440.
* 4th June, 1860, 158 ib. 18511854.
5 National Education (Ireland) Bill, 1892. Instruction and com. mittee, 15th June; recommitted 16th June; instruction read in com. mittee.
6 39 Parl. Deb, 4 s. 1708; 41 ib.
176 H. D. 3 s. 1940: 269 ib. 218; 317 ib. 356; 51 Parl. Deb. 4 s. 642, see also the Speaker's ruling, 16th Feb. 1893, that such notice to be effective must be on the notice paper, 8 ib. 1684. The Speaker has ruled out of order in a notice of an instruction prefatory words in the nature of a preamble, see Mr. Whittaker's notice of an instruction to the committee on the Licensing Bill as handed in at the table and amended by the Speaker's directions. Notices of Motions, sess. 1904, pp. 1621, 1676.
Chapter enlarge the scope of the instruction, or convert the same
into a novel proposition. Nor, even in the case of an in-
Debate on a motion for an instruction must be strictly
and the mover has not the right of reply. Morer to be An instruction to a committee of the whole house can only When in
structions P.380, 2. 1. be moved when the order of the day for the first sitting of can be
the committee has been read (see p. 380). Instructions to "
ings in postpone the title, which is there treated as a part of the committee. bill. The preamble is next postponed in a Lords' com- Postpone
ment of mittee; and on the 29th June, 1869, in committee on the preamble. Irish Church Bill, a long debate was raised upon the post
ponement of the preamble, which was, however, agreed to Amendo without a division ;? whilst in the Commons, by standing 8. 0.35, ment of
Appendix I. title in Commons,
27th Feb. 1891, 350 H, D. 3 s. 5 105 C. J. 635. see pp. 491, 1825.
• Standing order, No. 33, which 497, 502. ? 5th Dec. 1890, 349 ib. 667. empowers the reference of several
3 12th Aug. 1889, 339 ib. 1073; bills to one committee, has become 18 Parl. Deb. 4 s. 1089; 149 ib. unused, owing to the operation of 1095; 157 ib. 963, 983.
standing order No. 51 (see p. 477). * 10th April, 1867, 186 H, D, 3 s. 197 H, D, 3 s. 689.
order No. 35, the preamble stands postponed until after Chapter
· This practice is adopted because the house has already
them. Amend. The chairman proceeds to read the number of each clause, When
notice of be which is thus brought under the consideration of the com- amend-'
mittee; and to call on the members who have given notice receiced,
1 An instruction to a committee that they had power to suspend standing order No. 35 has been ruled to be out of order, 12 Parl. Deb. 4 s. 345.
: Representation of the People, Bill, 18th June, 1866 (chancellor of the exchequer), 184 H. D. 3 s. 536.
3 181 ib. 539; 184 ib. 445.
Chapter upon obtaining the decision of the committee thereon? (see
also p. 290).
When several amendments are offered at the same place in a clause, it is within the chairman's discretion to decide which amendment he will receive. An amendment to leave out words in order to insert other words takes precedence of an amendment merely to leave out the words.3 Amendments may be made in every part of the bill, Amend
ments ad. whether in the preamble, the clauses, or the schedules ; missible. clauses may be omitted, and new clauses and schedules added; though no amendments can be moved to the granting or enacting words of money, and of other bills. Those words are part of the framework of the bill, and are never submitted to the committee. An amendment must be coherent, and consistent with the context of the bill; and Amendwhen a proposed amendment had been so amended as to admissible. form an incoherent question, the chairman stated that if no further amendment were proposed, he should proceed with the question which next arose upon the clause.5 Amendments also cannot be moved which are based on schedules or other provisions, the terms of which have not been placed before the committee. Amendments are out of order that aremirrelevant to the bill;? governed by or dependent upon amendments already negatived ; 8 inconsistent with, or contradictory to, the bill as agreed to by the committee;o offered at a wrong place in the bill 10 or that are tendered to the committee in a spirit of mockery;11 and the chairman would decline to put such questions from
i Labourers' Allotment Bill, 27th Aug. 1887, 320 H. D. 3 s. 200.
? 47 Parl. Deb. 4 s. 716; 60 ib.
3 18 ib. 1162.
+ 332 H. D. 3 s. 1010; 339 ib. 218; 80 Parl. Deb. 4 s. 1364.
5 Prisons Bill, 1877, 132 C. J. 73.
6 Tithe Rent - Charge Recovery Bill, 29th Jan. 1891, private rul. ing; 70 Parl, Deb. 4 s. 449; 112 ib. 204.
? 111 C. J. 213; 179 H. D. 3 s. 522; 258 ib. 1451 ; 14 Parl. Deb. 4 s.
918; 41 ib. 12. 1702. 1704 ; 60 ib. 721 ; 74 ib. 326; 81 ib. 753. 1035 ; 114 ib. 913; 116 ib, 1043.
& 167 H. D. 3 s. 112; 211 ib. 137. 2026 ; 258 ib. 1333; 296 ib. 800 ; 305 ib. 83; 18 Parl. Deb. 4 s. 955; 20 ib. 228; 42 ib. 319; 74 ib. 851; 111 ib. 962-5.
9 258 H. D. 3 s. 1239. 1455; 41 Parl. Deb. 4 s. 360; 113 ib. 493.
10 57 ib. 54; 60 ib. 651; 71 ib. 163.
11 270 H. D. 3 s. 862; 58 Parl. Deb. 4 s. 461,
the chair. Amendments to a bill proposing that the Chapter address or resolution of one House of Parliament should _ effect the repeal of the bill have been ruled out of order as unconstitutional, while an amendment proposing that a bill relating to England alone should not come into force until a similar bill should have been passed for Scotland has been ruled to be irrelevant. The chairman also, regarding an amendment offered to a bill that was limited in scope to the repeal of a clause in a statute, ruled that the amendment was out of order, because its object was the continuance and the extension of the clause to be repealed. The chairman stated that, though the committee had full See also
power of power to amend, even to the extent of nullifying the committees provisions of a bill, they could not insert a clause which 2.491. reversed the principle which the bill, as read a second time, sought to affirm. In the case of a bill to extend a statute to London with certain modifications which were .contained in the schedule to the bill, the chairman ruled that any alterations of the principal Act, that were not extensions or adaptations of it, would be beyond the scope of the bill and therefore out of order. He ruled out of order collectively a number of amendments to the schedule on the ground that, taken together, they would not be modifications of the principal Act specially applicable to London. . In like manner, it is not within the scope of a committee on an expiring laws continuance bill to amend the provisions of the Acts proposed to be continued, or to abridge the duration of such provisions ;? or to make the Acts permanent 8 nor can an amendment be moved whereby
1 The chairman has declined to accept an amendment proposed to be moved to an amendment pro. posed to a proposed amendment to a clause, 127 Parl. Deb. 4 s. 423,
2 41 ib. 361.
* 15th March, 1880, 251 H, D. 3 s. 1134,
5 122 Parl, Deb. 4 s. 1886.
6 122 ib. 1897.
: 30th July, 1874, 221 H. D, 3 s. 1018. It has been ruled also that the continuance of any particular Act must be discussed on the schedule to the bill when the Act is reached there and not on clauses of the bill, 139 Parl, Deb. 4 s. 1697.
8 113 ib. 553.