ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Chapter
XXII.

Part I.

Financial legislation by the Lords, p. 580; see

not subject

commenda

tion, pp. 598, 600.

Charges to be dealt with in committee,

and there are numerous cases in which amendments of
this character have been proposed, without objection, on
the report.1

Exemptions from the standing orders touching charges on Use of existing the people.-Unless a new and distinct charge be imposed charges. upon the public revenue, the standing orders which regulate financial procedure are not applicable. This principle applies to cases where it is proposed to authorize advances on the security of public works, out of moneys already set also charges apart for such purposes. For the same reason, it was held, to royal re- 30th June, 1857, that a bill which repealed a section of the Superannuation Act that created a superannuation fund by means of annual deductions from official salaries, did not come within the scope of these standing orders, because, although the bill effected a diminution of public income, it see p. 600. did not increase salaries, nor the public charge in respect of salaries. The same exemption also applies to legislation. which varies the appropriation of the proceeds of an existing charge upon public revenue, whereby no new burthen is imposed; such, for instance, as the University Education (Ireland) Bill, 1882, which diverted to the use of the Royal University of Ireland, grants out of the Consolidated Fund which were payable by statute to the Queen's Colleges in Ireland; and this principle was applied to the Local Government Bill of 1888, to the Local Taxation (Customs and Excise) Bill of 1890, the Agricultural Land Rating and the Agricultural Rates, Congested Districts, &c. (Scotland) Bills of 1896, the Tithe Rent-charge (Rates) Bill of 1899, and other bills which diverted from the exchequer to the Local Taxation account for the purposes of the bills a portion of the probate duty, or other specified duties, because, although thereby certain sums would be intercepted, and the public revenue would be so far diminished, no fresh payment arose out of the Consolidated

1 Customs Act Report, 15th, 16th, and 17th March, 1846, 101 C. J. 323. 335. 349.

2 Railways (I.) Bill, 1847 (advance of 16,000,0007.), (Lord G. Bentinck);

Drainage (I.) Act, 5 & 6 Vict. c. 89;
Public Works (Manufacturing Dis-
tricts) Bill, 1863; Drainage (I.) Act,
9 Vict. c. 4, ss. 10. 31. 51; Public
Works (I.) Act, 9 Vict. c. 1.

Moneys in hands of

public

missioners.

XXII.

Part I

Fund, or out of moneys provided by Parliament, nor was Chapter
any additional charge imposed upon the people. A ruling
to this effect was, during the session of 1891, also made from
the chair regarding the Russian Dutch Loan Bill.2 Nor
do standing orders Nos. 66 and 71 apply to bills dealing
with local loans.

Legislation regarding moneys administered by the public
works loan commissioners affords another mode of illus-

works com- trating the foregoing principle. By the National Debt and Local Loans Act, 1887 (50 & 51 Vict. c. 16, s. 6), the national debt commissioners are empowered to issue to the various commissioners mentioned in the Act, the sums required for local loans to an amount not exceeding that authorized by Parliament; consequently, the particular mode of application of those sums does not increase the total amount available for loans. The Act of 1887 created a Local Loans Fund, under the control of the national debt commissioners, which receives the repayments of the principal of local loans, and the income derived from interest thereon. The Act made the Consolidated Fund a security in case of deficiency; and the resolution which sanctioned the liability so imposed upon the Consolidated Fund was, with the recommendation of the Crown, voted in committee. The provisions of the standing orders regarding the imposition of a charge were thus fully complied with by the procedure upon the National Debt Local Loans Bill of 1887; and, as compliance with the standing orders in respect of what may be termed the principal Act is held applicable to all subsequent bills which fulfil its purposes, since the passing of the National Debt and Local Loans Act, 1887, annual Public Works

141 Parl. Deb. 4 s. 1698, 42 ib. 1324. An amendment to the Finance Bill of 1905, whereby the National Debt Charge would have been increased from twenty-eight million pounds to twenty-nine million pounds was allowed to be moved in accordance with the principle de. scribed in the text, because it was

proposed that the additional million
pounds should be paid by the Inland
Revenue Commissioners to the
National Debt Commissioners out
of the proceeds of the estate duty,
160 C. J. 208, 146 Parl. Deb. 4 s.
1273.

2354 H. D. 3 s. 171.
3 142 C. J. 303.

XXII.
Part I.

Chapter Loans Bills are ordered in on motion, without a preliminary recommendation from the Crown. On the same principle, and in like manner, the Land Purchase (Ireland) Bill, 1888, was introduced on motion, because the financial operations of the bill were based on the Local Loans Fund under the Act of 1887.1

3

Other cases of procedure may be mentioned in which Other exthe recommendation of the Crown has not been held emptions. necessary, such as the transfer of certain charges from the Consolidated Fund to the supplies annually voted by Parliament, as no increased charge upon the people was effected; 2 an exemption from penalties due to the Crown created by the Under Secretaries Indemnity Bill of 1864; charges imposed for services rendered; bills relating to savings banks, when solely of a legal and administrative character; and bills applying the land revenues of the Crown to improvements of Crown property, although by statute such land revenues are carried to the Consolidated Fund, or applying to government works the proceeds of the sale of government property.7

5

4

charges

The rule that recommendation from the Crown must be Indirect given to a guarantee based on the public, or Indian revenues created by (see p. 562), is only applicable to a provision which creates guarantees. a direct, though prospective, charge upon the public revenue. The application of this principle has received the following illustrations from transactions with the Government of India.

The Government of India Act, 1858, s. 55, prescribes that Indian the revenues of India shall not be applied to expeditions guarantees.

[blocks in formation]

revenue

Addresses for public money.

XXII.

Part I.

beyond the frontiers, without the consent of both houses Chapter
of Parliament; and if the resolution whereby this con-
sent is given follows the directions of the Act, and is
unaccompanied by a guarantee upon the exchequer, the
resolution is exempt from the operation of the standing
orders, and can be considered by the House of Lords
without a previous communication from the Commons.1
The resolution, however, which, in 1867, was submitted to
Parliament to empower the employment of Indian native
forces in the Abyssinian War, was accompanied by a pro-
vision that the contingent charges, which might arise out
of the expedition, should be defrayed by the exchequer.
The resolution approving that application of the Indian
revenues, as it was accompanied by that proviso, was con-
sequently moved upon recommendation from the Crown,
and was referred to a committee; and as the initiative in
the imposition of charges rests with the Commons, the
resolution was subsequently communicated to the Lords,
and their concurrence obtained.2 The same question arose
during the session 1885, when the consent of Parliament
was sought to the employment of the Indian native forces.
upon an expedition into the Soudan and Nubia: but on
this occasion it was held that the resolution was not
brought by that proviso within the scope of the standing
orders, because it created only an indirect liability, which
could not arise unless the contingency creating such liability
took place, and a grant was voted by Parliament towards
the expenses of the expedition. The resolution was there-
fore considered with the Speaker in the chair, and was sub-
mitted directly to the Lords without previous communi-
cation from the Commons.3

Grants needing no royal recommendation.-A grant of
public money can be obtained, not only without a previous
signification of the royal recommendation, but against the

1 Afghan War, 134 C. J. 23; 111 L. J. 13; Egyptian and Burmese Expeditions, 137 C. J. 416; 141 ib. 57; Tibet Political Mission, 159 ib.

120.

2 123 C. J. 15. 18. 26; 100 L. J. 14.

140 C. J. 89.

XXII.

71, Appen

Chapter wish of the ministers of the Crown, by a motion, made in accordance with the provisions of standing orders Nos. 69 s. o. 69, Part I. and 71, for the appointment of a committee of the whole dix 1. Charges not subject house, upon a future day, to consider a resolution for an to the royal address to the Crown, asking for the issue of a sum of

recom

[ocr errors]

mendation, money for the purposes therein assigned, concluding with
p. 598.
an assurance," that this house will make good the same;
procedure to which resort is made on occasions when a
public monument to a deceased statesman is desired.2 If
a motion for an address for public money is submitted to
the house in any other manner, the Speaker declines to
propose the question to the house,3-a rule which has been
held to apply to an address to the Crown to offer a reward
for the apprehension of a witness who had absconded, and
to an address for the issue of gun-metal to be cast into
a statue of a distinguished soldier.5

See witnesses, p. 426.

To a certain extent, evasions are, by usage, permitted of Methods of the restriction imposed by the standing orders upon pro- public exadvocating posals for the expenditure of public money. Bills devising penditure. a large scheme for public expenditure, accompanied by Bills pro- provisions for the application of the same, have been brought in upon motion, the money clauses being printed in italics. In such cases, the principle of the bill is

cedure, see

p. 458.

183 C. J. 456; 95 ib. 474 (Church Extension); 96 ib. 57; 98 ib. 415 (Danish Claims); 174 H. D. 3. s. 1922; 29th April, 1864 (Mr. Bewicke's case). On 21st May, 1811, the Commons addressed the Prince Regent to pay Mr. Palmer's arrears of percentage, amounting to 54,000l. The Lords took notice of this vote for payment of a debt, which they had denied to be due. The Prince Regent returned an answer declining to issue the money, being the first instance of the kind. A motion by Mr. Whitebread to censure ministers for this answer was negatived, 66 C. J. 357. 383; 20 H. D. 1 s. 343; 2 Lord Colchester's Diary, 152. 332. The address to the Crown praying for some signal mark of royal favour on behalf of a retiring Speaker is

moved in the house in this form
without a preliminary committee,
139 C. J. 72 &c.

2 Sir R. Peel, 1850, 105 ib. 512;
Viscount Palmerston, 1866, 121 ib.
100; Earl of Beaconsfield, 1881, 136
ib. 230; Mr. Gladstone, 1898, 153 ib.
224; Marquis of Salisbury, 159 ib.
198. Addresses for monuments to
Lord Chatham in 1778, and Mr. Pitt
in 1806, were voted without a com-
mittee, being before the date of the
standing order.

398 ib. 321 (Danish Claims), 16th July, 1861, 164 H. D. 3 s. 997.

+ St. Alban's case, 1851, 106 C. J. 189.

5 125 ib. 355, 362.

Lord Geo. Bentinck's Railways (Ireland) Bill, 4th Feb. 1847; Electric Telegraphs Bill, 1st April,

« ÀÌÀü°è¼Ó »