XXVII.

104.

Chapter etc., bill, by the general committee-to the Committee s. o. 109. on Unopposed Bills, which consists of five members, viz. the chairman of ways and means (who when present is ex officio chairman), the deputy chairman, two memberswho are selected from time to time, by the chairman of ways and means, from 'a panel appointed by the committee of selection at the commencement of every sessionand the counsel to Mr. Speaker.1

the com

selection

S. O. 107.

The committee of selection may not consider any bill as an What bills opposed bill unless-within the time appointed, by standing mittee of order No. 128, for the presenting of petitions against bills— regard as a petition has been presented against it, in which the opposed. petitioners pray to be heard by themselves, their counsel, 128. 83. or agents; or unless the chairman of ways and means reports to the house that any unopposed private bill ought to be treated as opposed (infra, p. 753).

of com

opposed

con- bills to

sign decla

Each member of a committee on an opposed private bill, Members or group of such bills, before he is entitled to attend and mittees on vote, is required to sign a declaration "that his stituents have no local interest, and that he has no per- ration: sonal interest" in the bill; "and that he will never vote s. 0. 117. on any question which may arise without having duly heard and attended to the evidence relating thereto." In the case of an unopposed private bill, no member of the and on unopposed committee on the bill who is locally or otherwise interested bills not to may vote on any question that may arise, although he is locally entitled to attend and take part in the committee's proceedings.2

vote when

interested.

S. O. 138.

Under standing order No. 110, the committee of selec- Notice to tion is required to give each member

"Not less than seven days' notice, by publication in the votes or otherwise, of the week in which it will be necessary for him to be in

The quorum of this committee is three.

In the absence of the chairman of ways and means, or in case he is locally or personally interested in the bill, the deputy chairman, or the next member in rotation, who is not so locally or

personally interested, may act as
chairman of the committee.
2 Cf. supra, p. 378.

See also p. 789, for the proceed-
ings of the committee on un-
opposed bills. And for unopposed
bills in the Lords, see pp. 849-850.

be given to members

to serve on

committee. S. O. 110.

111.

Members refusing to attend.

attendance for the purpose of serving, if required, as a member, not
locally or otherwise interested, of a committee on a private bill."

And by standing order No. 111

"The committee of selection shall give to each member sufficient
notice of his appointment as a member of a committee on any private
bill, or group of such bills, and, in every case where a declaration is
required to be signed and returned by such member, shall transmit to
him a blank form of the declaration required, with a request that it
may forthwith be returned properly filled up and signed."

Members If a member neglect to return the declaration in due
returning
no answer. time, or do not send a sufficient excuse, the committee of
S. O. 113. selection will report his name to the house, and he will be
ordered to attend the committee on the bill; or to attend
the house in his place, where, on offering sufficient apology
for his neglect, he will be ordered to attend the committee.
If the committee of selection be dissatisfied with his
excuse, they will require him to serve upon a committee;
when his attendance will become obligatory, and if neces-
sary will be enforced by the house. On the 5th May,
1845, a member did not attend a committee, to which he
had been nominated, on a group of railway bills, and his
absence was accordingly reported to the house in the pre-
scribed manner. He stated to the house that a corre-
spondence had taken place between the committee of
selection and himself, in which he had informed them
that he was already serving on two public committees,
and that his serving on the railway group committee was
incompatible with those duties. But the house ordered
Case of Mr. him to attend the railway committee. In 1846 the com-
mittee of selection, not being satisfied with the excuses of
Mr. Smith O'Brien, nominated him a member of a com-
mittee on a group of railway bills in the usual manner.
He did not attend the committee; his absence was accord-
ingly reported to the house; and he was ordered to attend

Smith

O'Brien.

1103 C. J. 590. 627; 115 ib. 138; 117 ib. 91; 120 ib. 369 (in this case no order was made).

2 115 C. J. 94. 99. 106.

See infra, p. 756, as to the

standing order (No. 122) under
which a report must be made to
the house of the absence of mem-
bers of committees.

+ 100 C. J. 399; 80 H. D. 3 s. 166.

Chapter
XXVIL

Chapter the committee on the following day. Being again absent,
XXVII. his absence was again reported; he attended in his place.

in the house and stated that he refused to attend the com-
mittee; upon which he was declared guilty of a contempt,
and was committed to the custody of the Serjeant-at-arms.1
The committee of selection have the power of discharging
any member or members of a committee, and substituting ber substi
other members. On the 4th May, 1869, two members tuted for
were added by the house to the committee on a group of S. O. 113.
private bills, but without the power of voting.2

One mem

another.

Interval

and

An interval of six days is required to elapse between the between second reading of every private bill and the first sitting of second reading of the committee, except in the case of name bills, naturaliza- private bill tion bills, and estate bills (not relating to the Crown, church committee. or corporation property, &c.), when there are to be three S. 0. 211. clear days between the second reading and the committee. Subject to this general order, the committee of selection-sitting of or, in the case of railway and canal bills, the general com- committee mittee-fix the time for holding the first sitting of the s. o. 105. committee on every private bill.

First

fixed.

Cases of

in commit.

private

bilis.

In all these matters the committee of selection ordinarily departure proceed in compliance with the standing orders; but where from ordinary any departure from the standing orders, or the usual procedure practice of the committee, is deemed advisable, or where, ment of for any other reason, a particular mode of dealing with any bills is desired by the house, special orders have been made, or special directions to the committee of selection have been given. For example, the house has directed the committee of selection to refer two or more bills to the same committee, or to form all the bills of a certain class into one group; to refer a bill to another committee; 5 to remove a bill from a group, and refer it to a separate

1 101 C. J. 566. 582. 603; special Rep. of committee of selection, 24th April, 1846; 85 H. D. 3 s. 1071. 1152. 1292. 1300. 1351; and 86 ib. 966. 1198.

For recent cases in which members, reported absent from a private bill committee, have been ordered

to attend, see 155 C. J. 297. 305; 157
ib. 382; 158 ib. 197; 160 ib. 67.
2124 C. J. 177. Cf. also supra, p.
404.

100 C. J. 95. 224; 101 ib. 460
106 ib. 280; 124 ib. 48. 63.

4 104 C. J. 248.

5 100 C. J. 607.

Private bills re

1

Chapter 2 XXVII.

committee; 1 to withdraw a bill from one group and place it in another; to refer private bills to a group of railway bills; ' or to refer a bill to the chairman of the committee on standing orders, and two other members.3 Directions have also been given to appoint the first meeting of committees on an earlier day, or forthwith; 5 or not to fix the sitting of committees upon certain classes of bills until a later period; or otherwise dealing with the first meeting of committees." In 1855 the Westminster Land Company Bill was added to a group of private bills directly, by order of the house, without the intervention of the committee of selection; and an instruction was given to the committee on the bill to sit and proceed forthwith. Sometimes private bills affecting the metropolis or other important ferred by localities, or dealing with a subjeet which, in the opinion house to of the house, is of special interest, have been referred—either exceptionally consti- with, or without, an instruction-to a select committee mittees. nominated (like the committee on a hybrid bill") partly by the house and partly by the committee of selection, or otherwise exceptionally constituted. Thus, in 1871, several private bills promoted by the Metropolitan Board of Works were committed to a select committee of ten members, five to be nominated by the house, and five by the committee of selection.10 In 1878 an order was made referring every opposed tramway bill, of that session, which authorized the use of mechanical power, to a select committee of nine members, five of whom were nominated by the house and four by the committee of selection.11 In 1896 a select committee was appointed of nine members (four nominated

tuted com

Chapter

3

by the house and five by the committee of selection) to XXVII. whom all bills promoted by the London water companies were committed.1 And other private bills have been referred to select committees of eleven members, six to be nominated by the house, and five by the committee of selection; 2 or of nine members of whom five or four were nominated by the house, and four or five by the committee of selection; or of seven members, all nominated by the committee of selection. In 1882 a private bill was committed to the select committee on a public bill; 5 and several private bills for electric lighting were referred to the select committee, consisting of fifteen members (nine nominated by the house and six by the committee of selection), upon a public (Electric Lighting) bill." In the session of 1882 all private bills promoted by local authorities and relating to Police or Sanitary regulations were for the first time referred, by an order of the house, to a select committee specially constituted for their consideration by the

1 151 C. J. 116. 117.

2 London Streets and Buildings Bill, 1894; 149 C. J. 56.

3 Manchester Corporation Water Bill, 1878 (133 C. J. 62); Liverpool Corporation Water Bill, 1880, (135 ib. 175); London Improvements and London County Council (General Powers) Bills, 1893 (148 ib. 233. 84); London Water (Transfer) Bills, 1895 (150 ib. 53. 57. 163); Belfast Corporation Bill, 1896 (151 ib. 80); Fishguard and Rosslare Railways, &c., Bill, 1898 (153 ib. 172); Great Southern and Western, and other Irish Railways, Bills, 1899 (154 ib. 89); and South Eastern and London, Chatham and Dover Railway Companies Bill, 1899 (154 ib. 96).

In other cases a motion has been made to commit a private bill to a committee constituted in a similar manner, but has been negatived (127 C. J. 75; 128 ib. 73; &c.). Unless the question for committing a private bill to such an exceptionally constituted committee is put and agreed to, the bill stands referred to the committee of selec

tion, or the General Committee, in the ordinary way.

In 1868 all bills relating to gas companies in the metropolis were referred to a select committee of five members, whom the committee of selection were afterwards ordered to nominate; and a hybrid bill, the Metropolis Gas Bill, was recommitted to this committee (123 C. J. 66. 74. 126). In 1867 the Gas Light and Coke, and the Imperial Gas, Companies' Bills were committed to a specially constituted committee to whom the Metropolitan Gas (a public) Bill had been recommitted (122 C. J. 205. 207. 209); and again, in 1875, certain gas bills were referred to the select committee (nominated partly by the house and partly by the committee of selection) on the Metropolis Gas Companies (hybrid) Bill (130 C. J. 216).

4155 C. J. 101.

5 London Parochial

Charities