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ordered to

bring in

bills.

XIX.

lengthened debate upon its merits. When an important Chapter
measure is offered by a minister or other member, this
opportunity is frequently taken for a full exposition of its
character and objects: but otherwise, debate should be
avoided at this stage, unless it be expected that the motion
will be negatived, and that no future occasion will arise for
discussion. If the motion be agreed to, the bill is ordered
to be prepared and brought in by the mover and seconder,2
and by such other members as may be thought expedient.3
Members also have been nominated by the house to join
with the members ordered to bring in a bill, either in sub-
stitution for, or in addition to, those included in the order
of leave. Debate on the merits of the bill is not allowed
on such an occasion.5 Instructions may be given to these
gentlemen to make such provision in the bill, as has been
agreed to by the house on the reports from committees of Procedure
the whole house which relate to charges upon the people.6 p. 629.
Amendments have been made or proposed to a question
for leave to bring in a bill, either hostile to the motion," or
to effect the alteration thereof. On the 20th February,
1852, the motion for leave to bring in a Militia bill, as pro-
posed by Lord John Russell, was amended, on division. 465.
1893 (private ruling), that the names
of members ordered to bring in a
bill should not exceed twelve in
number, while the number of names
on the back of a bill presented with-
out an order of the house for its
introduction is similarly limited,
104 Parl. Deb. 4 s. 1292.

The lengthened debate on this question is of comparatively recent origin. Debate on the Protection of Life and Property (Ireland) Bill continued over five sittings, 24th Jan. to 2nd Feb. 1881, and was closed by Mr. Speaker Brand (see p. 286, n. 2); Government of Ireland Bill, 1886, four sittings, 1893, four sittings; Criminal Law and Procedure (Ireland) Bill, 1887, five sittings, and four sittings on the motion to give precedence to procedure on the Bill.

2 This order is ordinarily formal; but, 20th Feb. 1852, Lord Palmerston having carried an amendment to the motion for leave to bring in Lord J. Russell's Militia Bill, discussion arose upon the question, by whom the bill should be brought in, 119 H. D. 3 s. 876.

The Speaker decided, 1 Feb.

91 C. J. 613. 632; 113 ib. 92.
262; 116 ib. 219. 226; 130 ib. 132.
171.

5 171 H. D. 3 s. 478. 521.
6129 C. J. 114; 138 ib. 131; 140
ib. 363; 145 ib. 260.

Church Rates, 1853, 108 ib. 516;
County Franchise, 1861, 116 ib. 65;
Protection of Person, &c. (Ireland),
1881, 136 ib. 49. An amendment to
postpone procedure on the motion
to that day six months is out of
order, 151 H. D. 3 s. 1242.

205.

70 C. J. 62; 71 ib. 430; 106 ib.

thereon, see

Title of a

bill, see p.

Chapter
XIX.

The ministers resigned, and a bill was afterwards brought
in by the new administration, in conformity with the
amended order.1 A bill has been ordered as an amend-
ment to a question for a resolution of the house; 2 and on
the 17th April, 1834, a bill to admit Dissenters to the
Universities was ordered, as an amendment to a question
for an address to the Crown for that purpose.3 In 1869, a
bill for the Disfranchisement of Freemen in the City of
Dublin was ordered as an amendment to a question for the
issue of a new writ.4

naries.

In various cases, proceedings preparatory to the bringing Prelimiin of bills, first occupy the attention of the house. Sometimes resolutions have been agreed to by the house, and bills immediately ordered, as in the cases of the Liverpool Elections Bill in 1831: at other times, resolutions of the house in a former session have been read, and bills ordered thereupon. On the 5th March, 1811, resolutions of a former session, relating to the slave trade, were read, and a bill ordered nem. con. In 1833, the introduction of the bill for the abolition of slavery was preceded by several resolutions. The Regency Bills of 1789 and 1811 were founded upon. resolutions which had been reported from a committee of the whole house, communicated to the House of Lords, and agreed to, and afterwards presented by both houses to the Prince of Wales and the Queen. On other special occasions, resolutions agreed to by both houses, at a conference, have preceded the introduction of a bill.10 It has not been uncommon, also, to read parts of speeches from the throne, messages from the sovereign, Acts of Parliament, entries in the Journal, reports of committees, or other documents in possession of the house, as grounds for legislation, before the motion is made for leave to bring in a bill. On the

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Bills origi

nating in committee.

XIX.

30th April, 1868, a question, that the oath taken by Chapter
Roman Catholic members previous to the alteration of
their oath in 1866, be read by the Clerk at the table, was
negatived.1

bills creat

The most frequent preliminary to the introduction of Introduction of bills is the report of resolutions from a committee of the bills creating a public whole house, in conformity with the standing orders regard- charge, see ing charges upon the people. The chairman is sometimes P. 559; of directed by the committee to move the house for leave to ing other charges, bring in a bill or bills; and sometimes the resolutions are see p. 599; of bills for simply reported, and after being agreed to by the house, a the reduc bill is ordered thereupon; or upon some only; or a bill tion of a charge, see upon some of the resolutions, and other bills upon other p. 572. resolutions. Sometimes several resolutions have been reported, and agreed to, and another resolution directing the chairman to move for a bill pursuant to the said resolutions, has been reported separately, on which the chairman immediately proceeded to move for a bill. These resolutions have also been again read and a second bill ordered thereon (see p. 629).

Other bills In other cases, it has been deemed advisable, for paroriginating ticular reasons, to initiate legislation by preliminary discusmittee. sion in committee, as in 1856, on the subject of education,

in com

and in 1858, on the government of India. Again, in 1867,
it was proposed to found the Representation of the People
Bill upon resolutions to be previously discussed in com-
mittee but ultimately the bill was brought in without any
preliminary proceedings. As the house may refer any

123 C. J. 113; Royal Titles Bill,
1876; 131 ib. 47.

1 123 ib. 148; 191 H. D. 3 s.
1582.

2 The standing orders which required that bills relating to religion and trade should originate in a committee of the whole house were repealed, 29th Feb. 1888, 143 C. J. 75. The resolution of session 1771, which required that legislation for the infliction of capital punishment should originate in committee, 33

ib. 417, is obsolete; see chairman's
ruling, 21st March, 1861, 162 H. D.
3 s. 201.

3 81 C. J. 44; 123 ib. 160. 176;
144 ib. 115. 385; 145 ib. 198. 263.
+ 80 ib. 471; 103 ib. 981; Black-
water Bridge, 1873, 128 ib. 249.
5 113 ib. 235.

• 111 ib. 87.

149 H. D. 3 s. 853. 1654; 113 C. J. 135. 235.

8185 H. D. 3 s. 214. 1203.

XIX.

Chapter matters whatever to the consideration of a committee, this course is not inconsistent with any parliamentary principle: but it is open to these objections,-that it involves a double discussion of the same questions in committee, and that it reverses the accustomed order of proceeding, by giving precedence to the consideration of the details of a measure, instead of to the principle. When a bill stands for a second reading, it is out of order to propose resolutions in a committee, having the same legislative objects, until the order for the second reading of the bill is discharged.1

p. 479.

Title amended,

bills.

Effect of In preparing bills, care must be taken that they do not Preparing title on procedure, see contain provisions which are not authorized by the order of leave, that the prefatory paragraph prefixed to a bill which defines the object thereof, known as the title of a bill, corresponds with the order of leave,2 and that the bill itself is prepared pursuant to the order of leave, and in proper form; for, if it should appear that these rules have not been observed, the house will order it to be withdrawn.1

see pp. 491,

497, 502.

8

Such objections, however, should be taken before the second reading; for it is not the practice to order bills to be withdrawn, after they are committed,5 on account of any irregularity which can be cured while the bill is in committee, or on recommitment. Amounts of salaries, Blanks and italics. mittee pro- tolls, rates, or other charges, and dates, formerly left in

For com

cedure on

blanks, see blank, are printed in italics.

p. 489.

For

presen

sented.

A bill may be presented during the same sitting as that Bills pretation of a in which it is ordered, or at a subsequent sitting, whilst the house is not engaged in the transaction of business. It is

bill without an order

for its

introduc

tion, see p. 466.

1 149 H. D. 3 s. 1595.

2102 C. J. 832; 103 ib. 522.

3 Poor Removal (Ireland) Bill, 25th April, 1883; 138 ib. 161. Speaker's ruling, Registration of Electors Bill, 23rd March, 1893, 10 Parl. Deb. 4 s. 938.

1 80 C. J. 329; 82 ib. 325; 48 ib. 261; 92 ib. 254. A clause relating to the qualification of members having been embodied in a bill for regulating expenses at elections, the bill was consequently withdrawn by

order, 90 ib. 411.

5 Objection being taken after report, and recommitment of the Income Tax and Inhabited House Duties Bill, 1871, that the bill comprised provisions beyond the order of leave, and that the second reading had been agreed to under a misapprehension of its contents, the bill was withdrawn, 9th and 11th May, 1871; 206 H. D. 3 s. 631.

671 ib. 403; 27 Parl. Deb. 4 s. 1091-6.

presented by one of the members who were ordered to pre- Chapter

1

pare and bring it in. The member who has obtained leave for a bill, should take the draft to the Public Bill Office for inspection, and transmission to the printer, where he will receive the form for the presentation of the bill to the house. To do so, in pursuance of the order, 10th December, 1692,2 he goes from his place to the bar of the house. The Speaker thereupon calls upon him by name: he answers, “a bill, sir;" and the Speaker desires him to "bring it up;" upon which he carries the bill to the table, and delivers it to the Clerk of the house, who reads the short title aloud; when the bill is said to have been "received by First read- the house." 8 After a bill has been received in either house, ing and a question is put, "That the bill be now read the first time," which is rarely opposed, either in the Lords or Commons; and in the Commons can only be opposed by a division, as, under standing order No. 31, "when a bill is presented, or is brought from the Lords, the questions, ' that the bill be now read a first time;' and 'that the bill be printed,' shall be decided without amendment or debate." A member who has given notice of his intention to present a bill without moving for leave for its introduction without an on being called by the Speaker carries the form obtained the house. for the purpose from the Public Bill Office to the table (2) Appen- without first going to the bar. The short title of the bill

printing.

S. O. 31, Appendix I.

Printing of bills presented

order of

S. O. 31,

dix I.

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is read aloud by the clerk at the table. The bill is then
deemed to have been read the first time and is to be
printed.

XIX.

Bills sent from the House of Lords to the Commons are read the first time, and a day is fixed for the second reading, upon motion made without notice either before the commencement or after the close of public business (see p. 245). This motion is one of those formal motions Formal for the transaction of business which, by usage, are not see p. 215. opposed, and are made, without objection, during the time

133 C. J. 255.

2 10 ib. 740.

3 See 1 ib. 223.

Lords' standing order No. 37; 136 C. J. 100. (Bill read a first time on division.)

motions,

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