Chapter exempted Proceedings on a ways and means bill, or pursuant to a Business standing order, or an Act of Parliament,' are also perma- by S. 0. 1. nently exempt from interruption. As the most critical use of the closure motion arises Closure. upon the moment for the interruption of business, a statement of the practice of the house under standing order No. 26 (closure of debate) shall preface the consideration of the treatment of questions pending at the moment of interruption (see p. 221). Closure. The method of procedure known as closure, which brings debate to a conclusion, and compels the house to decide upon the matter under discussion, was first authorized by the urgency rule of 3rd February, 1881 (see p. 342), and was permanently established by a standing order agreed to in the year 1882.3 By this standing order the The principal proceedings under Acts of Parliament relate to draft orders in council, rules of court, and administrative orders and regulations presented to both houses as parliamentary papers (see p. 543), and required to lie upon the table of both houses for a certain period. In some of these cases, such as draft orders in council for the holding of military manœuvres, the order in council cannot be made unless both houses present addresses to the Crown praying for the order to be made, 60 & 61 Vict. c. 43, s. 1 (3), 158 C. J. 181; in others, such as special orders and regulations relating to factories and workshops and orders in council relating to, and the rules of the Supreme Court of Judicature, the orders, &c., come into force from the date of their issue or a date fixed by the order, but may be annulled wholly or in part if an address or resolution of either house to that effect is carried within a period fixed by the statute under which the orders are made, 38 & 39 Vict. c. 77, s. 25; 1 Edw. VII. c. 22, ss. 84. 126 (3); 157 C. J. 348; while in other cases, such as statutes of the governing bodies of some 2 136 C. J. 57. Attempts made by the house to Closure motion. S. 0.26.27, S. O. 81, ib. VIII. house was enabled to vote forthwith upon a motion, Chapter closure see p. 381; standing Pursuant to standing orders Nos. 26 and 27, whilst the Under a temporary Speaker, or the chairman of ways and means, or, when chairman, Appendix I. the unavoidable absence of the latter has been announced, not be the deputy chairman, is in the chair, after a question has enforced, been proposed, if a member rising in his place moves, nor in a "That the question be now put," that question must be committee, put forthwith without amendment or debate, unless see p. 396. it appears to the chair that the motion is an abuse of the rules of the house, or an infringement of the rights of the minority; and if, when a division is taken, it appears by the numbers declared from the chair, that not less than a hundred members voted in the majority in support of the motion, it is decided in the affirmative.1 Closure may be moved, as the conclusion of a speech,2 or whilst a member is addressing the house, and in the latter case intercepts any motion which it was his intention to move. The intervention of the chair regarding closure is restricted to occasions when the motion is made in abuse of the rules of the house, or infringes the rights of the minority. A closure motion may therefore be sanctioned by the chair, either immediately upon, or within a few close debate in former times are to put a similar motion, 2nd Feb. A motion failed, insufficient 212 Parl. Deb. 4 s. 790. VIII. See also Chapter minutes after, the proposal to the house of the question to be closed; as, in the discharge of the duty thus imposed upon him, the discretion of the Speaker or the chairman of ways and means is absolute, and is not open to dispute.1 debate, p. 326. demands the closure As-without some further provision, the house might, Further even with the help of the closure, be unable to complete based upon the matter then immediately in hand-directly after the motion. Illustra motion, "That the question be now put," has been carried, tions of questions and the question consequent thereon has been decided, claimed, see without having recourse to any further closure motion, P. 225. the right is given to claim, subject to the discretion of the s. 0. 1. 26, 1 31st March, 1887, 313 H. D. 3 s. 177. Speaker's statements, 20th July, 1888, 329 ib. 57; 28th June, 1889, 337 ib. 1023; 354 ib. 431; 13th March, 1893, 148 C. J. 123; of deputy Speaker, 28th April, 1892, 3 Parl. Deb. 4 s. 1639. For cases in which the Speaker has explained his acceptance or refusal of a motion for closure after a short debate, see 89 Parl. Deb. 4 s. 1390; 90 ib. 760; 107 ib. 383; 119 ib. 54; 132 ib. 108. A question as to the time at which the closure will be moved is irregu lar, 89 ib. 1060; 141 ib. 781. 228th March, 1892, 3 Parl. Deb. 4 s. 138. 3 On two occasions, since the introduction of closure, a form of motion, analogous to a closure motion, but not within the provisions of the standing order, was, with the sanction of the Speaker, submitted to the house. The first met the case of an excessive number of amendments placed upon the notice paper on the report stage of a private bill. The Closure upon the clause. An analogous, but wholly distinct, power is also conwords of a ferred by standing order No. 26, whereby, subject to the discretion of the chair, when a clause is under consideration, motions may be made, to be acted upon forthwiththat the question, "That certain words of the clause" defined in the motion "stand part of the clause, be now put," or that the questions, "That a clause stand part of (or be added to the bill), be now put." These motions, if the questions put thereon are carried, override all power of amendment to the words included in their scope: thus, for instance, in committee upon a bill, after certain additions proposed to subsection 3 of the fifth clause had been negatived, a member rose and moved, "That the question, That the word where'" (being the initial word of subsection 4) "stand part of the clause, be now put." The closure motion, and the question consequent thereon, were carried, and thereby all further additions to subsection 3 were excluded.1 Applica tion of these closure motions. 2 The closure motions that certain words should stand part of a clause, or that a clause should stand part of a bill, apply to a schedule as to a clause, and are in form and use equally applicable when the house is in committee, and when the Speaker is in the chair. These motions also can be moved although closure has not been previously enforced during the consideration of the clause; nor is it necessary that closure should have been moved on the question last proposed from the chair. Thus on consideration of a bill as amended, no antecedent closure having been moved, a member rose and moved, "That the question, That certain specified words of a clause stand part of the bill,' be now put," and the question on the closure motion was put from the chair, while in committee on a bill, the motion, "That the question, moved. 2nd July, 1888, 328 H. D. 16th May and 9th June, 1891, 1892, Clergy Discipline Bill, 147 ib. 2 148 ib. 161; 151 ib. 122; 160 ib. 3 338 H. D. 3 s. 639. 644; 144 C. J. 343; 146 ib. 344. Chapter Chapter "That a clause stand part of the bill,' be now put," has put after interrup Questions pending at the interruption of business.-By a convenient, and indeed necessary, elasticity of practice, which arose in consequence of the introduction of fixed hours for the transaction of business upon Wednesdays, the standing orders which prescribe a limit to the time for the transaction of business are not so strictly enforced as to prevent the house from completing, when the fixed hour Question arrives, the proceeding on which a decision is in process of moment of being taken. Procedure thereon is, under this practice, tion. extended, not only beyond the hour appointed for the interruption of business, but also beyond the hour appointed for the suspension of a sitting, or for the adjournment of Question the house. Consequently, whenever a question is under moment decision, either by collecting the voices, or by a division, journment. at an hour appointed by the standing orders for a cessation in the transaction of business, or of the sitting of the house, the decision of the house is announced and acted upon after that fixed hour. Nor does the fact Closure at that the moment is passed when business should be moment of interrup interrupted, or the house adjourned, prevent the proposal tion, see p. from the chair of the main, original, or any further questions consequent upon that decision of the house, and any such question may be decided, if necessary, by a division.3 224. put after for ad ment of If, however, when such a question is proposed from the Adjournchair, a member rises to object to further proceeding, or questions offers to speak to the question, his action converts the moment 1 97 Parl. Deb. 4 s. 1526; 156 C. J. 340. 2 Post-Office Balances, 29th July, 1873, 217 H. D. 3 s. 1230-1232; 128 C. J. 403; Land Tenure (Ireland) Bill, 21st March, 1877, 233 H. D. 3 s. 306. The case is unusual, so it may be mentioned that the Speaker, on after of inter consideration of the amendments by ruption. |
