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select committees by ballot.1 Tbere are also sessional chapter

XV

committees appointed by the Lords at the commencement '.

of every session, viz. the committee of privileges, the sub-
committee for the journals, the appeal committee, the
standing order committee, and the House of Lords offices
committee.

sittings By standing orders Nos. 54-56, any of the lords of the Presence oj
ceedfnp in committee speaks to the rest uncovered, but may sit still stran°ers,
the Lords, jf he pleases; and the committees are attended by such p-408-
judges or learned counsel as are appointed, who are not to
sit there or be covered, unless it be out of favour for
infirmity.

A select committee of the House of Lords may sit, notwithstanding any adjournment of the house, without special leave.

Witnesses, The Lords do not give select committees authority to send Witnesses

how sum i i an'i ■"<""'"'

moned in «>r witnesses or documentary evidence, nor have the com- ment, see the Lords. mittee any such power: but parties are ordinarily served p'424" with a notice from the clerk attending the committee, that their attendance is requested on a certain day, to be examined before the committee. Until recently, such witnesses were required, previously to their examination, to be sworn at the bar of the house; but by the 21 & 22 Vict. c. 78, a committee of the House of Lords may administer an oath to the witnesses examined before them. Where a positive order is thought necessary to enforce the attendance of a witness, or the production of documents, it emanates from the house itself. A select committee upon a bill cannot examine witnesses, except by order of the house. It is usual to give a Lords' committee power to appoint their own chairman: but when no such power is given, the chairman of committee (though not named as a member) is the chairman, by virtue of his office. Minates of Pursuant to resolutions of the 25th June and 7th DeonTofdT*5 cemDer» 1852, in effect the same as the Commons' standing com- orderB Nos. 59. 60. and 61, a record is made on the minutes

mittees.

of the proceedings of the select committees of the House

1 16 L. J. 758; 22 ib. 116; 40 ib. 198.

Chapter of Lords, of the names of lords who put questions to wit'_ nesses, who are present at each sitting, and who take part in a division.

The chairman of a Lords' committee votes, like the Appointment, conother members, but has no casting vote (see p. 411). stitution,

The constitution of the select committees of the House of

Commons is regulated by standing orders Nos. 55-62, CommonB

which make provision respecting the number of members s. o. 55

For nomi- placed upon the committees, for their attendance, for the jAppen"

•f/'Tcom- publication of their names on the notice paper of the

motion at U8e> ana uPon *ae niinutea of proceedings, and require

commence- that due previous notice shall be given of motions for the

merit of

public busi- nomination of members on select committees. Notice also ness, see p. mugj. ^e given 0f a motion for discharge of a member

therefrom.

In compliance with these orders, a select committee is Appomt

ment of

usually confined to fifteen members: but if from any members,
special circumstances a larger number should be thought
necessary, the house will, upon notice previously given (see
p. 246), order that the committee do consist of a certain
other number.1

Matters of A committee upon a matter of privilege may be Commit-
ieTp^lm appointed and nominated forthwith without notice; such matters of
a committee having been held not to be governed by PriTlle«e-
any of the orders applicable to the appointment and
nomination of other select committees.2
The nomination of select committees has in special Nomina-

tion of

cases been entrusted by the order of the house to SOUrceS select comother than its own decision.8 For instance, the house has TMh^wise

. than by

1 Of twenty-one members (Civil « 112 ib. 232; 146 H. D. 3 s. 97 ' the house Bills (Ireland) BiU, 1851), 106 C. J. 118 C. J. 68; 148 H. D. 3 s. 1855- itself218; of thirty-one members (Indian 1867; 143 C. J. 484. Territories, 1852), 107 ib. 168; of * Until the surrender by the Cornthirty members (Leasing Powers, mons of their judicature over oon&c. (Ireland) Bills), 108 ib. 284; of tested elections put an end to the twenty-three members (Merchant general committee on elections, the Ships), 135 ib. 84; of twenty-seven nomination of committees was occamembers (Merchant Shipping), ib. sionally entrusted to that body. 180; Railway Rates, and Agricul- Stanford, Derby, and Sligo Electural Tenants Compensation Bills, tions, 103 lb. 555; 108 ib. 158; 1882, 137 ib. 21. 376, <fcc. 109 ib. 52; Mr. Stonor's case, 1854,

Motion for discharge of members

nominated by committee of selection.

appointed certain committees by ballot;1 or baa named
two members, and appointed tbe rest of tbe committee by
ballot;2 or, having cbosen twenty-one names by ballot, bas
permitted eacb of two members nominated by tbe house to
strike off four from that number.8 Tbe bouse habitually
resorts to the committee of selection, for the partial nomi-
nation of the members of committees on hybrid bills (see
p. 468) and occasionally also for tbe nomination, wholly or
partially, of other select committees.4 When the house has
delegated this duty to the committee of selection, no notice
of motion, either for the discharge of a member nominated
by that committee or for the substitution of another member
in his place, is permissible, unless such motion is given
under authority from the committee of selection.5 Members
have also been nominated to serve on a committee to
examine witnesses, without the power of voting,6 or to

Chapter

Committet of Selection, see p. 745.

For nomination of committees on hybrid bills, see p. 469.

Police, fc, committee, see p. 751.

109 C. J. 182; Education (Inspectors'
Reports), 1864, 119 ib. 281; Leeds
bankruptcy court, 1865, 120 ib.
812. See also letter in Mr. Speaker
Denison's Diary, p. 87, on proposal
that the Speaker should nominate a
select committee.

1 Secret committees: 41 L. J. 96.
113 (Bank); 42 ib. 176 (Treasonable
Conspiracy in Ireland); 48 ib. 97
(Suspension of Habeas Corpus); 56
0. J. 259 (State of Ireland); 67 ib.
492 (State of Counties); 74 ib. 64
(Bank); on the state of the country
(Lords), 6th Feb. 1818, 87 H. D.
155; see also 3 Lord Colchester's
Diary, 87.

"88 C. J. 144. 467, &c.

'Ib. 160. 476,

4 The select committees on the Passing Tolls Bill of session 1857 and the Metropolis Local Management Bill of session 1860 were nominated by the committee of selection, 112 ib. 48; 115 ib. 304. The seleot committee on Mail Contracts of session 1869 consisted of seven members, five of whom were nominated by the committee of selection and two by the house, 124 ib. 85. The select committee on the

Contagious Diseases Acts of session
1880 consisted of ten members
nominated by the house with five
nominated by the committee of
selection, 135 ib. 47. In session
1883 the nomination of five members
to serve on the joint committee on
the Channel Tunnel was referred by
the house to the committee of selec-
tion, 138 ib. 143; and the committee
on the London Corporation (Charges
of Malversation) of session 1887 con-
sisted of five members nominated by
the committee of selection, 142 ib.
108. The nomination of the ordinary
committees and of specially con-
stituted select committees upon
private bills is described infrd pp.
746, 749.

» 4th April, 1892, 8 Pari. Deb. 4
s. 552.

11 Carlow Election, 91 C. J. 42; Mr. Stonor's case, 109 ib. 232; Education (Inspectors' Reports), 119 ib. 281; Leeds bankruptcy court, 120 ib. 812; London Corporation (Charges of Malversation), 142 ib. 108. In this case these members had the power to propose, as well as to examine witnesses.

Chapter serve on a committee, and to take part in its proceedings, xv' but without the power of voting.1 In the nomination of members to serve on select committees, and on select committees to whom hybrid bills (see p. 469) or private bills (see p. 750) may be referred, neither the house, nor the committee of selection, are bound to consider whether members are personally interested in the matter or bill referred to the committee, and no objection can be raised in this respect to the constitution of the committee.

Sessional committees also are appointed, such as the Sessional committee of public accounts under standing order No. 75 mittees. (see p. 597); the committees on standing orders (see p. 716) and public petitions (see p. 584), the committee of selection (see p. 745), the general committee on railway and canal bills (see p. 745), the committee on police and sanitary bills (see p. 751), and the kitchen and refreshment-rooms committee.

Pursuant to standing orders Nos. 55 and 57, the nomi- Members nation of members on a committee, or the substitution discharged, of members for those who have been nominated thereon, Jppencuii and proposals to increase the number of a committee beyond fifteen, or such other number as the house may have agreed upon, cannot be moved, except upon previous notice. Previous notice also is required of a motion to discharge a member from attendance on a committee.2 Lords' Upon a matter of privilege, or to fulfil the orders or Privilege, menu, the intention of the house, committees are appointed and"

pP nominated forthwith without notice (see p. 245). 508- The number that shall form the quorum of a committee Quorum,

is ordered by the house. Where no quorum is named, it is
necessary for all the members of the committee to attend.
In cases of an inquiry partaking of a judicial character,
the house has named a quorum of five, but at the same
time ordered the committee to report the absence of any
member on two consecutive days;3 or, when such an investi-
gation has been undertaken by a committee of five members,

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no quorum has been fixed by the house.1 Three are chapter

generally a quorum in committees of the upper house, and xv'

in the Commons the usual number is five when the number
of the committee is fifteen and upwards:2 but three are
sometimes allowed,8 and occasionally seven,1 or nine,5 or any
other number which the house may please to direct. Late
in the session, the original quorum of a committee is some-
times reduced.6 Where a quorum is prescribed by a stand-
ing order, the order is suspended before the quorum is
reduced.7

8. o. 62. A committee cannot proceed to business without a
Appendu . qUOrum> an(^ poj-guant to standing order No. 62, the clerk
of the committee calls the attention of the chairman to the
absence of a quorum, who thereupon suspends the pro-
ceedings of the committee until a quorum be present, or
adjourns the committee; and a standing committee is
adjourned in like manner.

The Income and Property Tax committee was instructed to report the evidence of a witness, although given when its quorum was incomplete.8 Power to As the object of select committees is usually to take Summons to ipenon" evidence, the House of Commons, when necessary, gives Te'e'p*424. ?eacPordi.aDd them "Power to send for persons, papers, and records." %TM"^f Jf that power be not given, the documents that may be vitnestei, laid before the committee are handed in by the chairman. AdminisTJnder the power to send for persons, &c, witnesses may °* be summoned by an order, signed by the chairman, and must bring all documents that will be required for the use of the committee. If the order iB neglected or disobeyed, the matter is reported to the house, and an offender is

1 See cases in vols. C. 3.109.119. 112 ib. 374.

120, cited in note 6, p. 404. 6 106 ib. 279; 116 ib. 291; 127 ib.

8 Tbe committee on Moorad's 219; 128 ib. 361.

claim, sess. 1858, consisted of seven, 'Public Accounts committee, 123

and the quorum was five, ib. 91; 124 ib. 340, &c. Standing

• 111 C. J. 8. 12; 120 ib. 46. orders committee, 149 ib. 278; 152
1 Army before Sebastopol, 1855, ib. 302, &c. For these motions, in-

110 ib. 87: 126 ib. 40; 126 ib. 61, volving the suspension of a standing

Ac. order, notice is necessary, see p. 148.

• Committee of privileges, 1854, • 28th May, 1852,107 ib. 254. 109 ib. 75; oaths of members, 1857,

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