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Casting voice of chairman.

General

functions of.

of the

whole house.

XIV.

performs in committee all the duties which devolve upon Chapter
the Speaker in the house. He calls upon members as they
rise to speak, puts the questions, maintains order, and gives Order in
the casting vote in case of an equality of voices.

debate in a committee,

see p. 385.

and select

On the 28th June, 1848, in committee on the Roman Catholic Relief Bill, the numbers in a division were equal, and the chairman gave his casting voice. It was stated, in debate, that no such case was recollected, and doubts were expressed as to the regularity of the proceeding: but a similar case had already arisen in committee on the Highways Bill, on the 25th June, 1834; it was clearly consistent Standing with the rules of the house, and has since been followed committees, without question.1 In giving his casting voice, the chairman casting is governed by the same principles as the Speaker (see p. 364). rote, see p. Thus, on the 29th July, 1869, the numbers being equal in committee of supply, upon the reduction of a vote, the chairman declared himself with the noes, as the committee would have an opportunity of voting upon any other reduction of the proposed vote.2

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chairman's

394.

The ordinary function of a committee of the whole house Procedure on charges, committees is deliberation, and not inquiry. All matters concerning the see p. 558. imposition of taxes, or the grant of public money, must be considered in committee, as a preliminary to legislation; and any other questions which, in the opinion of the house, may be more fitly discussed in committee, are dealt with in that manner. The provisions of public bills are usually Reference considered in a committee of the whole house (see p. 477). standing of bills to In former times, important inquiries were entrusted to committees of the whole house; as, for example, in 1744, the cause of the miscarriage of the fleet before Toulon; in 1782, the want of success of the naval forces during the American war; in 1809, the conduct of the Duke of York;

1 89 C. J. 430; 3rd Aug. 1859, 114 ib. 333; 21st May, 1860, 115 ib. 256; 7th Aug. 1876, 131 ib. 398.

2 198 H. D. 3 s. 950; 124 C. J. 371.

3 National Education, motion, 6th March, 1856, 140 H. D. 3 s. 2015; Government of India Bill

deferred, and resolutions referred
to a committee of the whole house,
1858, 149 ib. 2016. See also the
Speaker's ruling, 17th July 1905,
that resolutions dealing with the re-
distribution of seats should be con-
sidered in a committee of the whole
house, 149 Parl. Deb. 4 s. 897.

committees, see p. 393.

XIV.

Witnesses,

1

Chapter in 1810, the failure of the Expedition to the Scheldt; and, in 1808 and 1812, the operation of the orders in council; and witnesses were examined at the bar. Such a tribunal see p. 424. is, however, ill adapted to close and consecutive examinations, while the time occupied by its inquiries is a serious impediment to the general business of the session. In 1790, committees of the whole house on the African slave-trade were assisted in their inquiries by select committees appointed to take the examination of witnesses, and report the minutes of evidence to the house. And of late years no such inquiries have been referred to committees of the whole house, while the investigation of matters of equal importance has been more satisfactorily entrusted to secret and select committees (see p. 400).3

Instructions, see p. 478.

Motions

for instructions to

committed.

A committee can only consider those matters which have Matters been committed to them by the house. If it be desirable that other matters should also be considered, an instruction is given by the house, to empower the committee to enterstanding or tain them. An instruction is moved as a distinct question, mittees, see after the order of the day has been read, and must be considered before the Speaker leaves the chair, under standing S. 0. 51, Appendix I. order No. 51.

select com

P. 483.

Relevancy of debate on going into com

The general principle which governs debate and amendments (see p. 293), applies to all occasions that may arise on the question for the Speaker's leaving the chair for a mittee of supply, see committee of the whole house, when procedure thereon is excepted from the operation of standing order No. 51.

p. 609.

required,

It is not necessary to give notice of the express terms of Notice not resolutions intended to be proposed in committee of the and motion whole house; nor does a motion in committee need a conded in seconder.

5

124 C. J. 773; 38 ib. 644; 64 ib. 15; 65 ib. 14; 63 ib. 199; 67 ib. 333. 245 ib. 11; 46 ib. 149.

3 War in the Carnatic, 1781, 58 ib. 430. 435; Victualling the Navy, 1782, 58 ib. 871; Naval Inquiry, 1805, 60 ib. 214. 413; Army before Sebastopol, 1855, 110 ib. 36; and see debate on its appointment, 136 H. D.

3 s. 979. 1121.

See the Speaker's ruling, 156 ib. 1720 (French Treaty in committee on Customs Act), on the reference of the treaty to the committee.

5 Navigation Laws, 15th May, 1848; Sardinian Loan, 12th June, 1856; Annual Budgets.

not se

committee.

Question of sums and

dates.

Royal message read.

Amendments

XIV.

On the 3rd November, 1675, it was declared to be an Chapter ancient order of the house, " that when there comes a question between the greater and lesser sum, or the longer or shorter time, the least sum and the longest time ought first to be put to the question," 1 in order "that the change may be made as easy upon the people as possible." The application of this rule in ordinary cases is rendered unnecessary by modern usage. Formerly, when resolutions or clauses. of a bill, were tendered to a committee, containing proposals for the laying a charge upon the people, the dates and sums were not stated, but were left in blank. Therefore when the committee considered the matter, if two or more proposals were made suggesting various modes of filling up the blanks, the procedure prescribed by the rule was put in force but as now arranged, dates and sums are placed before the committee printed in italics (see p. 560), which are dealt with by amendments proposed in the ordinary way though the principle enforced by the rule is occasionally followed in the committees of supply, and ways and means (see p. 619), and might, if the need arose, be observed by the house.

A message from the Crown, which has been referred to a committee of the whole house, and resolutions or documents which regulate its proceedings, are read by a clerk at the table, so soon as the committee has been entered upon.

When a resolution is proposed in a committee, every moved in amendment may be moved, which might be moved to such

committee.

8

on amend

committee

of supply, and see p. 616.

a resolution, if proposed in the house itself. Thus, in com- Procedure
mittee on the government of Canada, on the 14th April, 1837, ments in
an amendment was moved to leave out all the words after
"that," in a resolution, in order to add other words;
again, on the 3rd May, 1858, a similar amendment was
moved in committee on the government of India. Such a
proceeding, however, would not be admissible in considering
19 C. J. 367; 3 Grey's Deb. 381- 108 C. J. 198; 109 ib. 254; 113 ib.
388.
148. 159, &c.

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XIV.

Chapter the clause of a bill (see p. 487) or resolutions in the committee of supply (see p. 616) or ways and means (see p. 625) in committee on the East India Revenue Accounts (see p. 598) or in a committee dealing with a grant of public money as a preliminary to legislation (see p. 630). In committee, amendments are proposed to the "proposed resolution," and not to the "question," as in the proceedings of the house.1

Instances of the Speaker speaking and voting

in com

mittees, see p. 368.

quorum,

A motion for the "previous question " is not admitted Members in a committee of the whole house (see p. 294). The main more than may speak difference between the proceedings of a committee and those once. of the house is that in the former a member is entitled to speak more than once, in order that the details of a question or bill may have the most minute examination; or, as it is expressed in the Lords' standing order No. 40, "to have House of more freedom of speech, and that arguments may be used cedure." pro et contra;" though it cannot be denied than an unrestricted right of debate offers special opportunities for delay and obstruction.

Members must speak standing and uncovered, as when the house is sitting; although it appears that, in earlier times, they were permitted to speak either sitting or standing.3

Standing order No. 43 directs that when the house is put into a committee of the whole house, the house shall not be resumed without the unanimous consent of the committee, unless upon a question put by the lord in the chair.

Lords' pro

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of chair

Absence of Order in debate in a committee is enforced by the Authority see p. 231. chairman, who is responsible for the conduct of business man. therein; and from his decision no appeal should be made to the Speaker, nor should an appeal from the decision of

1 This variation of practice appears to have been introduced in 1852, 108 C. J. 187. 188.

2 248 H. D. 3 s. 406.

In a committee on a subsidy, 7th Nov. 1601, Sir Walter Raleigh was interrupted by Sir E. Hobby, who said, "You should speak standing, that so the house might the better hear you." Raleigh replied, "that being a committee, he might either

speak sitting or standing." Mr.
Secretary Cecil rose next, and said,
"Because it is an argument of more
reverence, I chuse to speak stand-
ing." 1 Hans. Parl. Hist. 916.

21st Feb. 1860, 156 H. D. 3 s.
1474; see also 170 ib. 109; 176 ib.
31; 22nd Dec. 1888, 332 ib. 1011;
15th Aug. 1889, 339 ib. 1359; 9 Parl.
Deb. 4 s. 975; 98 ib. 978; 99 ib. 365;
135 ib. 722. During the session of

S. 0.1. 26, Appendix I.

S. O. 19, Appendix I.

XIV.

the deputy chairman1 or a temporary chairman 2 be made Chapter
to the chairman of ways and means on his resuming the
chair. Except when a temporary chairman is in the chair
(see p. 381), the closure powers created by standing
orders Nos. 1 and 26 are as operative in a committee
as in the house itself (see p. 218), and are enforced in the
same manner. The rules observed by the house regarding
order in debate are followed in committee, hence as refer-
ence to debate in committee is not permitted in the house
(see p. 325), reference in committee to the conduct of the
Speaker is not allowed: 3 nor can the enforcement of closure
at a previous sitting of the committee be discussed.4

sonal

a vote in

By standing order No. 19 (see p. 316), the chairman is For perempowered to check irrelevance or tedious repetition in interest in debate. And the rule that a member who has used objec- committee, tionable words must explain or retract the same, or offer see p. 377. an apology (see p. 335), is as operative in committee as in the house. A division which, in the opinion of the chairS. 0.30, man, is frivolously or vexatiously claimed can be dealt with Appendix I. by him in pursuance of standing order No. 30 (see p. 370). Disorder in The chairman possesses the power given to the Speaker Disorder in by standing order No. 20 (see p. 350), of directing a member see also p. Appendix I. whose conduct is grossly disorderly to withdraw imme- 347. diately: 5 but with this exception, the suspension of members on the chairman's report, and the conduct of disorderly Suspension members, are considered with the Speaker in the chair. The of members house is therefore resumed on account of words of heat or disputes between members, or when words have been taken

committee.

S. O. 20,

1836, when the present method of
taking divisions was a novelty, to
take thereon the instruction of the
house, progress was reported by a
committee, 91 C. J. 104; and in
the session of 1855, doubts having
arisen in a committee regarding
the right of certain members to
vote, the chairman, after the house
was resumed, submitted the matter
to the consideration of the Speaker,
139 H. D. 3 s. 486; 110 C. J. 352.
On one occasion only, 6th May,

committee,

see p. 340.

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