Reduction of public charges.

XXII.

Part I.

discussed, and, if approved on behalf of the Crown, the neces- Chapter
sary pecuniary provision is subsequently made; otherwise
further progress of the bill is prevented by the refusal of
the royal recommendation. In like manner, motions
advocating public expenditure, or the imposition of a
charge, if the motion be framed in sufficiently abstract
and general terms, can be entertained, and agreed to
by the house. Resolutions of this nature are permis-
sible because, having no operative effect, no grant is
made or burthen imposed by their adoption. And
although, on one occasion, the house declined to receive
a report from a select committee which proposed com-
pensation for losses incurred by certain patentees, because Select com-
it had not been recommended by the Crown,2 the pre-procedure,
cedent has not governed the usage of the house regard-
ing resolutions agreed to by select committees advocating
an outlay of public money.

mittees,

see p. 416.

of dutics,

see p. 565;

see p. 601.

Procedure for the diminution of public charges.-It follows, Reduction as a matter of course, that a motion to alleviate the burthens upon the people is not within the scope of the of charges, standing orders relating to the imposition of charges upon the people. Hence a bill for diminishing or repealing a tax or other public burthen, unless the imposition of a new tax is proposed by way of substitution, needs no royal recommendation or preliminary committee stage, and is brought in upon motion.3 Amendments, also, strictly confined to relief from pecuniary burthens, can be considered

1868; Railways (Ireland) Bill, 5th
March, 1872, 209 H. D. 3 s. 1952.

1 National Monuments, &c., 1844,
99 C. J. 206; Emigration, 1848,
103 ib. 600; River Thames (amend-
ment on going into committee of
supply), 9th July, 1858, 151 H. D.
3 s. 1168; 113 C. J. 294; National
Defences, 1859, 114 ib. 318; Recrea-
tion Grounds, 1860, 115 ib. 246;
Sailors' Homes, 1863, 118 ib. 181;
County Court Judges (salaries), 1869,
124 ib. 289; Harbours of Refuge, 117
ib. 182; 126 ib. 98; 131 ib. 374;
Irish Sea Coast Fisheries, 1874, 129

ib. 120; Volunteer Equipments 145
ib. 187.

292 C. J. 478.

3 Repeal of stamp duty on admission to corporations, and repeal of 4 per cent. duties, 1838; repeal of duty on bricks, 1839; Penny Postage Bill, 1840; Stamp Duty on Policies of Insurance, 2nd July, 1844; Paper Duties Bill, 1860. See also the Speaker's ruling in regard to the remission of land tax under the Agricultural Rates, Congested Districts, &c. (Scotland) Bill, 1896, 42 Parl. Deb. 4 s. 1324.

Chapter both in committee and with the Speaker in the chair (see p. 601).

XXII.

Part II.

Messages

from the

p. 445.

THE

LORDS.

THE RESPONSIBILITY discharged by the Lords in the grant Part II.of supplies for the service of the Crown, and in the imposi- HOUSE tion of taxation, is concurrence, not initiation. Thus whilst OF the demand for supply made in the speech from the throne, on the opening of a session, is directed to the Commons, the speech is addressed to both houses of Parliament; and to the financial legislation which that demand creates, the Lords must be a consenting party. Of their position in this respect the Lords have not been unmindful. When the Commons failed to provide for the appropriation of certain temporary supplies which they voted prior to the dissolution, 1820, caused by the death of George III. (see p. 552), the Lords, by a resolution, took notice that those supplies had not been duly brought before them by an appropriation bill.1

The Lords have taken exception, if a message from the Crown, see Crown for pecuniary aid is sent exclusively to the Commons; and for upwards of a century it has been the custom to present such messages to both houses, if possible upon the same day, addressing the demand for the grant to the Commons, and desiring the concurrence of the Lords by the message presented to their house, a procedure which maintains the constitutional relations of the two houses of Parliament in matters of supply. The reply made by the Lords to the message is an address to the Crown, declaring their willingness to concur in the measures which may be adopted by the other house.1

The Lords also express their opinion upon the public expenditure, the method of taxation, and of financial

1 41 Parl. Deb. 1631-1635.

2 25th June, 1713, and 28th Feb. 1739, 2 Hatsell, 366, n. The message in regard to the provision for her Majesty Queen Adelaide, on the 14th April, 1831, was presented to the Commons alone, 86 C. J. 488.

3 73 L. J. 28; 96 C. J. 29 (Lord Keane); 88 L. J. 129; 111 C. J. 186 (Sir F. Williams); Lord Alcester and Lord Wolseley, 1883, &c. See also Debate, 5th June, 1899, 72 Parl. Deb. 4 s. 319.

63 L. J. 892.

The House of Lords, and charges upon the people.

Bills or amend

XXII.

Part II.

administration, both in debate and by resolution, and they Chapter
investigate those matters by their select committees. Nor
do the Commons, as formerly, attempt to exclude the
Lords from inquiries of this nature by not transmitting
to them reports and papers relating to taxation, or by
declining to permit the attendance of a member to give
evidence on this subject before a select committee of the
Lords.1

Commons

P. 586.

Origin of the Lords' position.-The Commons, having Right of the during nearly three centuries claimed the right to include to originate the members of the House of Lords in the taxation levied grants, see upon the subjects of the Crown, advanced this claim still further by resolving, 1671, "That in all aids given to the king by the Commons, the rate or tax ought not to be altered by the Lords;" and, by a second resolution, 3rd July, 1678, "That all aids and supplies, and aids to his Majesty in Parliament, are the sole gift of the Commons; and all bills for the granting of any such aids and supplies ought to begin with the Commons; and that it is the undoubted and sole right of the Commons to direct, limit, and appoint in such bills the ends, purposes, considerations, conditions, limitations, and qualifications of such grants, which ought not to be changed or altered by the House of Lords." 2

The Commons' privileges and legislation by the Lords.- See bill procedure, By the practice and usage based upon that resolution, the bills which Lords are excluded, not only from the power of initiating or

ments to

infringe

mons'

P. 459.

the Com. amending bills dealing with public expenditure or revenue, privileges. but also from initiating public bills which would create a Poor law charge upon the people by the imposition of local and other Bills laid rates, or which deal with the administration or employment p. 307 of those charges. Bills which thus infringe the privileges

bills.

1 Poor Law (Ireland), 1846, 101 C. J. 238. 335; Parochial Assessment, 1850, 105 ib. 368. The report, 24th May, 1867, on metropolis local taxation, was communicated to the Lords.

9 C. J. 235; ib. 509.

Nullum Tempus (Ireland) Act 1876, Amendment Bill was withdrawn in the Lords, 20th July, 1893, because it affected the public revenues, 14 Parl. Deb. 4 s. 1439, 15 ib. 62.

aside, see

Chapter of the Commons, when received from the Lords, are either laid aside or postponed for six months.1

XXII.

Part II. Relaxation of Commons' privileges, see p. 579.

It follows, accordingly, that the Lords may not amend the provisions in bills which they receive from the Commons dealing with the above-mentioned subjects, so as to alter, whether by increase or reduction, the amount of a rate or charge-its duration, mode of assessment, levy, collection, appropriation or management; 3 or the persons who pay, receive, manage, or control it; or the limits within which it is leviable. Other forms of amendment by the Lords have also been held to infringe on the privileges of the Commons, such as the addition of a clause providing that payments into and out of the Consolidated Fund should be made under the same regulations as were applicable by law to other similar payments; 5 of provisions for the payment of salaries to officers of the Court of Chancery out of the suitors' fund; and alterations in a clause prescribing the order in which charges on the revenues of a colony should be paid."

The privilege claimed by the Commons has also been Local loans legislation. held to include legislation affecting the Local Loans Fund, a fund derived from local taxation, with the guarantee of

I See special entry, 24th July, 1661, on laying aside the Westminster Paving Bill, 8 C. J. 311; 56 ib. 88; 86 ib. 905; 92 ib. 659; Deodands Abolition Bill, 1846, 101 ib. 724; Railway Audit Bill, 1850, 105 ib. 458; Parochial School. masters (Scotland) Bill, 1857, 112 ib. 404; 115 ib. 308. 361; 144 ib. 304. 316; 159 H. D. 3 s. 539. The Commons formerly accepted bills from the Lords, creating charges, not directly imposed by the bill, but defrayable out of moneys to be provided by Parliament. This method of procedure was terminated in deference to a statement made by the Speaker, 23rd Aug. 1860, 115 C. J. 500; 160 H. D. 3 s. 1629. 1734.

2 Forfeited Estates (Ireland) Bill, 1700, 13 ib. 318; 3 Hatsell, App.

Privilege infringed by private

bills.

Amendments indirectly touching privileged

matters.

XXII.

Part II.

the Consolidated Fund (see p. 568), created under the Chapter
National Debt and Local Loans Act, 1887. For instance,
the Land Purchase (Ireland) Bill, 1888, placed a limitation
on the total amount to be advanced out of the Local Loans
Fund to any one purchaser; and when the bill was con-
sidered by the Lords, an amendment was proposed to re-
strict this limitation to "any application made after the
passing of this Act: " but was withdrawn on an expression
of opinion by the lord chancellors of England and of
Ireland, that it was outside the competence of their house.1
On the same principle, two private bills were laid aside,
because the bills sent by the Lords to the Commons con-
tained clauses imposing a stamp duty on memorials;2 and
second bills were brought in, in accordance with the
practice mentioned on p. 729. Another private bill, brought See also
from the Lords, containing privileged clauses, was, however, procedure,
permitted to proceed, on an explanation from the Speaker
that the promoters of the bill were not responsible for the
irregularity, and that the clauses would be withdrawn.3

Acceptance by the Commons of privileged amendments.-If
otherwise unobjectionable, the Commons usually accept
amendments by the Lords, which, though not strictly
regular, do not materially infringe the privileges of the
Commons; and they justify their conduct by an entry in-
serted in the journal, under direction from the Speaker, ex-
plaining the motives of the agreement, stating, for instance,
that the amendments are verbal,-further the intention of
the house,-carry out the intention of the Commons,-make
the provisions of the bill uniform and consistent,—supply an
omission in the bill,-are rendered necessary by several
Acts recently passed, or that the amendment does not

1 331 H. D. 3 s. 1224. 1226. See also the Speaker's ruling that the alteration proposed in a Lords' Amendment, in the appropriation of some of the charges to be levied under the Licensing Bill, was a breach of the Commons' privileges, 104 Parl. Deb. 4 s. 330.

2 The Provident Life Assurance Bill and the Imperial Life Assurance Bill, 1889, 144 C. J. 304. 316; see also Royal Dublin Society Bill, 1877, 132 ib. 299.

1675.

128 ib. 194; 215 H. D. 3 s.

private bill