Chapter The Appropriation Bill, see p. 593. solidated Fund, see p. 591. anticipa ation Bill. dated Fund Bills. Consolidated Fund bills.-Until a grant of supply has Issues in been appropriated by statute to the service and object for tion of the Part I. which the grant is destined, the treasury, unless otherwise Appropri authorized, is not capable of making an issue of the sum so granted from the Consolidated Fund. The introduction The Con- of the Appropriation Bill cannot, however, take place until all the grants have been voted for the service of the current year, a process usually ranging over the period of six months. A more prompt issue must therefore be made of the money granted from time to time for the current service of the Crown. Accordingly, from time to time bills are Consolipassed during each session, in pursuance of the provisions of the Exchequer and Audit Departments Act, 1866, and of the Public Accounts and Charges Act, 1891, s. 2, known as the Consolidated Fund bills, which empower the treasury to issue out of the Consolidated Fund, for the service of departments for which grants have been voted, such sums as they may require, in anticipation of the full statutory sanction conferred by the Appropriation Act. The first Consolidated Fund Bill of the session is passed during the month of March. It includes the supplementary grants for the service of the financial year that ends on the then approaching 31st March, together with any excess grants for the preceding financial year that have been agreed to; and this bill must receive the royal assent in time to allow of the necessary issues being made before the 31st March; Grants on and it is also a necessity that some amount of supply for the service of the ensuing financial year should be made available upon the 1st April.1 account, see p. 548. In session 1883 the only supply for the ensuing financial year on which the ways and means resolutions for the Consolidated Fund (No. 1) Bill could be based (see p. 591) was that for the army, while in 1889 no "vote on account" for the civil services and in 1905 no vote for the army had been agreed to before the introduction of the bill. Votes for each of the services not included in the supply upon which Procedure on money charges. XXII. Further Consolidated Fund bills are passed, during Chapter the progress of the session, at such times as may be requisite for the maintenance of the public service.1 Part I. of sums see p. 615. Regulations adopted by the Commons to enforce the royal control over public expenditure and revenue.-The Commons have faithfully maintained the duty and responsibility of the sovereign, and their own, regarding the custody of No increase public money and the imposition of charges upon the demanded, people, by standing orders framed especially for that purS.0.66-71, pose.2 Three of these standing orders, Nos. 66-68, Appendix I. were the first, and, for more than a century, were the only, standing orders ordained by the Commons for their selfgovernment; and the regulations prescribed by these Charges standing orders have been from time to time extended and applied.3 Under the practice thus established, every 726. motion which in any way creates a charge upon the S.0.66,70, public revenue, or upon the revenues of India, must receive Appendix I. the recommendation of the Crown, before it can be entertained by the house; and then, the recommendation having Charges not 1 153 C. J. 398; 156 ib. 282; 160 ib. 312. The amount of the "vote on account" granted since 1896 (see p. 549 n. 2) and the power of the treasury to use for any service for which a vote has been agreed to by the house, the issues authorized to be made out of the Consolidated Fund under the Consolidated Fund (No. 1) Act of each session have rendered unnecessary as a rule Consolidated Fund Bills after the 1st April in anticipation of the Appropriation Bill. See debates 30th June, 1904, and 27th March, 1905, 137 Parl. Deb. 4 s. 213; 143 ib. 1219. The re-opening of the committee of supply in 1902 necessitated a second Appropriation Act, 157 C. J. 493. 23 Hatsell, 241. The Imperial Diet of Japan, during the session of April, 1892, distinguished themselves by embodying in their procedure the principle of imperial control over the initiation of public expenditure. (Information sup imposed by private bills, see p. subject to plied by the courtesy of Mr. Kentaro royal Kaneko). recommen dation, see 3 The first grant of public money p. 598. proposed upon a formal recommendation of the Crown, took place on 5th March, 1706, when Mr. Secretary Harley informed the house that her Majesty had been made acquainted with a petition praying for a grant of 500,000l., presented by sufferers from the damage the French troops inflicted on the islands of St. Nevis and St. Christopher, during Feb. and March 1705, 15 C. J. 323. In the case of Lords Alcester and Wolseley, the grant of a pension was submitted to the House of Commons by a royal message (see p. 555). Whilst the house was acting upon the message, a change from a pension to an equivalent sum of money was thought desirable; and the grant of the sum of money was founded upon a resolution of a committee appointed upon the recommendation of the Crown, 138 ib. 217. XXII. Chapter been given, procedure on the motion must be adjourned to a future day, and be referred to the consideration of a committee of the whole house. Part I. Motions made with out notice, mendation signified. Unless the recommendation of the sovereign enjoined Recomby these standing orders be signified, in the manner men- of the tioned in the next paragraph, the Speaker cannot put the Crown question on a motion which comes within the scope of these standing orders. Accordingly, if any motion, or bill, or proceeding is offered to be moved, whether in the house or in a committee, which requires, but fails to receive, the recommendation of the Crown, it is the duty of the chair to announce that no question can be proposed upon the motion, or to direct the withdrawal of the bill. In like manner, after the question has been proposed on an amendment, and it has appeared that the amendment would vary the incidence of taxation or increase the charge upon the Consolidated Fund, the Speaker has declined to put the question. Procedure on legislation creating a public charge.-In pursuance of the standing orders which regulate the financial s. o. 66– 71, Appenprocedure of the house, committees of the whole house are dix I. appointed to sanction by their resolutions grants of public money, or the imposition of a charge upon the people. The committee is appointed, either before the commencement or after the close of public business, by a motion that 'this house will," on a future day, "resolve itself into a see p. 245. committee " to consider the matter specified in the motion, and at this stage no statement can be made. If satisfied The royal that the motion will receive the royal recommendation, the mendation. Speaker proposes the motion as a question from the chair, and thereupon a minister of the Crown or a privy councillor, signifies to the Speaker, and to the house, that the motion is recommended by the Crown; and the recommendation, and the name of the member who signified it, are recorded upon the journal of the house. 1 2 Hatsell, 168, n.; 59 C. J. 335; 63 ib. 266; 142 H. D. 3 s. 1302; 164 ib. 173. 997; 241 ib. 1591. 2 148 Parl. Deb. 4 s. 1515; 160 C. J. 303. 3149 Parl. Deb. 4 s. 1084. recom Clauses, &c., in italics. Postpone ment of reports of money XXII Part L Bills creating a charge.-When the main object of a bill Chapter is the creation of a public charge, resort must be had tothis procedure before the bill is introduced, and upon the report of the resolution of the committee of the whole house thereon the bill is ordered to be brought in.1 If the charge created by a bill is a subsidiary feature therein, resulting from the provisions it contains, the royal recommendation and preliminary committee are not needed in the first instance, and the bill is brought in on motion. But before the clauses and provisions creating such charges can be considered by a committee on the bill, a resolution sanctioning them must be passed by a committee of the whole house appointed upon the recommendation of the Crown, and must be agreed to by the house; 2 and in the presentation copies of the bill, the clauses and provisions which create these charges are printed in italics, to mark that they do not form part of the bill, and that see p. 489. no question can be proposed thereon, unless vitality has 3 Procedure on blanks, clauses mittees), been imparted to those provisions by a committee resolu- see p. 500. of See also p. 600. In deference to the usage expressed in standing order Procedure 1 19th April, 1800, Income Tax ib. 412; 113 ib. 31; Education and 2 When the scope of a clause ex- 3 Public Offices (Site and Approaches) Bill, 1865, 177 H. D. 3 s. 1308; 252 ib. 196. 533, &c. On an intimation from the Speaker, a bill on supply, p. 626. and ways reported to the house by a select and meanS committee containing a money reports, clause not printed in italics was recommitted to the committee to set the matter right, 98 C. J. 487. The house is not precluded from discussing on the second reading of the bill the clauses printed in italics, 24 Parl. Deb. 4 s. 185. 112 C. J. 393; 137 ib. 345; 138 ib. 234; 55 ib. 396; 111 ib. 371; 137 H. D. 3 s. 1897; 164 ib. 173; 191 ib. 1877. 5 123 C. J. 157; 191 H. D. 3 s. 1878. Chapter No. 71, that consideration of a charge upon the people Part I. journed" to a future day, the resolutions of the committees dation. Examples may be given of matters which need recom- Matters needing mendation from the Crown; namely, advances on the recommensecurity of public works, when funds in addition to the funds already available to such purposes must be provided to meet such advances; 3 advances to landlords or tenants beyond the scope and objects of the Public Works Loans Acts (see p. 568); bills relating to savings banks which create a charge upon the Consolidated Fund or other public liability; 5 the imposition of stamp duties by private or provisional order bills; 6 the extension of the time for the repayment of the deposit which has become liable to forfeiture in the case of a private bill the release or compounding of sums due to the Crown; the repeal of an exemption from an existing duty, as the burthen of the See also * 239 ib. 1419; on the 5th May, 8 stood, 148 C. J. 253. Exchequer bills for temporary relief, 1817, 72 C. J. 220; 57 Geo. III. c. 34. • Distress (Ireland) Compensation for Disturbance Bill, sess. 1880. 5 108 C. J. 558; 118 ib. 55; 130 ib. 1791. • 132 ib. 180; 133 ib. 106; 135 ib. 95. 187; 146 ib. 353; 153 ib. 239; 155 ib. 122; 159 ib. 157. 140 ib. 149. 169. 184; 145 ib. 257. 875 ib. 152. 167; 98 ib. 52. To a clause about to be proposed for that purpose in committee on a bill, 20th June, 1861, 116 ib. 285. |
