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XIII.

Chapter of a member who had voted with the noes, because, as director and shareholder in the Caledonian Railway Company, he had a direct pecuniary interest in the rejection of the Glasgow, Dumfries, and Carlisle Railway Bill. Whereupon he stated that the sole direct interest that he had in the Caledonian Railway was as holder of twenty shares, to qualify him to be a director in that undertaking; and that he voted against the Glasgow, &c., Railway, conceiving it to be in direct competition with the Caledonian Railway, as decided by the legislature in the last session. A question for disallowing his vote, on the ground of direct pecuniary interest, was negatived.1 On the 9th March, 1886, objection was taken to the votes of two members given in favour of committing the Manchester Ship Canal Bill to a select committee on the ground that, as directors of the London and North Western Railway Company, the receipts and dividends of which might be affected by the construction of the canal, they were pecuniarily interested in the matter. The motion for disallowing their votes was negatived.2

Motions to

An objection to a vote, on the ground of personal interest, tions cannot be raised or mooted except upon a substantive votes. motion, that the vote given in a division be disallowed, on the principle affirmed upon p. 278, and cannot be brought forward as a point of order. An objection on the same ground against a vote given in committee of the whole house must be determined by the committee upon a motion made therein, that the vote be disallowed, and a motion to report progress, in order to bring such an objection before the house, has not been permitted. The member

101 C. J. 873.

2 141 ib. 83.

3 285 H. D. 3 s. 1222; 4th March, 1892, 2 Parl. Deb. 4 s. 90. A motion for a committee to inquire into the legality of votes given in a division has also been held to be out of order, 92 Parl Deb. 4 s. 419.

17th June, 1890, 345 H. D. 3 s. 1232-1235. Owing to the interruption of business at ten minutes to seven o'clock, a motion that certain

votes be disallowed, given in the
committee of supply, on the 4th
March, 1892, was made in the com-
mittee on the 11th March, 147 C. J.
98. It was ruled by the Speaker
that, on a motion for the reduction
of a salary, for the purpose of con-
sidering the official conduct of the
holder thereof, his vote against the
motion was in order, 25th March,
1889, 334 H. D. 3 s. 732.

In private bill committees.

Member interested may pro

pose motion

or amendment.

XIII.

whose vote is under consideration on the ground of personal Chapter
interest, having been heard in his place, should withdraw
immediately, and before the question founded thereon has
been proposed.1

interest in

in a stand

P. 396.

The principle of the rule which disqualifies an interested Personal member from voting, must always have been intended to a vote given apply as well to committees as to the house itself: but it ing comis undeniable that a contrary practice had very generally mittee, see obtained in committees upon private bills, although it was not brought directly under the notice of the house until the 21st June, 1844, when the Middle Level Drainage Bill committee instructed their chairman to report that a member "had received an intimation that he ought not to vote on questions arising thereon, by reason of his interest in the said bill;" and desired the decision of the house upon the following question: "Whether a member, having property within the limits of an improvement bill, which property may be affected by the passing of the bill, has such an interest as disqualifies him from voting thereon." The reply the house made to the application from the committee was an instruction thereto, "That the rule of this house relating to the vote, upon any question in the house, of a member having an interest in the matter upon which the vote is given, applies likewise to any vote of a member so interested, in a committee." Since that time, com- Reference mittees on opposed private bills are constituted so as to bills to of private exclude members locally or personally interested; and in committees committees on unopposed bills, such members are not en- private bill titled to vote (see p. 747). And a member of a committee see p. 405. on an opposed private bill, or group of bills, will be dis- Chairman charged from further attendance, if it be discovered, after and means his appointment, that he has a direct pecuniary interest in the bills, or one of them (see p. 756).3

2

But though a member interested is disqualified from voting, he is not restrained, by any existing rule of the

191 C. J. 271; 80 ib. 110; 138 ib. 189; 141 ib. 83.

77 H. D. 3 s. 16.

3101 C. J. 904; 104 ib. 357; 115 ib. 218; N. E. Railway (Hull Docks) Bill, 27th June, 1892, 147 ib. 398.

other than

committees,

of ways

(personal interest), see p. 747,

n.

XIII.

Chapter house, from proposing a motion or amendment. On the 26th July, 1859, Mr. Whalley moved an amendment to a clause added by the Lords to a railway bill, in which he admitted that he was personally interested. In the debate, exception was taken to such an amendment having been proposed by a member having a pecuniary interest: but the Speaker ruled that, though it was a well-known rule of the house, that a member under such circumstances could not be permitted to vote, and though the course adopted was certainly most unusual, yet there was no rule by which the right of a member to make a motion was restrained, and he had been given to understand that Mr. Whalley did not intend to vote.1 On the 15th June, 1904, Mr. Kerr formally moved the committal, to a joint committee, of the Leith Corporation Tramways Order Confirmation Bill without objection being taken to his action, although his personal interest in the bill was stated to the house. He did not vote in the subsequent division. Objections that a member alleged to be personally interested could not give a notice of opposition to a bill, and that a member, who moved an instruction to a committee on a private bill, was a member of a corporation which petitioned against the bill, were overruled by the Speaker.

3

The law of Parliament regarding the acceptance of bribes Offer of or pecuniary rewards for parliamentary services, has been money. explained elsewhere (see p. 84).

interest

Disallowance of a vote on the score of personal interest Personal is restricted to cases of pecuniary interest, and has not not pecubeen extended to those occasions when the dictates of self- niary. respect, and of respect due to the house, might demand that a member should refrain from taking part in a division.4

1 155 H. D. 3 s. 459.

2 136 Parl. Deb. 4 s. 212.

3 263 H. D. 3 s. 1477; 287 ib. 875. See statement by the Speaker, 18th March, 1864, 174 H. D. 3 s. 340. For cases of members who voted against the motion for their suspension, see Mr. Bradlaugh's votes, 22nd Feb. 1882, 137 C. J. 61; 11th Feb. 1884, 139 ib. 41. On the first occasion, the Speaker stated that it

was for the house to consider what
should be done with regard to Mr.
Bradlaugh's vote; on the second
occasion, his vote was disallowed,
because he was not a member of the
house. See also division lists, sess.
1887, Nos. 91. 481. 483; sess. 1890,
No. 16. For the rule regarding the
vote of rival candidates for the
Speakership (see p. 155).

Mode of appoint

ment.

S. O. 51, Appendix I.

Chairman of Lords'

CHAPTER XIV.

COMMITTEES OF THE WHOLE HOUSE: AND STANDING

COMMITTEES.

Chapter
XIV.

Table of
Contents,

see Intro-
duction.

on bills, see

p. 477.

A COMMITTEE of the whole house is, in fact, the house itself,
presided over by a chairman instead of by the Speaker. It
is appointed in the Lords by an order, "That the house be
put into a committee," which is followed by an adjournment Committees
of the house during pleasure. In the Commons it is
appointed by a resolution, that the house will immediately
-or on a future day-resolve itself into a committee of the
whole house. Under standing order No. 51, whenever an
order of the day is read for the house to resolve itself into Amend-
committee, not being a committee to consider a message going into
from the Crown (see p. 446), or the committee of supply
(see p. 608), or the committee on the East India Revenue
Accounts (see p. 598), the Speaker leaves the chair with-
out putting any question, unless notice of an instruction to
the committee has been given, when such instruction is Instruc-
first disposed of. The mace is then removed from the p. 478.
table, and placed under it, and the committee commences
its sitting.

The chair is taken, in the Lords, by the chairman of comcommittee. mittees, who is appointed by a resolution of the house.2 Pursuant to standing orders Nos. 41 and 42, he takes the chair in all committees of the whole house, and in all committees upon private bills, unless where it shall have been otherwise directed by the house; and if he, or any lord appointed by the house in his place, shall be absent (unless by leave of the committee), the house is resumed.

If the member who has given notice of an instruction be not present when the order of the day is read, the Speaker leaves the chair forthwith, Elector's Qualification

Bill, 26th May, 1892.

242 L. J. 636. 653; 10th May, 1886, 118 L. J. 180; Lords Minutes, 16th Feb. 1905.

ments on

committee,

see p. 608.

tions, see

Chapter
XIV.

See appointment of chair. man of

ways and

means, p.

603.

Nor can the committee proceed to business unless a chair-
man is appointed by the house. But another chairman is
usually appointed before the house goes into committee, or
for the whole day.1

of com

in the

In the Commons the chair (at the table) is generally Chairman taken by the chairman of the committee of ways and mittees means, or in his absence by the deputy chairman. Dif- Commons. ference in a committee concerning the election of a chairman is determined by the house itself.

chairmen.

In the absence of the chairman of ways and means, and of the deputy chairman, the chair of a committee of the house is usually taken by a member, on the suggestion of a member of the government, or otherwise, without question on the part of the house; though in such a case preference is given to one of those five members whom, in pursuance of the provision contained in standing order Temporary No. 1, the Speaker nominates at the commencement of every session to act as temporary chairman of committees, S. 0. 1. Suspension when requested to do so by the chairman of ways and Appendix I. by tempo- means. During prolonged sittings of a committee it has Occasional also been customary for the chairman to withdraw, and to 341 also be replaced by another member, without any question.3 see p. 350. Closure in committee is enforceable only under the chairman of ways and means, or under the deputy chairman S. 0. 81, Appendix I. when the unavoidable absence of the chairman of ways and means has been announced.

enforceable

rary chair.

men, see p.

8. O. 20,

chairmen.

business.

The proceedings in committee are conducted in the same Conduct of manner as when the house is sitting. In the Lords, a peer addresses himself to their lordships, as at other times; in the Commons, a member addresses the chairman, who

180 L. J. 125. 406; 81 ib. 233; 88 ib. 38; 95 ib. 106; 103 ib. 12. For cases in which peers have been appointed to act as chairman of committees, in the absence of the chairman from illness, see 103 L. J. 15; 106 ib. 77; 120 ib. 180; 136 ib. 33.

This usage began in 1841. Until that time the chair of committees

of the whole house was taken by
a member appointed by the call of
the committee, or, if the call was
disputed, by the vote of the house,
59 H. D. 3 s. 606.

3132 C. J. 395; 137 ib. 322, &c.
Also in cases when the chairman
leaves the chair temporarily, 142
Parl. Deb. 4. s. 262.

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