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VII.

see p. 73.

Chapter two hours, and no report of the debates, during that time, appeared in the newspapers.1 Strangers were readmitted without any order of the Speaker. The revival of this exceptional practice led to the appointment of a committee, which unanimously declared against any alteration of the rules of the house. It was not until the 24th May, 1870, that strangers were again ordered to withdraw, in order to avoid publicity being given to a debate upon the ConReporters, tagious Diseases Acts. This led to further discussion: but the house still adhered to the old rule of exclusion, which was again enforced on subsequent occasions. The inconvenience of the rule prompted the house to agree to a resolution, 31st May, 1875, now standing order No. 91, S. 0. 91, Appendix I. which provided that, if notice was taken that strangers were present, the Speaker, or the chairman, should forthwith put the question that strangers be ordered to withdraw; reserving to the Speaker, or the chairman, the power, whenever he thought fit, to order the withdrawal of strangers from any part of the house.3

An order for the withdrawal of strangers does not extend to the ladies' gallery, which is not supposed to be within the house. Ladies can therefore only be informed of the subject of debate, and left to withdraw or not, at their own discretion. Upon divisions of the house, strangers were Strangers Procedure entirely excluded until 1853, but are now merely desired division. to withdraw from below the bar.

on a

division,

see p. 355.

For further proroga tions by proclamation, see

during a

uniform.

On the 3rd August, 1855, notice was taken that two Soldiers in soldiers in uniform, lately returned from the Crimea, had been refused admission to the strangers' gallery. The Speaker stated that there was no rule for their exclusion; and soldiers in uniform, but unarmed, have since been freely admitted.

5

A description may now be given of the forms observed on the prorogation of Parliament at the close of a session. If his Majesty attends in person to prorogue Parliament Proroga

1105 H. D. 3 s. 662; ib. 1320.

2 Parl. Paper, No. 498 (sess. 1849).

201 H. D. 3 s. 1307. 1640; 203

ib. 651; 217 ib. 207; 223 ib. 1693.
+ 230 H. D. 3 s. 1553-1555.

5 139 ib. 1748.

tion at

close of

session.

66

2

VII.

Assent

given to

510; to

513, 596.

at the end of the session, the same ceremonies are observed Chapter as at the opening of Parliament: the attendance of the Commons in the House of Peers is commanded; and, on their arrival at the bar, the Speaker addresses his Majesty, bills, see p. on presenting the supply bills, and adverts to the most supply important measures that have received the sanction of bills, see pp. Parliament during the session. The royal assent is then given to the bills which are awaiting that sanction, and his Majesty reads his speech to both houses of Parliament himself, or by his chancellor (see p. 172); after which the lord chancellor, having received directions from his Majesty for that purpose, addresses both houses in this manner: My lords and gentlemen, it is his Majesty's royal will and pleasure that this Parliament be prorogued to" a certain day, "to be then here holden; and this Parliament is accordingly prorogued," &c. When his Majesty is not present at the end of the session, Parliament is prorogued by a commission under the great seal, directed to certain peers, who, by virtue of their commission, prorogue the Parliament. The attendance of the Commons is desired in the House of Peers; and, on their coming, with their Speaker, the lord chancellor states to both houses, that his Majesty, not thinking fit to be personally present, has caused a commission to be issued under the great seal, for giving the royal assent to bills. The commission is then read, and the Speaker, without any speech, delivers the money bills to the Clerk of the Parliaments, who comes to the bar to receive them. The royal assent is signified to the bills in the usual manner; after which the lord chancellor, in pursuance of his Majesty's commands, reads the royal speech to both houses.3 The commission for proroguing the Parliament is next read by the Clerk; and the lord chancellor, by virtue of that commission, prorogues the Parliament accordingly.

The last occasion, 12th Aug. 1854, 135 H. D. 3 s. 1549.

2 See debate in 1814, on Mr. Speaker Abbot's speech, referring to a bill which had not received the assent of the house, 69 C. J. 203;

27 H. D. 466; 2 Lord Colchester's
Diary, 453-459. 483-496.

3 For cases of prorogation without
a King's speech, see 37 L. J. 383;
53 ib. 764. 1 Creevy Papers, 341;
2 ib. 5.

Chapter
VIII.

Table of Contents, see Introduction.

CHAPTER VIII.

METHOD AND ORDER IN THE TRANSACTION OF BUSINESS
IN PARLIAMENT.

Meeting on Time of meeting.-The Lords formerly met, for despatch THE

first day of

pp. 149,

171.

HOUSE OF

session, see of legislative business, at five o'clock in the afternoon: but LORDS. on the 24th March, 1882, they resolved to meet at a quarterpast four, and that the public business for the day should commence at half-past four o'clock, in order to extend the time for debate;1 and this arrangement has since been continued.

Motions

mored, see p. 277.

Debate, see p. 311.

The Lords, as a rule, adjourn over Ash Wednesday, and Ascension-day but if the Lords meet on those days, they commence proceedings by attending divine service at Westminster Abbey.2 The Lords also rarely meet, except for formal business, on any Wednesday or Saturday.3

Adjournment.-No hour is appointed for the rising of the house; and the adjournment cannot take place save upon a question proposed by the Speaker, and agreed to by the house under standing order No. 20.

Rules of procedure.-Formerly, the pressure of business in the House of Lords had not been so great as to require strict rules in regard to notices: but by standing order No. 21, the following regulations are established :

"All notices of proceedings on public bills, and of other matters, shall be inserted in the minutes of each day, according to the priority of every such notice, or as the lords giving the same may have agreed, and the house shall always proceed with the same in the order in which they shall so stand, unless the lord who shall have given any such notice shall withdraw the same, or shall, with the leave of the

1 267 H. D. 3 s. 1784.

22nd March, 1881; 27th Feb. 1884.

On Saturday, the 4th April, 1829, the debate in the House of P.

Lords, on the second reading of the
Catholic Relief Bill, was adjourned
from two o'clock in the morning till
two o'clock the same afternoon.

Р

house, consent to its postponement, or shall be absent at the appointed time after the house shall have entered upon the consideration of the said notices, in which latter case it shall be held to be a lapsed order, and not be proceeded with, until after the notice shall have been renewed.

"On all occasions notices to suspend any of the standing orders of the house, and notices relating to private bills, shall be disposed of before the house proceeds to the other notices.

"On Tuesdays and Thursdays the bills which are entered for consideration on the minutes of the day, shall, with the before-mentioned exception, have precedence of all other notices: but petitions relating to any such bill may be presented immediately before the motion is made to proceed with the bill.

"Any business for which notice is not required, and all proceedings relating to private bills, may be entered upon before the notices of the day are called for: but the house will proceed with the notices in preference to other matters at any time after half-past four o'clock, at the request of any lord who may have a notice on the minutes."

Precedence of adjourned business.-By standing order No. 22, if procedure on business then in hand be adjourned, or if, the house being in committee, it is ordered that the house be resumed, it shall be lawful for the house thereupon, without notice given, to make further order that the business in question be taken first, either at some later hour of the evening, or on some future sitting day to be then fixed.

Quorum.-The upper house may proceed with business if only three lords be present, of whom one may be a lord attending to take the oath. If, however, on a division upon any stage of a bill in the house or in committee, it shall appear that thirty lords are not present, then by standing order No. 33, the Speaker, or the chairman, shall declare the question not decided. The debate thereon is accordingly adjourned to the next sitting of the house, or, the house being resumed, the committee is set down for the next sitting of the house.

Questions to ministers and others.- Questions are addressed, before the commencement of public business, to ministers. of the Crown concerning measures pending in Parliament, or public affairs, or matters of administration, and to other lords who have charge of a bill, or who have given notices

Chapter

VIII.

VIII.

refused.

Chapter of motions, or are otherwise concerned in some business before the house. Interference on the part of the house. with these questions is of infrequent occurrence: but on one occasion, 7th June, 1858, when a noble lord proposed Notice to renew a notice of certain questions, the house resolved "that the said questions had been sufficiently answered and ought not to be renewed;" and, accordingly, the proposed notice was not received by the Clerk. And again, 12th March, 1883, notice having been given of certain questions, it was resolved "that such questions be not put."

In the Lords, debate is permitted in asking and answering questions, and in commenting upon them, without any question being proposed.2 In 1867, the Lords' committee on public business, while recognizing and approving this practice, recommended that notice of questions should be given in the minutes, except in cases of urgency. In consequence, it was resolved, by standing order No. 21, that where "it is intended to make a statement, or raise a discussion on asking a question, notice of the question should," in that case, "be given in the orders of the day and notices." And under these conditions important debates are frequently raised.

OF COM

The meeting of the house.-The House of Commons formerly THE met at an early hour in the morning, generally at eight HOUSE o'clock, but often even at six or seven o'clock, and continued MONS. till eleven, the committees being appointed to sit in the Places of afternoon. In the time of Charles II., nine o'clock was the members, see p. 177. usual hour for commencing public business, and four o'clock

for its conclusion. At a later period ten o'clock was the
ordinary time of meeting; and the practice of nominally
adjourning the house until that hour continued until 1806,
though so early a meeting had long been discontinued.4

1 Perhaps the earliest example of a question to ministers is to be found on the 9th Feb. 1721, when Lord Cowper asked a question of the administration, and was answered by the Earl of Sunderland, 7 Parl.

Hist. 709; 192 H. D. 3 s. 717.

2 14th Dec. 1847, 95 H. D. 3 s. 1052.

3 100 L. J. 103.

Vowell's Order and Usage of the
Parliaments in England, 1572, 1

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