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Part I.

discussed, and, if approved on behalf of the Crown, the neces- Chapter

XXII. 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 permissible 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 compensation for losses incurred by certain patentees, because Select comit had not been recommended by the Crown, the pre- procedure.

mittees, cedent has not governed the usage of the house regard - see p. 416. ing resolutions agreed to by select committees advocating an outlay of public money.

Procedure for the diminution of public charges. It follows, Reduction as a matter of course, that a motion to alleviate the see 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. Amendments, also, strictly confined to relief from pecuniary burthens, can be considered

Reduction of public charges.

as

1868 ; Railways (Ireland) Bill, 5th ib. 120; Volunteer Equipments 145 March, 1872, 209 H, D. 3 s. 1952. ib. 187.

1 National Monuments, &c., 1844, ? 92 C. J. 478. 99 C. J. 206; Emigration, 1848, 3 Repeal of stamp duty on admis103 ib. 600; River Thames (amend. sion to corporations, and repeal of ment on going into committee of 44 per cent. duties, 1838; repeal of supply), 9th July, 1858, 151 H. D. duty on bricks, 1839; Penny Post3 s. 1168; 113 C. J. 294; National age Bill, 1840; Stamp Duty on Defences, 1859, 114 ib. 318; Recrea. Policies of Insurance, 2nd July, 1844; tion Grounds, 1860, 115 ib. 246; Paper Duties Bill, 1860. See also Sailors' Homes, 1863, 118 ib. 181; the Speaker's ruling in regard to the County Court Judges (salaries), 1869, remission of land tax under the 124 ib. 289; Harbours of Refuge, 117 Agricultural Rates, Congested Disib. 182; 126 ib. 98; 131 ib. 374; tricts, &c. (Scotland) Bill, 1896, 42 Irish Sea Coast Fisheries, 1874, 129 Parl. Deb. 4 s. 1324.

Chapter both in committee and with the Speaker in the chair (see
XXII.

– p. 601). Part II.

THE

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 02 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

Messages The Lords have taken exception, if a message from the
from the
Crown, see Crown for pecuniary aid is sent exclusively to the Commons;
P. 445.

and for upwards of a century it has been the custom to pre-
sent such messages to both houses, if possible upon the same
day,” addressing the demand for the grant to the Com-
mons, and desiring the concurrence of the Lords by the
message presented to their house, a procedure which main-
tains the constitutional relations of the two houses of Parlia-
ment 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.*

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 mes. sage 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.

373 L. J. 28; 96 C. J. 29 (Lord Keane); 88 L. J. 129; 111 O. 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.

XXII.

Part II.

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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. The House Origin of the Lords' position. The Commons, having Right of the of Lords,

Commons es during nearly three centuries claimed the right to include to originate

the members of the House of Lords in the taxation levied 9" 1586 people.

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 un-
doubted 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, ments to By the practice and usage based upon that resolution, the p. 459. infringe

Ich Lords are excluded, not only from the power of initiating : or the Com amending bills dealing with public expenditure or revenue, mons' privileges. but also from initiating public bills which would create a

charge upon the people by the imposition of local and other Bills laid rates, or which deal with the administration or employment p. 307

ut aside, see of those charges. Bills which thus infringe the privileges

Bills or amend

bills

bills,

i 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.

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

Part II.

Chapter of the Commons, when received from the Lords, are either
XXII.

W laid aside or postponed for six months.

11. It follows, accordingly, that the Lords may not amend the Relaxation of Com- provisions in bills which they receive from the Commons mons'

ges, dealing with the above-mentioned subjects, so as to alter, see p. 579. whether beina

whether by increase or reduction, the amount of a rate or
charge—its duration, mode of assessment, levy, collection,
appropriation or management ;8 or the persons who pay,
receive, manage, or control it ;4 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; 6 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
held to include legislation affecting the Local Loans Fund, legisi
a fund derived from local taxation, with the guarantee of

I See special entry, 24th July, 1661, on laying aside the West minster 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 termi. nated 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.

No. 12: 105 C. J. 491.

: See Speaker's rulings on Municipal Corporations (Ireland) Bill, 1839, 50 H. D. 3 s. 3; Local Government (England and Wales) Bill, 1893, 21 Parl. Deb. 4 s. 686. See also debate in Lords on an amendment proposed to the Voluntary Schools Bill, 1897, 48 Parl. Deb. 4 s. 360.

Baths, &c., Bill, 1846, 101 C. J. 1234.

Naval Prize Balance Bill, 1850, 105 C. J. 483.

Administration of Justice Bill, 1841; Master in Chancery Bill, 1847,-a clause to this effect was struck out on third reading, in the Lords.

Canada Government Bill, 1840; amendment withdrawn on third reading, in the Lords.

XXII.

Part II.

infringed

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.? Privilege On the same principle, two private bills were laid aside, by private because the bills sent by the Lords to the Commons conbills.

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

private bill from the Lords, containing privileged clauses, was, however, awocedure, permitted to proceed, on an explanation from the Speaker P. that the promoters of the bill were not responsible for the

irregularity, and that the clauses would be withdrawn.3 Amendo , Acceptance by the Commons of privileged amendments. If ments indirectly otherwise unobjectionable, the Commons usually accept

d 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

708.

ton

matters.

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.

: 128 ib. 194; 215 H. D. 3 s. 1675.

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