Chapter Table of see Intro- Notices of motions in the Lords, p. 209; in the Com mons, P. 238. Motions made with p. 244. CHAPTER IX. MOTIONS AND QUESTIONS. a part of EVERY matter is determined, in both houses, upon questions Questions put by the Speaker, and resolved in the affirmative or every pronegative, as the case may be. ceeding. made. When a member is at liberty to make a motion, he may Motions speak in its favour, before he actually proposes it: but a speech is only allowed upon the understanding, first, that he speaks to the question; and, secondly, that he concludes. by proposing his motion formally. moved and In the upper house, any lord may submit a motion for Questions out notice, the decision of their lordships without a seconder,-the only seconded. motion requiring a seconder, by usage, being that for the address in answer to the King's speech: but in the Commons, after a motion has been made, it must be seconded Motions mide in another member, see p. 253. Amend not behalf of by another member; otherwise it is immediately dropped, and further debate must be discontinued, as no question is before the house. When a motion is not seconded, no entry Motions appears in "The Votes and Proceedings," as the house is not seconded. put in possession of it, and res gestæ only are entered. In the case of a substantive motion, the Speaker satisfies himself that the motion has been formally seconded, before he puts the question: but where an unopposed return is moved, or other formal motion made, the formality of seconding the motion is not generally observed, but is taken, see taken to be tacitly complied with. Orders of the day, and motions in committee, do not require a seconder. ments require a secondler, see p. 299. Order in which motions are p. 263. Irregular notices, see p. 243. The motion should be placed, in print or writing, in the Speaker's hands; as, except in the event of any informality in the form of the motion, which may necessitate the Alterations Speaker's intervention, or may compel him to decline to Matters to put the question from the chair, the Speaker proposes the with by a tion, see p. question in the words of the mover. Certain matters cannot be debated, save upon a substantive motion which tion. in the form of a mo. 242. be dealt substantive mo. Matters pending judicial decision. IX. these sub 332. can be dealt with by amendment, or by the distinct vote Chapter cation of to motions A matter, whilst under adjudication by a court of For appli law, should not be brought before the house by a motion these rules or otherwise. Nor can a motion be brought forward which for the adis the same, in substance, as a question which, during journment the current session, has been decided in the affirmative or house, see p. 252; negative (see p. 300). A motion must not anticipate a and during cided, &c. matter already appointed for consideration by the house.5 debate, see Matters already de 1 (Speaker) 15th July, 1881, 263 H. D. 3 s. 1012; 3rd March, 1885, 294 ib. 1912; 140 C. J. 78; 4th April, 1887, 313 H. D. 3 s. 371; 28th June, 1889, 337 ib. 1020-1023. (Chairman of ways and means) 3rd July, 1882, 271 ib. 1290. (Temporary Chairman), 98 Parl. Deb. 4 s. 245. (Judges) 18th and 21st March, 1887, 312 H. D. 3 s. 736. 1110; 6th April, 1887, 313 ib. 637; 9th June, 1887, 315 ib. 1530; 2nd Sept. 1887, 320 ib. 1024-1025; 7th July, 1893, 14 Parl. Deb. 4 s. 1090; see also 'Questions," p. 250. 66 2 23rd Feb. 1848, 96 H. D. 3 s. 1206. 3 5th April, 1883, 277 ib. 1500. 4 335 H. D. 3 s. 992. 1254. 1267; 27th June, 1889, 337 ib. 899; see also Lord J. Russell and Sir R. Peel (Mr. O'Connell's case), Feb. Mr. Speaker's ruling on Mr. of the p. 315. IX. Principle applied to Chapter A motion is also equally out of order which anticipates a motion for leave to bring in a bill that includes the subject proposed to be dealt with by the motion,1 or a bill appointed for consideration, though the bill may not have been printed. The reference, however, of a matter to a select committee does not prevent the consideration of the same matter by the house. amendments, p. 293; and to instruc tions, p. 482. Motion expunged, see p. 203. 8 able words motion. Formerly it was customary for the Speaker, when he thought fit, to frame a motion out of the debate. This ancient custom, however, was open to abuses and misconception, and has long since been disused. In 1794, Earl ObjectionStanhope had proposed a resolution with a long preamble, omitted which, on putting the question, the lord chancellor omitted. from a On a subsequent day, a complaint and a motion were made regarding this omission. After a debate, from which it appeared that the words omitted had been of an objectionable character, and that the lord chancellor had collected the unanimous opinion of the house for their omission, the motion was superseded by adjournment.7 In the Lords, when a motion has been made, a question Proposed by the is generally proposed "that that motion be agreed to: " but Speaker. on the stages of bills, and on some other occasions, the motion is put directly as a question. In the Commons, on the 4th March, 1903, the Speaker 1 23rd June, 1871, 207 H. D. 3 s. 2 16th July, 1888, 328 ib. 1411; 341 ib. 762; 102 Parl. Deb. 4 s. 379. See also the Speaker's opinion regarding a proposed amendment, mentioned by Mr. Chamberlain in debate, with reference to Mr. Parnell's amendment on the address, 11th Jan. 1881, 136 C. J. 11, after notice had been given of the Protection, &c. (Ireland) Bill, 8 Parl. Deb. 4 s. 294. 3 13th March, 1891, 351 H. D. 3 s. Scobell, 22; 2 Hatsell, 112. s Burnet relates of Mr. Speaker Seymour, that, if the court party was not well gathered together, he kept "the house from doing anything by a wilful mistaking or misstating the question. By that he gave time to those who were appointed for that mercenary work to go about and gather in all their party; and then he would very fairly state the question, when he saw he was sure to carry it."-2 Burnet's Own Time, 72. The last example, 15th Feb. 1770, was by Sir Fletcher Norton, on the Sudbury election petition, 1 Cavendish Deb. 458. 731 Parl. Hist. 149. 197; 6 Campbell's Chancellors, 271. IX. when an when the motion has been seconded, it merges in the Chapter question, which is proposed by the Speaker to the house, and read by him; after which the house are in possession Debate of the question, and must dispose of it in one way or amendment another before they can proceed with any other business. has been At this stage of the proceeding, the debate upon the p. 289. When de- question arises in both houses. The mode in which the determination of the house upon a question is expressed and collected, is explained hereafter (see p. 286). bate arises. leave,with moved, see withdrawn Motions, by The member who has proposed a motion can only drawn. withdraw it by leave of the house, granted without any negative voice. This leave is signified, not upon question, as is sometimes erroneously supposed, but by the Speaker taking the pleasure of the house. He asks, "Is it your Motion pleasure that the motion be withdrawn?" If no one repeated, dissents, he says, "The motion is withdrawn:" but if any dissentient voice be heard, he proceeds to put the question. Occasionally, a motion is, by leave, withdrawn, and another Motions motion substituted, in order to meet the views of the house, out notice, as expressed in debate: but that course can only be taken see p. 244. with the general assent of the house.1 ments. see p. 303. made with drawal of ments, see p. 296. Withdraw- Where an amendment has been proposed to a question, Withing motions and amend the original motion cannot be withdrawn until the amend- amend ment has been first disposed of by being agreed to, withdrawn or negatived; 2 as the question on the amendment stands before the original question. Neither a motion, nor an amendment, can be withdrawn in the absence of the member who proposed it.3 Question superseded. The modes of evading or superseding a question are 1 See discussion on Fiji Islands, 25th June, 1872, 212 H. D. 3 s. 219; Church Patronage, 1877, 132 C. J. 301; 150 ib. 48. 2 86 ib. 913; 227 H. D. 3 s. 787; 230 ib. 1026; 125 C. J. 270; 150 ib. 48. 3 151 H. D. 3 s. 952; 159 ib. 1310; 186 ib. 887; 247 ib. 841. The motion, "That the orders of the day be read," is obsolete as a Chapter subject which is dealt with on p. 284, and also in the following chapter, p. 289. IX. house to a 1. In the midst of the debate upon a question, any member may move, "That this house do now adjourn," not by way of amendment to the original question, but as a distinct question, which interrupts and supersedes that already under consideration. It need scarcely be explained that such a motion cannot be made while a member is speaking, but can only be offered by a member who, on being called by the Speaker in the course of the debate, is in possession of the house. If this second question be resolved in the affirmative, the original question is superseded; the house must immediately adjourn, and all the business for that day is at an end.1 In the Commons, the motion Motions for for adjournment, in order to supersede a question, must be the adjournment of the simply that the house do now adjourn, and cannot be coupled future day, with any prefatory words; 2 nor is it allowable to move see p. 227. that the house do adjourn to any future time specified, nor to move an amendment to that effect to the question of adjournment. But in the Lords, a future day may be specified in the motion for adjournment. A motion for the adjournment of the debate, upon a question for the adjournment of the house, being an obvious solecism, will not be entertained; 5 nor can a motion for the adjournment of the house be made while a question for the adjournment of the debate is under discussion. The house may also be adjourned, except between a quarter-past eight and a quarter-past nine o'clock, while a member is speaking, by notice being taken that forty members are not present (see p. 230). If the original question has not at that moment been proposed to the house by the Speaker, it is not entered in the votes, as the house hast not been put in possession of the question before the adjournment: but if the question has been proposed from the 3 1 Justices of the Peace Qualification Bill, 10th July, 1855, 110 C. J. 367; Volunteers (Ireland) Bill, 17th July, 1860, 115 ib. 393. 2353 H. D. 3 s. 1246. 32 Hatsell, 113-115. Supreme Court of Judicature 144 H. D. 3 s. 1906; 146 Parl. 260 H. D. 3 s. 1617. By adjournment. |