ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Questions mutilated

ments.

X.

motion. Hence it was defeated by a small majority of 12 Chapter
(ayes 229, noes 241). This was generally represented, in
the press, as a near approach to the success of the principle
of disestablishment: but when the question, with the
amendment added, was put to the vote, it was negatived
by a very large majority (ayes 49, noes 346).1

2

On the 19th June, 1822, the house having struck out all by amend the words of a question after "That" relative to tithes in Ireland, an amendment to add other words was superseded by the house passing to the other orders of the day; and the original question was thus left, reduced to the initial word "That." Again, on the 8th December, 1857, a majority of the house being adverse to a motion relating to joint-stock banks, and also to a proposed amendment, the original question was ultimately reduced to the word "That; " when, no other amendment being proposed, the Speaker called upon the member whose notice stood next upon the paper.3

add words.

On the 21st June, 1870, a motion being made "That it is undesirable that opposed business should be proceeded with after twelve o'clock," an amendment was proposed to leave out "twelve" and insert "one." Upon division, the house resolved, first, that "twelve" should not stand part of the question; and secondly, that "one" should not be inserted. The question thus stood with a blank, which no one proposed to fill up with any other words; when the house was relieved from its embarrassment by the withdrawal of the original motion.1

tice regard

amend

To insert or 3. In the case of an amendment to insert or add words, For practhe proceeding is more simple. The question is merely ing amenput, that the proposed words "be there inserted" or ments to "added." If it be carried, the words are inserted or added ments, see accordingly, and the main question, so amended, is put: but if negatived, the question is put as it originally stood,5

1 141 C. J. 85. Again, see 19th March, 1886, 141 ib. 106.

2 77 ib. 356.

3 113 ib. 10. For examples of similar proceedings, see 131 ib. 139;

132 ib. 40; 135 ib. 60. 74; 136 ib.
163; 138 ib. 10; 140 ib. 72.

4 125 ib. 270.

5 113 ib. 201.

p. 296.

Chapter unless it be afterwards proposed to insert or add other words.

X.

Amendments to

the house

motions,

ments to be

on amend

It is an imperative rule that every amendment must be rele- Amendbusiness of vant to the question on which the amendment is proposed.1 relevant. As the conduct of the persons mentioned on p. 278 can Restriction see p. 268. only be debated upon a substantive motion, embodying ments. therein a specific charge, reflections upon their conduct cannot be brought before the house by way of amendment. Nor, following the principle laid down regarding motions (see p. 278), can an amendment be moved which revives a (Previous question already decided, which anticipates a motion or amendment of which notice has been given, or matters contained in an order of the day, or which is inconsistent with words in the motion which have been already agreed upon.2 The Speaker has also ruled that an amendment that was merely an expanded negative, or otherwise irregular in form, could not be proposed from the chair.3

Amendments

Question).

see p. 283.

2

of propos

amend

ments.

Several amendments may be moved to the same question, The mode but subject to these restrictions. 1. No amendment can be ing several made in the first part of a question, after the latter part has been amended, or has been proposed to be amended, if a question has been proposed from the chair upon such amendment but if an amendment to a question be withdrawn, by leave of the house, the fact of that amendment having been proposed will not preclude the proposal of another amendment, affecting an earlier part of the question, so long as it

:

1 120 Parl. Deb. 4 s. 806; 121 ib. 506; 144 ib. 1497. This principle was asserted for the first time in the 9th edition, p. 325; 70 H. D. 3 s. 213; 266 ib. 1846; 11th May, 1882, 269 ib. 461. An illustration may be given of the former licence in amendments. To the question for the Speaker's leaving the chair for the committee on the Reform Bill, 6th Aug. 1831, an amendment was moved for the production of papers on the state of Poland; and on an analogous proceeding, 9th May, 1834, the Speaker stated "that, according to the forms of the house and the

law of Parliament, there was no
necessity that an amendment should
be akin to the question," 86 C. J.
758; 89 ib. 271; 23 H. D. 3 s. 785.

2 6th Feb. 1884, 284 ib. 98; 17th
Feb. 1887, 310 ib. 1800. 1830; 1st
March, 1887, 311 ib. 965; 9th
March, 1887, 311 ib. 1633; 4th
March, 1889, 333 ib. 851; 20th Feb.
1890, 341 ib. 762; 20th April, 1894,
23 Parl. Deb. 4 s. 997; 14th Feb.
1899, 66 ib. 922.

3136 C. J. 26; 9 Parl. Deb. 4 s. 456; 146 ib. 991. For an amendment negativing the first part of a motion, see 157 C. J. 492.

Amend

ments on stages of bills.

X.

does not extend further back than the last words upon which chapter
the house have already expressed an opinion; for the with-
drawal of the first amendment leaves the question in pre-
cisely the same condition as if no amendment had been
proposed. Each amendment should be proposed in the
order in which, if agreed to, it would stand in the amended
question;1 and should a member be in the act of moving an
amendment, another member, before the question upon such
amendment has been proposed from the chair, may intimate
his wish to move an amendment to an earlier part of the
question, and that wish may be carried out, if the member,
who is in possession of the house, consents to resume his
seat.2 But
But if the question has been already proposed from
the chair upon an amendment, no other amendment can be
moved, unless the first be, by leave of the house, withdrawn.
2. When the house have agreed that certain words shall stand
part of a question, it is irregular to propose any amendment
to those words, as the decision of the house has already been
pronounced in their favour: but this rule does not exclude
an addition to the words, if proposed at the proper time.3
In the case of a second reading or other stage of a bill,
however, it is not allowable to add words to the question,
after the house has decided that words proposed to be left
out should stand part of that question. Every stage of a
bill, being founded upon a previous order of the house, is
passed by means of a recognized formula, and may be post-
poned or arrested by acknowledged forms of amendment:
but when any such amendment has been negatived, no
other amendment, by way of addition to the question, can
be proposed, which is not, in some degree, inconsistent
with the previous determination of the house; and it has,
therefore, never been permitted.

1 2 Hatsell, 123.

2 22nd Aug. 1887, 319 H. D. 3 s. 1475; 26th May, 1892, 4 Parl. Deb. 4 s. 1961. On the occasion when the two members who proposed to move amendments rose almost simultaneously, although his call had been given to the other member,

Nor can an amendment

the Speaker gave priority of speech
to the mover of the prior amend-
ment, notice having been given
thereof, 14 ib. 483.

365 C. J. 480; 129 ib. 52; 138 ib. 191.
4th June, 1866, 183 H. D. 3 s.
1918; 186 ib. 1285; 240 ib. 1602;
347 ib. 743.

X.

Chapter be made, by the addition of words to the question, for reading a bill a second time. In like manner, an established form of amendment, such as the "six months" formula used to obtain the rejection of a bill (see p. 472), is not capable of amendment.1 The same rule applies to the question for the Speaker's leaving the chair on going into committee of supply. 3. In the same manner, when the house have agreed to add or insert words in a question, their decision may not be disturbed by any amendment of those words: but here, again, other words may be added. Such words, however, may not be to the same effect as those omitted by the amendment.

ment ad

cept as to

The principle applied to amendments to the questions No amendproposed on the stages of a bill, namely, that established missible to forms of procedure can only be dealt with by recognized question of adjournforms of amendment, is also applied to motions for adjourn- ment, exment; for whilst motions for the adjournment of the house time. or of the debate, moved as dilatory motions (see p. 281), cannot be amended, so to a motion that the house at its rising Motions for do adjourn till a future day, no amendment is permissible adjournunless it relates to the time of adjournment. On the question ment, see p. 227; of adjournment from Friday till Monday, an amendment was debate thereon, see proposed relating to a day of thanksgiving on the restoration of peace, the Speaker ruled such an amendment to be out of order, as the only amendment which could be moved was that the house shall adjourn to some other day than Monday.9

P. 316.

ment on

taking

amend

ments.

But when a member desires to move an amendment to a Arrangepart of the question proposed to be omitted by another amendment, or to alter words proposed to be inserted, it is sometimes arranged that only the first part of the original amendment shall be formally proposed, in the first instance, so as not to preclude the consideration of the second amendment. This course, which is followed in committees on bills (see p. 484), is resorted to in the house only on the

1 334 H. D. 3 s. 929.

2 On the same principle an amendment to a motion of thanks for a sermon preached before the house

has been ruled out of order, 50 Parl.
Deb. 4 s. 979.

325th April, 1856, 141 H. D. 3 s.
1541; 242 ib. 2076.

Withdrawal of amend. ments.

Amendments to

proposed amend

ments.

X.

once only,

see p. 320.

consideration of a bill on report or of motions of an ex- Chapter
ceptional character1 relating to the business of the house.
For instance, in order to obtain freedom of discussion and
amendment on the consideration of the rules of procedure,
and of motions for ensuring the completion at a prescribed
time of the outstanding stages of a bill (see p. 342), the rule
that no member may speak twice to the same question, To speak
save in committee, has been relaxed, to enable members to
speak first on the main question, and then subsequently to
move amendments thereto.2 The convenience of the house
may also be consulted by the withdrawal of an amendment
(see p. 280), and, if permitted, by the substitution of another
the same in substance as the first, but omitting words to
which objections are entertained. An amendment may,
at any time, as is the case regarding a motion, be with-
drawn, and be subsequently again proposed (see p. 303).
On the 2nd May, 1882, an amendment was, by leave of With-
drawal of
the house, withdrawn, after the words of the original amend-
motion had been negatived, and the question had been ment and
proposed for adding the words of the amendment.5 An p. 280.
amendment, following the practice regarding a motion.
(see p. 280), cannot be withdrawn in the absence of the
member who moved it.

Another proceeding may also be resorted to, by which an
amendment is intercepted, as it were, before it is offered to
the house, in its original form, by moving to amend the first
proposed amendment. In such cases the questions put by

1 114 Parl. Deb. 4 s. 604.

17th Feb. 1879, 243 H. D. 3 s. 1336; 26th Feb. 1880, 250 ib. 1450; and in 1882, 274 ib. 46. 247. 252; Feb. 1887, 311 ib. 204. 207; 10th June, 1887, 315 ib. 1616-1619; 23rd Feb. 1888, 322 ib. 1252; 29th June, 1893, 14 Parl. Deb. 4 s. 366; 20th Feb. 1896, 37 ib. 717; 23rd Feb. 1899, 67 ib. 309; 11th Nov. 1902, 114 ib. 604; 159 C. J. 281; 160 ib. 293; 2nd April, 1906, 155 Parl. Deb. 4 s. 200. 217. In session 1902 a general discussion of the proposed new rules of procedure was

taken on a motion, "That the pro-
posals of the government on the
order paper relating to the pro-
cedure of the House be now con-
sidered," 102 Parl. Deb. 4 s. 548.
The consideration of sessional orders
is not exempted from the ordinary
rules of debate, 89 Parl. Deb. 4 s.
1317; 98 ib. 1550.

Mr. Duncombe's amendment
(Education), 22nd April, 1847, 91
H. D. 3 s. 1236; 16th June, 1893,
148 C. J. 360.

142 C. J. 111. 116.
5 Wigan writ, 137 ib. 172.

motion, see

« ÀÌÀü°è¼Ó »