1 XXVII. so, to object to them; and, on the 13th August, the con- Chapter sideration of the Lords' reasons being deferred (on division) in the Commons for three months, the bill was lost.2 On the 29th April, 1892, there was a notice of motion to the effect that an instruction be given to the committee on the London County Council (General Powers) Bill, to consider the desirability of inserting a clause enabling the clerk of the County Council of London to correct the totals of the valuation lists in a manner set forth in the instruction; but the Deputy-Speaker stated that, though the bill was an omnibus bill, there was no one of its clauses which dealt with any matter cognate to the subject of the instruction, which therefore could not be entertained, not being in order. And on the 3rd March, 1898, notice having been given of an instruction to direct the committee on the Great Northern Railway Bill to provide for an increased number of workmen's trains (to which there was no reference in the bill), Mr. Speaker intimated to the member who had given notice of the motion that the question was one of general policy affecting all railways, and that there being nothing in the bill to which it was germane, the proposed instruction could not be moved.1 1 128 L. J. 402. 2 151 C. J. 453; 44 Parl. Deb. 4 s. 716-726. 33 Parl. Deb. 4 s. 1643. 4 On the 24th April, 1896, an instruction, to direct the committee on the London and North Western Railway Bill, to provide that the rates and tolls on a particular section of the line should be no higher than on any other branch, was permitted to be moved, as powers were sought in the bill to widen the section in question and the company had previously been authorized to charge exceptional rates on this section, which were higher than those general on all railways. On a division, however, the proposed instruction was negatived (151 C. J. 170; 39 Parl. Deb. 4 s. 1615-1626; cf. also the pro ceedings, 17th March, 1904, on proposed instruction on Lancashire and Yorkshire Railway Steam Vessels Bill, 1904, 131 Parl. Deb. 4 s. 1472). But, on the 15th June, 1894, a proposed instruction to the committee on the Dublin, Wicklow and Wexford Railway Bill-to insert clauses to enable the public to take gravel, &c., from the foreshore below the cliffs along which the company's line passed-was ruled out of order, the question having nothing to do with the subjectmatter of the bill, which was one for raising additional capital (25 Parl. Deb. 4 s. 1206). And on the 4th April, 1905, in the case of a bill which provided for the transfer of certain tramway undertakings to the Dublin United Tramways Company, it was proposed, by means of Chapter On the 7th March, 1899, an instruction of which notice had been given, on the Gas Light and Coke Company Bill, was ruled out of order, because it proposed to refer to the committee on the bill the consideration of the affairs of numerous other independent gas companies to which the bill had no reference. And in other cases an instruction on a private bill has not been permitted to be moved, where the objects proposed by it were clearly of an impracticable kind1 or its terms were too vague to afford definite directions to the committee.2 a mandatory instruction to the committee, to secure the insertion in the bill of a clause empowering the company to supply electric current for the lighting of the Blackrock urban district; but the proposed instruction was not permitted to be moved, because the powers which it was sought to confer were quite outside the scope of the bill (Mr. Speaker's private ruling, Dublin United Tramways Bill, 1905). The following proposed instructions were also ruled out of order as being outside the scope of the bills to which they respectively referred: (1) Instruction to direct the committee on the Belfast Harbour Bill, 1898 (14th June, 59 Parl. Deb. 4 s. 182), although the bill did not Ideal with the constitution of the Harbour Board, to inquire whether any change should be made in the qualification for electors, or otherwise regarding the election of members, of the authority; (2) Instructions to direct the committee on the Belfast Harbour Bill, 1901 (10th July, 96 Parl. Deb. 4 s. 1471), to insert a clause altering the franchise of the Harbour Board and another clause providing for the erection of a police barrack; and (3) Instruction to empower the committee on the Belfast Corporation Hospital Bill, 1898 (26th April, 56 Parl. Deb. 4 s. 1173), to insert provisions for a grant, by a capital sum or by annual payment out of the rates, to the Mater Misericordiæ Hospital in Belfast. Cf. also 56 Parl. Deb. 4 s. 1514 (Dublin Port, &c., Bill, 1898). 1 In 1896 notice was given of an instruction to direct the committee on the New River Company Bill to provide that the money paid by the promoters in purchasing part of the Alexander Park Company's estate should be reinvested in adjacent land, of which the public should have rights of user. But Mr. Speaker held that such an instruction would be out of order, as the latter company were only before the house as willing vendors, on whom no condition could be imposed, nor could they perform what was proposed to be forced on them, viz. to acquire adjacent land, the holders of which had had no notice served on them. Cf. also the proceedings, 16th July, 1902, upon the Brompton and Piccadilly Circus Railway, &c., Bill and the Great Northern and Strand Railway Bill, 111 Parl. Deb. 4 s. 439. 443. In 1898 an instruction of which notice had been given, on the Fishguard and Rosslare Railway Bill, and by which it was proposed to direct the committee to insert such clauses as would secure the commercial interests of the city and port of Cork, &c., was ruled out of order on the ground that it was too vague and gave no definite instruction to the committee (Mr. Speaker's private ruling 3rd May, 1898). And Instructions for dividing or consolidating bills. And other instructions. Commitment of private bill. XXVII. Instructions to committees may be given to divide a bill Chapter into two or more bills,1 or to consolidate two or more bills, or any part or parts thereof.2 In addition to the various forms of instruction already mentioned, instructions for carrying out the procedure in private bills are sometimes necessary, which confer on committees power to insert additional provision in a bill, or to make provision in a bill for the alteration of stamp duties, or for the release of money deposited in the Court of Chancery for the completion of a railway, in pursuance of special resolution of the house (supra, p. 726). When a private bill has been read a second time, and committed, it stands referred,3 if not a railway, canal, or S. O. 208. in 1903 Mr. Speaker also ruled out of order, upon the same ground, an On the 14th March, 1901, on the To consolidate a hybrid and a In 1903 the committee on the 3 On the 22nd June, 1863, after the London (City) Traffic Regulation Bill had been so committed, a motion was made to suspend the standing order, and to commit the bill to a committee of fifteen, ten to be nominated by the house, and five by the committee of selection: but it was not agreed to by the house. Cf. also the proceedings, 22nd May, 1900, on the Birmingham (King Edward VI.) Schools Bill, 83 Parl. Deb. 4 s. 894-5. On the 12th July, 1905, a motion was made to discharge the order of committal of the Administrative County of London, &c., Electric Power Company Bill (which had been read a second time and committed in the ordinary way) and to commit the bill to a specially constituted XXVII. Chapter divorce bill, to the Committee of Selection; if a railway or canal bill, to the General Committee on Railway and Canal bills; and if a divorce bill, to the select committee on Divorce bills (infra, Chapter XXIX). mittee of The Committee of Selection is a sessional committee, The Com- In addition to other duties with which it is entrusted,2 Its pre- General and Canal 8. 0.99 to The General Committee on Railway and Canal bills- The which is also a sessional committee, under standing order Committee No. 99-is nominated at the commencement of the session on Railway by the committee of selection, and now generally con- bills. sists of about sixteen members, three being the quorum. 101, 103. The committee of selection may, from time to time, discharge members from attendance on the general committee, and is to appoint the chairman. As regards railway and canal bills, this general committee has functions similar to those of the committee of selection. It forms such bills into groups: it appoints from its own committee of nine members. This 1 The number of these members 52); and from seven to ten in 1903 2 The committee of selection is XXVII body the chairman of every committee on such bills, Chapter The several duties of these two committees are distinctly prescribed in the standing orders, and a general outline of their proceedings is all that need be given in order to explain the progress of a private bill. Printed copies of S. O. 102. all bills are laid by the promoters before the committee of selection, and before the general committee of railway and canal bills, as the case may require, at the first meeting of such committees respectively; and each of these committees forms into groups such bills as may be conveniently submitted to one and the same committee, fixes S. O. 105. the time of the first sitting1 of such committee, and 106. Consti tution of committees bills. names the bill or bills which shall be taken into con- Under standing orders Nos. 115 and 116, the committee on every opposed railway and canal bill, or group of such on opposed bills, consists of four members not locally or otherwise interested in the bill or bills referred to them, the chairman being appointed (as already explained) by the general committee, and the other three members by the committee. of selection. Committees on other opposed private bills consist of a chairman and three members, not locally or otherwise interested, appointed by the committee of selection.2 Constitu Every unopposed bill, not being a divorce bill, is Committee referred by the committee of selection-or, if a railway, tion of the on Unopposed Bills. This is subject to the standing order No. 211 (infra, p. 749) which prescribes a specified interval between the second reading of a bill and its consideration by a committee. 2 Prior to the 27th July, 1864, committees on opposed bills consisted of five members (cf. standing orders of 1863, and 119 C. J. 471). |