mons. XII. The Com- his place, is first observed by the Speaker. Formerly, if Chapter the Speaker's call was questioned by the house, a motion was made that one among the members who had risen to speak "be now heard" or "do now speak." 1 When two or more members rise together. On the 20th March, 1782, Lord North and the Earl of Surrey rose together; and on Mr. Fox moving that the latter be now heard, Lord North adroitly spoke to that question, and announced his resignation, which he had been anxious to communicate to the house.2 A similar contest arose between Mr. Pitt and Mr. Fox, on the 20th February, 1784: and more recently between Sir R. Peel and Sir F. Burdett; and between Lord Sandon and Mr. Duncombe. On the 9th July, 1850, Mr. Locke being called upon by Mr. Speaker to proceed with a motion, of which he had given notice, and several members objecting on account of the lateness of the hour, Mr. Forbes Mackenzie rose in his place to speak upon the question that certain petitions do lie upon the table, and objection having been made to his proceeding, a motion was made, "that Mr. Mackenzie do now speak," which was put and negatived; and Mr. Locke proceeded with his motion.5 On the 18th May, 1863, in committee of supply, the solicitor-general and Mr. Nicol both rising, the former was called by the chairman: but several members calling upon the latter, a motion was made that Mr. Solicitor-General do now speak. This motion, however, was withdrawn, and Mr. Nicol proceeded to address the committee. This mode of proceeding is not supported by present usage. It is the Speaker's duty to watch the members as they rise to speak; and the decision should be left with him. In the Commons, not less than twenty members have 1 12th March, 1771, 2 Cavendish Deb. 386. 21 Memorials of Fox, 295. 39 C. J. 943. On the 12th Jan. another dispute had arisen. Mr. Pitt claimed precedence, as having a message from the king: but as Mr. Fox had been in possession of the house before Mr. Pitt rose, and was interrupted by members coming 86 C. J. 517; 95 ib. 557. 5 105 ib. 509; 112 H. D. 3 s. 1190. 6 142 Parl. Deb. 4 s. 204. 433. XII. Chapter often been known to rise at once, and order can only be maintained by acquiescence in the call of the Speaker,1 who, to elicit discussion in the most convenient form, calls, as a rule, upon members on either side of the house alternately, who answer one another.2 members. A new member who has not previously spoken, is generally New called upon, by courtesy, in preference to other members rising at the same time: but this privilege will not be conceded unless claimed within the Parliament to which the member was first returned.3 to member the debate. On resuming an adjourned debate, the member who moved Precedence its adjournment is, by courtesy, entitled to speak first on the who has resumption of the debate: but for that purpose, he must moved the adjournrise in his place in order to avail himself of his privilege, ment of as, unless he rises, it is not the duty of the Speaker to call upon him; 5 though if, having obtained this advantage, he does not avail himself thereof at the resumption of the debate, he is not thereby debarred from subsequently joining therein. A member who moves the adjournment of a debate, with a view to speaking upon the main question on a future day, must, to obtain this privilege, confine himself to that formal motion. When a member has moved or seconded a motion for the adjournment of a debate, and his motion has been negatived, he is not entitled to speak again to the main question; and the member whose subsequent motion for adjournment has been agreed to, is, therefore, entitled to 1 On the 26th Feb. 1872, observations were made concerning a supposed "Speaker's List" by which his choice was governed. Such a list, however, was disclaimed by the Speaker himself, and by Mr. Gladstone on behalf of himself and the secretary to the treasury, 209 H. D. 3 s. 1032. 2 An obsolete rule exists on the journal, 6th June, 1604, that if two stand up to speak to a bill, he against the bill be first heard, 1 C. J. 232. 3 On the 25th March, 1859, it was claimed in vain for Mr. Beaumont, who had sat in the previous Parlia ment. 26th May, 1891, 333 H. D. 3 s. 1132. 1284. "Speaker's ruling, 6th May, 1853, 126 ib. 1243. This rule has since been repeatedly maintained by the Speaker, as in the case of Mr. Warren, 9th Feb. 1858. 26th Aug. 1886, 308 ib. 614. 7 Mr. Beresford Hope and Mr. Cavendish Bentinck, 15th and 16th March, 1869, 194 ib. 1451. 1497; 227 ib. 1098; 232 ib. 1341; 5th Feb. 1880, case of Mr. Shaw, 250 ib. 126. 130. 142; 17th and 18th March, 1892, 2 Parl. Deb. 4 s. 1172. 1201; 16th Feb. 1905, 141 ib. 330. to the question. XII. be called upon, on resuming the debate:1 but if a motion Chapter 6 When a member, who, having received the Speaker's call, is "in possession of the house," unless he chooses to give way, his speech cannot be interrupted by a member who desires to gain priority in moving an amendment (see Must speak p. 294) or to make an explanation (see p. 321). He must direct his speech to the question then under discussion, or to a motion or amendment he intends to move, or to a point of order. The precise relevancy of an argument is not always perceptible; when, however, a member Duke of York, the house loudly called for an adjournment. Perceval stated that he had more to offer in concluding, and would go on or stop as the house pleased. The adjournment of the debate till the next day passed by acclamation. N.B.-The first instance in my time of adjourning in the middle of a speech," 2 Lord Colchester's Diary, 172; 13 H. D. 1 s. 114. 1 Galway Election 8th Aug. 1872 (Sir Colman O'Loghlen), 213 H. D. 3 s. 761. On the 6th July, 1874, Mr. Jenkins having moved the adjournment of the debate upon the second reading of the Church Patronage (Scotland) Bill, which was negatived, and Mr. Anderson having moved the adjournment of the house, which was also negatived, Mr. Cameron moved the adjournment of the debate, which was agreed to; and accordingly, on the resumption of the debate, on the 13th July, the latter rose and was called upon by the Speaker. 29th and 11th Aug. 1892, 7 Parl. Deb. 4 s. 300. 334. 3 An adjournment of the debate has been agreed upon, to enable a member to continue his speech upon another day. 8th March, 1809," Mr. Perceval having spoken for three hours on the charges against the 4 Mr. Hypothec (Scotland) Bill, 21st 559 H. D. 3 s. 507; 112 Parl. Deb. See the celebrated debate, 6th May, 1791, on the Quebec Government Bill, in which Mr. Burke insisted upon the relevancy of Paine's Rights of Man, and the recent events of the French Revolution, Lord J. Russell's Life of Fox, 253. ruption, see p. 214. Chapter XII. Debate on Bill, see p. 629; on going into the committee wanders from the question, the Speaker reminds him that he must speak to the question.1 It follows, therefore, that debate must not stray from the question before the house to an Appropriation matters which have been decided during the current session, Bill, p. 594; on Finance nor anticipate a matter appointed for the consideration of the house. For instance, upon a motion for the appointment of a committee upon the game laws, a member was restrained from criticizing the provisions of certain bills before the house for the amendment of those laws; though when bills, in the charge of the government, dealing with subjects bound together by a common principle, stand in a bill, see p. a series upon the notice paper, debate on the first bill 471; on may include therein a discussion of the bills of a cognate character." of supply, p. 609. Debate on second reading of the Army Annual Bill, see p. 603; on motions, see On the consideration by the house of the names, taken p. 278; on seriatim, of commissioners to be appointed pursuant to the motions for provisions of a bill,5 discussion, sought to be raised upon adjourn ment under 8. 0. 10, each name, of the general policy involved in the appointsee p. 254. ment of the commissioners was not permitted, while on a motion for a select committee to consider an agreement proposed to be made by the post office, the merits of the agreement were not allowed to be debated. On the proposal that a sessional order be made a standing order of the house, the order itself is not open to debate. Nor on a motion prescribing procedure for concluding the consideration of stages of a bill or other business, can the bill or the business itself be discussed.8 A remark which has been ruled to be out of order, cannot be subjected to debate.9 "If any man speak not to the matter in question, the Speaker is to moderate," 18th May, 1604, 1 C. J. 975. 27th March, 1856, 140 H. D. 3 s. 2037; 146 ib. 1702; 153 ib. 333; 157 ib. 116. 1804; 159 ib. 348; 165 ib. 799; 167 ib. 1139; 176 ib. 1797; 185 ib. 886; 187 ib. 775; 189 ib. 91. 96; 210 ib. 1815; 211 ib. 1281; 212 ib. 1430; 219 ib. 1054; 238 ib. 1492; 239 ib. 1249; 241 ib. 807; 242 ib. 1443; 311 ib. 15. 3195 ib. 1718; also 14th Jan. 1881, 257 ib. 812. 12th April, 1888, 324 ib. 1066; 31st May, 1889, 336 ib. 1594. See also debate on Chelsea Water (Transfer) Bill, 24th March, 1896, 39 Parl. Deb. 4 s. 5. * 17th July, 1889, 338 H. D. 3 s. 638. 6146 Parl. Deb. 4 s. 993. 312 H. D. 3 s. 801; 89 Parl. Deb. 4 s. 180; 115 ib. 876. 137 ib. 349, 678; 143 ib. 81. 86. 9 27th Aug. 1886, 308 H. D. 3 s. 738. or repetition. S. O. 19, Appendix I. XII. Irrelevance A member who resorts to persistent irrelevance may, Chapter under standing order No. 19, be directed by the Speaker or the chairman to discontinue his speech, after the attention. of the house has been called to the conduct of the member; 1 and akin to irrelevancy is the frequent repetition of the same arguments, whether of the arguments of the member speaking, or the arguments of other members; an offence which may be met by the power given to the chair under standing order No. 19.2 Debates on motions for ment. journment 281. Considerable laxity formerly arose in debate upon ques- For motions adjourn- tions of adjournment, and though efforts were made to for adenforce a stricter practice, it was not until 27th November, &c., see p. S. O. 22.23, 1882, that standing orders Nos. 22 and 23 were passed, which Appendix I. restrict debate on all dilatory motions, such as motions for the adjournment of a debate, or of the house during any debate, or that the chairman report progress, or leave the chair, to the matter of such motion; and which forbid These members, who move or second any such motion, from moving lapse at the or seconding a similar motion during the same debate. interrupThe standing orders also empower the Speaker, or the ness, see chairman, if he be of opinion that such dilatory motions are an abuse of the rules of the house, to put forthwith the question thereon from the chair, or to decline to propose the question thereupon to the house." Motions The Speaker has directed a member to cease his speech, without previous notice from the chair, 14th Feb. 1887, 142 C. J. 66. For examples, see 240 H. D. 3 s. 1662. A member suspended for persistent repetition or continued irrelevance, 25th Jan. 1881, 257 ib. 1349; 258 ib. 1620-1627; 282 ib. 1081; 152 C. J. 264. For resolutions vesting power in the Speaker to stay impertinent speeches, passed in former times, see 14th and 17th April, 1604; 31st March, 1610, 1 C. J. 172. 423. 948. See H. D. 23rd and 26th June, and 24th and 25th Aug. 1848; see ib. 5th Feb. and 22nd Feb. 1849; 102 H. D. 3 s. 1100; 232 ib. 1733. 31st July, 1888, 329 ib. 1095; 2nd July, 1902, 157 C. J. 326; 27th June, 1905, 160 ib. 269. 8th March, 1887, 311 H. D. 3 s. 1648; 19th July, 1888, 328 ib. 1887; 19th July, 1889, 338 ib. 887; 19th Aug. 1889, 339 ib. 1733; 19th Aug. 1895, 36 Parl. Deb. 4 s. 355; 2nd Aug. 1901, 98 ib. 1213; 25th July, 1905, 150 ib. 199. In the case of a motion that further proceeding on consideration of a bill, as amended, be adjourned, 151 C. J. 316. See also the Speaker's remarks in refusing to put a motion for the adjournment of the debate for the purpose of bringing on a subsequent order of the day, 24 Parl. Deb. 4 s. 1661. motions tion of busi p. 282. |