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XIV.

bill in an

Chapter The standing committee to whom the Criminal Code Report of a (Indictable Offences Procedure) Bill was referred, made, incomplete 26th June, 1883, a special report, stating that, for the state. reasons therein specified, having reached clause 10, the committee had resolved not to proceed further with the consideration of the bill.1 When a member, however, who was not in charge of the bill attempted to move a similar motion during the consideration by a standing committee of the Clergy Discipline (Immorality) Bill, the chairman held that the motion was out of order.2

Following the principle which governs procedure in committees of the whole house, no appeal can be made to the Speaker regarding the decisions and rulings of a chairman of a standing committee.3

1138 C. J. 301. See also Plumbers Registration Bill, 148 ib. 466, Parl. Paper Sess. 1893-4, No. 347; Aliens Bill, 159 C. J. 297; Labourers (Ireland) Bill, 159 ib. 356. A similar motion made by the member in charge of the Trades Unions and Trade Disputes Bill in the Standing Committee on Law was negatived, 8th May, 1905, Parl. Paper, No. 154, p. 20. In the case of the Meat Marking (Ireland) Bill in session 1902, as the proceedings of the Standing Committee on Trade, to whom the bill was committed, were brought to a close on one occasion by the absence of a quorum, and could not be resumed at the next meeting of the committee for the same reason, a motion was made (with notice) in the house by the member in charge of the bill for discharging the order for referring the bill to the standing committee, and, on this being agreed to, the bill was withdrawn, 157 C. J. 378.

2 23rd May, 1892, see Times, 24th May. During the session of 1890, this matter was considered by the chairmen's panel, at a private meeting, and they arrived at the opinion that, in the case of a bill committed to a standing committee, if, before the committee had proceeded to consider the bill, or until some

reasonable attempt to deal with the
bill had been made, a motion was
made to the effect that the com-
mittee decline to proceed with the
bill, such a motion would be an im-
proper motion, and that the chair-
man should decline to put the
question. This resolution was
formed with reference to the Com-
panies (Winding-up) Bill, it having
been intimated to the chairman
that, at the first meeting of the
committee, а motion might be
made that the committee decline to
proceed with the consideration of
the bill.

3 The Speaker fully upheld this
principle, in a statement made from
the chair, which arose upon a letter
addressed to him by several members
of a standing committee, alleging
that the chairman had ruled that
certain amendments to a bill under
their consideration were out of
order, because the amendments
were hostile to the bill. The Speaker
said that he would not allow an
appeal to be made to him on a point
of order arising in a standing com-
mittee; yet he added that he could
not, as a general rule, assert that
amendments hostile to a bill may
not be admitted, 14th Aug. 1889,
339 H. D. 3 s. 1223.

Report of bills.

XIV.

Under standing order No. 50, a bill reported from a Chapter standing committee is proceeded with as if it had been S. O. 50, reported from a committee of the whole house, and need Appendix I. not, therefore, be recommitted, but all bills reported from a standing committee, whether amended or not, must be considered on report by the house. When the order of Consideration of a the day for the consideration of such a bill is read, no bill, see p. question is put, and the house proceeds at once with its consideration, unless the member in charge desires to postpone its consideration, or a motion is made to recommit the bill.

Standing

committees. House of Lords.

Procedure.

Nomina

tion.

Chairmen's

panel.

The House of Lords, during the sessions of 1889, 1890, and 1891, by standing orders Nos. 45-53, provided for the sessional appointment of one or more standing committees to whom every bill shall be recommitted, after passing through a committee of the whole house, unless, on motion made when the bill is reported by the chairman of committees, the house shall otherwise order; and bills reported. from a standing committee are considered in the house on such report, when they have been amended either in committee of the whole house or by the standing committee.

The procedure of standing committees is the same as in a select committee, though they cannot sit without special leave during a sitting of the house; and the quorum of a standing committee is seven. Standing committees also are empowered to appoint a sub-committee for the fuller consideration of any bill committed to them.

The nomination of the standing committee is entrusted to a committee of selection appointed at the commencement of each session, consisting of the chairman of committees and eight other lords to be named by the house; and the names of the lords so nominated are reported to the house. The lord in charge of a bill committed to a standing committee is a member thereof, during the consideration of the bill.

The committee of selection also nominates a chairmen's panel of not more than twelve nor less than eight lords, who appoint from among themselves the chairman of

494.

XIV.

Vote of chairman,

see p. 411.

Chapter each standing committee, and may change the chairman appointed from time to time. In the absence of the chairman so appointed, the standing committee may appoint another chairman for that meeting, preference being given to a lord (if present) who shall have been appointed to serve as a chairman by the committee of selection. The chairmen's panel also determines to which of the standing committees a bill may be recommitted.

Bills passed

with un

dition, see

p. 516.

Pursuant to standing order No. 39, no report shall be Report stage. usual expe- received from any standing committee with regard to any bill the same day on which such bill is reported from such committee, when any amendments have been made to such bill, either in committee of the whole house or by the standing committee, and no bill shall be read the third time the same day that the bill is reported from the committee.

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General A SELECT Committee is one appointed by the house to con- Select com

province of

committee.

a select sider any matters upon which the house may desire in- mittees on bills, see p. formation and assistance, or any bill which may be com- 499. mitted to them by the house (see p. 499). In the former case the matters which the committee are to consider, and upon which they are to report to the house, are defined in the order of reference appointing the committee. In the case of a select committee upon a bill, the bill committed to it is itself the order of reference to the committee, who must report it with or without amendment to the house. In both cases in the Commons power is usually given to the comInstruc- mittee to take evidence (see p. 406). The proceedings of Instruc every select committee are restricted to their own order of tions, see p. reference, that is to say, they are confined to the consideration of the matter referred, or of the bill committed,1 to the committee; but when it has been thought desirable to do so, the house has enlarged the order of reference. This has been done in the case of a select committee upon a public matter by means of an instruction,2 or even in some cases by also committing a bill to it for consideration, whilst in Counsel the case of a select committee upon a bill the reference has ordered, see

tions.

1 190 H. D. 3 s. 1869.

2 Committee of Secrecy, 1817, 72 C. J. 318; Taxation of Ireland, 2nd March, 1865, 120 ib. 107; East India Communications, 23rd April, 1866, 121 ib. 243; Trade in Animals, 16th April and 30th July, 1866, ib. 222, 268; House of Commons (Arrangements), 8th July, 1867, 122 ib. 351; 137 ib. 132, &c.

3 Witnesses (House of Commons) Bill committed to Select Com

3

mittee on Witnesses (House of
Commons), 124 C. J. 270; Municipal
Elections Bill to Select Committee on
Boroughs (Auditors and Assessors),
129 ib. 212; Foreign Loans (Regis-
tration) Bill to Select Committee on
Loans to Foreign States, 130 ib. 84;
Public Houses (Ireland) (Saturday
Closing) Bill to Select Committee on
the Sunday Closing Acts (Ireland),
143 ib. 211. Cf. also, 103 ib. 929;
111 ib. 59; 114 ib. 67; 115 ib. 87.

478.

p. 414.

XV.

8

Chapter been enlarged by the committal to it of another bill (see p. 499), or by an instruction directing it to inquire also into a public matter.1 On the other hand, mandatory 2 instructions have been given to select committees restricting the limits of their powers or prescribing the course of their proceedings, or directing the committee to make a special report upon certain matters.5 Notice of an instruction can be placed upon the notice paper, to be moved after the appointment of a select committee, or after the nomination of members thereof, or as an independent motion.

See Motions without

245.

4

and papers

The reports of previous committees, or other printed Reports notice, p. reports and papers, and other documents, may be referred referred. to select committees. And to enable a committee to cite in their report a document which has been laid upon the table, it is usual to move that it be referred to them. Petitions relating to the subject of inquiry may also be referred, which are laid before the committee by the clerk, from time to time.7

ment of

In the House of Lords, by standing order No. 57, notice Appointof the names of lords to be nominated for service on select select comcommittees, other than those on private bills, must be mittees in entered among the printed notices for the day.

The house resolves that a select committee be appointed, after which it is ordered that certain lords then nominated shall be appointed a committee to inquire into the matters referred, and to report to the house. Lords are nominated in the order of their precedence. Their lordships, or any three of them (or a greater number, if necessary), meet in one of the rooms adjoining to the upper house, and adjourn as they please. In special cases the Lords have appointed

1 129 C. J. 207; 146 ib. 113; 159 ib. 147.

2 15th April, 1872, 210 H. D. 3 s. 1262; 29th April, 1884, 287 ib. 875. 375 C. J. 259; 90 ib. 522; 119 ib. 147.

99 C. J. 284; 102 ib. 24; 137 ib. 37. 65; to take evidence on oath 142 ib. 97; to omit clauses from a bill, 18th March, 1890, 145 ib. 194;

to hear counsel, 123 ib. 263.
5 137 ib. 98.

For the reference of bills as
documents to select committees,
see 125 ib. 127; 154 ib. 152, and
Mr. Speaker's ruling, 70 Parl. Deb.
4 s. 406.

7189 H. D. 3 s. 1047.
109 L. J. 30.

the Lords.

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