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Petitions

to the Commons.

XX.

intends to speak upon a petition, usually gives notice of its Chapter
presentation. When the petition has been laid upon the
table, an entry of that fact is placed on the Lords' Minutes
and Journals, with the prayer of the petition: but petitions
are rarely printed at length in the journals, unless they
relate to proceedings of a judicial character.1

tions are

It is to the representatives of the people that petitions are chiefly addressed, and to them they are sent in such numbers, that restrictions, of necessity, are imposed upon the discussion of their merits. Formerly, the practice of presenting petitions had been generally similar to that of the House of Lords: but the number had so much in- When peticreased, and the business of the house was so much inter- received, rupted by the debates which arose on receiving petitions,8 see p. 236. Petitions to that, under standing orders Nos. 76-79, adopted in 1842 and be opened 1853, a member, on the presentation of a petition, may read the prayer and make only a general statement regarding S. 0.76- the source and nature of the petition; and every petition which conforms to the rules or practice of the house, is brought to the table by the direction of the Speaker, who does not allow debate thereon, but the petition may be read read by the by the Clerk, at the table, if required.

by mem

bers.

79, Appen

dix I.

May be

Clerk.

Urgent

cases discussed,

In the case of a petition complaining of a present personal grievance, calling, as an urgent necessity, for an immediate remedy, the matter contained in such petition may be Petitions brought into discussion on the presentation thereof (see p. referred to 533). All other such petitions, when laid on the table, are

committee

on public

1 100 L. J. 138; 14 ib. 22; 74 ib. 236.

In the five years ending 1832, 23,283 public petitions were presented to the House of Commons; in the five years ending 1842, 70,072; in the five years ending 1852, 62,248; in the five years ending 1862, 63,003; in the five years ending 1867, 53,305; in the five years ending 1872, 101,573; in the five years ending 1877, 91,846; in the five years ending 1882, 72,850; in the five years ending 1887, 73,815; in the five years ending 1892, 50,141; in the five years ending

1897, 56,910; in the five years ending
1902, 35,646; and in the three years
ending 1905, 16,826. Since 1833,
921,481 petitions have been pre-
sented. 33,742 petitions were pre-
sented session 1893-4, a number
only exceeded by the 33,898 of ses-
sion 1843.

3 In 1833 and 1834, sittings from
twelve to three were devoted to pe-
titions and private bills.

When a petition has been laid upon the table, it is irregular for any member to remove it, 105 C. J. 99.

XX.

and in cer

ordered to

Chapter referred to the committee on Public Petitions, without any petitions; question being put, though if the petition relates to a subject tain cases Procedure with respect to which the member presenting it has given be printed. notice of a motion, and the petition has not been ordered see p. 534. to be printed by the committee, he may, after notice given, move that the petition be printed and circulated with the notice paper of the house.

of Public

Petitions committee,

When the motion is made, see p. 534.

petitions

Thus while a member may state the purport and material Debate on allegations of a petition, he is not at liberty to read the (personal whole or greater part of the petition itself: but if he desires grievance). that the petition should be read, the proper course is to Appendix I. require it to be formally read by the Clerk, at the table.1

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On the 14th June, 1844, it was ruled, by Mr. Speaker, that a petition of parties complaining of their letters having been detained and opened by the post-office, and praying for inquiry, was not of that urgency that entitled it to immediate discussion, especially as notice of its presentation had been given on the previous day, which proved that the matter was such as admitted of delay: 2 but on the 24th June, 1844, a similar petition, of which no previous notice had been given, was permitted to open a debate. In the latter case, however, the complaint was that "letters are secretly detained and opened; and thus a present personal grievance" was alleged, while in the former case a past grievance only had been complained of.3 On the 5th July, 1855, a petition complaining of the recent misconduct of the police in Hyde Park, and of injuries personally sustained by the petitioners, was held not to justify a debate, as the grievance complained of did not demand an immediate remedy. On the same ground, the Speaker ruled that a petition presented 1st May, 1890, praying for the appointment of a commission to inquire into the municipal contracts of the borough of Salford, did not come within the operation of standing order No. 78.5 Neither, under cover of a motion for the adjournment

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S. O. 78,

Debates

tions.

XX.

of the house, will a member be permitted to bring under Chapter
discussion the contents of a petition which he would be
restrained by the standing order from debating:1 but a
personal explanation has been permitted without any
question being before the house, upon matters affecting a
member, which have been alluded to in a petition.2

It will be observed that, although the standing orders Privilege upon peti restrict debate to urgent cases, that restriction does not tions, see interrupextend to a petition complaining of a matter affecting the P. 270. privileges of the house, such a case being governed by the general rule, that a question of privilege is always entitled to immediate consideration. But if the matter does not demand the immediate interposition of the house, the Petitions from percourse would be to appoint by order that the petition be sons committed by taken into consideration on a future day, and be printed the house, for the information of the house.1

Petitions printed

with the votes.

Committee on Public

8

see p. 93.

the motion

A motion for printing and circulating a petition with the notice paper of the house, pursuant to standing order Notice of No. 79, if unopposed, can be made before the commence- requisite, ment of public business (see p. 255). The proposal is not see p. 246. a matter of right, but is open to debate and objection like any other motion.5

All public petitions, except petitions regarding a personal Petitions. grievance if dealt with under standing order No. 78, or a matter of privilege, are referred to the "committee on Public Petitions," under whose directions they are classified, analyzed, and, when necessary, printed at length. The reports of this committee, printed at intervals during the session, point out, under classified heads, not only the name of each petition, but the number of signatures to

17th July, 1856 (attorney-general and the Bedford Charities).

2 48 H. D. 3 s. 226; 109 ib. 235; and 7th July, 1856.

3 104 C. J. 302; 105 ib. 110; 112 ib. 231; 113 ib. 68; 114 ib. 357; 146 H. D. 3 s. 97; 168 ib. 1855; Royal Atlantic Steam Company 19th July, 1861, 164 ib. 1178; 116 C. J. 377. 381.

86 H. D. 3 s. 328; Lisburn Election, 18th April, 1864, 119 C. J. 173.

5 Southampton writ, 97 ib. 329; 63 H. D. 3 s. 1057; 79 ib. 686. This order has been made regarding petitions presented in a former session, 102 C. J. 22. 203; 112 ib. 155; 113 ib. 331.

* 88 ib. 95.

XX.

of pe

Chapter which addresses are affixed,' the general object of every Addresses petition, and the total number of petitions and the signa- titioners. tures in reference to each subject; and whenever the peculiar arguments and facts, or general importance, of a petition require it, it is printed at full length in an appendix to the notice paper of the house, and is accessible by purchase to the public. In some cases, petitions have been ordered to be printed with the notice paper, with the signatures attached thereto, and in others for the use of members only. A petition has been ordered to be printed for the use of members only, with the names of the persons who had signed it. Sometimes petitions which have been already printed, have been ordered to be reprinted.5

1 Pursuant to Special Report, Public Petitions committee, 11th April, 1878, 183 C. J. 205, and to sessional orders. If the chairman of a public meeting signs a petition on behalf of those assembled, the fact is recorded in the report of the

committee.

2 97 ib. 302; 98 ib. 396. 460. 549; 101 ib. 142.

3 100 ib. 538. 648; 101 ib. 1021; 105 ib. 45; 106 ib. 209; 116 ib. 377. • 97 ib. 57.

598 ib. 216; 103. ib 30.

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order and

address.

Returns by PARLIAMENT is invested with the power of ordering all documents to be laid before it, which are necessary for its information. Each house enjoys this authority separately, but not in all cases independently of the Crown. Accounts Documents laid before and papers relating to trade, finance, and general or local Parliament matters, are ordered directly, and are returned in obedience pursuant to to the order of the house whence it was issued: but returns p. 540. of matters connected with the exercise of royal prerogative, are obtained by means of addresses to the Crown.

statute, see

see p. 406.

The distinction between these two classes of returns Production of papers should be borne in mind; as, on the one hand, it is before select irregular to order directly that which should be sought for committees, by address; and, on the other, it is a compromise of the authority of Parliament to resort to the Crown for information, which it can obtain by its own order. The application of the principle is not always clear: but, as a general rule, it may be stated that all public departments connected with the collection or management of the revenue, or which are under the control of the treasury, or are constituted or regulated by statute, may be reached by a direct order from either house of Parliament: but that public officers and departments, subject to his Majesty's secretaries of state, or the privy council, are to receive their orders from the Crown.

Thus, returns from the Commissioners of Customs and of Inland Revenue, the Post-office, the Board of Trade, and the Treasury, are obtained by order. These include every account that can be rendered of the revenue and expenditure of the country; of commerce and navigation; of salaries and pensions; of general statistics; and of facts connected with the administration of all the revenue departments.

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