Chapter In the case of a bill originating in the Commons this practice is greatly for the convenience of promoters. It enables them to give effect, during the progress of their bill through that house, to the observations of the Lords' Chairman and his Counsel; and, unless the bill be opposed, its subsequent progress through the House of Lords is at once easy and expeditious owing to the facilities thus afforded, before the bill has passed the Commons, of securing the insertion of amendments suggested by the authorities in the Lords. Another advantage of this mode of amending the bill, whilst it is still in the Commons, is that amendments may then be conveniently introduced, which could not be made by the Lords without infringing the privileges of the Commons. the Chair Means and Speaker's For many years after this supervision of private bills and (b) by had been instituted in the Lords, the House of Commons, man of relying upon the aid which its legislation received from the Ways and other house, did not adopt any similar arrangement of its the own: but, as private business increased in importance, the Counsel. house gradually entrusted to the Chairman of Ways and Means many duties analogous to those performed by the Chairman of Committees in the House of Lords; and he is now charged with the supervision of all private bills. Under standing order No. 80 of the House of Commons, it s. 0.80 (H. C.). is his duty, with the assistance of the Counsel to Mr. Speaker,1 to examine all such bills, whether opposed or unopposed, and to call the attention of the house, and also of the chairman of the committee on every opposed private bill, to all points which may appear to him to require it. To facilitate this examination, copies of every bill as originally deposited are required to be laid before him and Mr. 1 This officer was originally appointed to assist Mr. Speaker generally in any legal questions coming before him and to discharge certain other duties in accordance with the Report of a Select Committee of 1838. But it was not until 1851, as a result of another select committee in that year, that he was regularly associated with the Chair- 86, 215, XXVI. Speaker's Counsel not later than the day after the Ex- Chapter aminer of Petitions shall have indorsed the petition for the bill. And copies of every bill, and of amendments made or proposed to be made in it, are also required under standing orders Nos. 82, 84, 85, and 86, to be laid before him and the Speaker's Counsel, at S. 0.81 various later stages in its progress. The Chairman's 216 (H.C.). duties and powers under these and other standing orders (Nos. 81, 83, 215, and 216) will be noticed when these later stages are described. His preliminary duty under standing order No. 79, in determining the house in which each private bill shall originate, is all that need be noted here. Formerly, by far the greater number of private bills were tween the necessarily introduced first in the House of Commons; as, two houses by the privileges of the Commons, every bill which involves troduction. any pecuniary charge or burthen on the people, by way of S. 0.79 (H. C.). Division of bills be before in S. O. 226 (H. C.). tax, rate, toll, or duty, ought to be first brought into that 1 This resolution has been held to extend to turnpike, harbour, drainage, and other similar bills (Cf. Reading and Hatfield Road Bill, 1858; Wexford Harbour Bill, 1861; Melton Mowbray Navigation Bill, 1877; Dearne Valley Water Bill, 1880); but not to "hybrid" bills (cf. Lee River Conservancy Bill, 1868). And it has been ruled not to extend to clauses in an improvement bill, which proposed to impose a tax upon all insurance companies having policies upon houses within the borough. On the 8th May, 1873, the Speaker called attention XXVI. Chapter for many bills to be introduced into the Lords which would formerly have had to be brought first into the Commons; and Parliament is now able to ensure a more equal distribution, between the two houses, of the private business of the session. Under the division annually made by the two Chairmen and their Counsel, the private bills proposed to be introduced are now divided, therefore, as equally as possible between the two houses. And it is usually arranged that bills relating to the Metropolis or to the release of parliamentary deposits forfeited to the Crown, and the majority of bills relating to police and sanitary regulations, should originate in the Commons: that bills, on the other hand, which deal with the financial affairs of public companies, or with patents, should be first considered in the House of Lords:1 that competing bills should be introduced in one and the same house so as to be considered together; and, generally, that all the bills should, as far as possible, be allocated with a view to convenience of handling. The persons by whom the promotion of private bills, and the conduct of proceedings upon petitions against such bills, are actually carried out, are parliamentary agents; and the conference between the two Chairmen or their Counsel in January is attended by the agents concerned in the bills proposed to be introduced into either house. Upon all parliamentary agents various duties and re- Parliamentary sponsibilities are imposed by the orders of both houses; Agents. and in both houses the following rules are to be observed by the officers of the house, and "by all parliamentary agents and solicitors engaged in prosecuting proceedings in the House upon any petition or bill." 2 1. "No person shall be allowed to act as a parliamentary agent Declarauntil he shall have subscribed a declaration before one of the clerks in tion and 1 Name, Estate, and other "Personal" bills originate in the Lords. Cf. infra, p. 839, and Chapter XXIX. These rules were originally laid down by the Speaker by authority of the Commons-in 1837 (92 C. J. 113; and 91 ib. 819). They have subsequently been revised, and they recogni zance. Form. XXVI. the Private Bill Office, engaging to observe and obey the rules, Chapter 2. "The declaration before mentioned, and the recognizance and scribe declara tion, &c. No person 4. "No person shall be allowed to be registered as a parliamentary to be regis- agent, unless he is actually employed in promoting or opposing some private bill or petition pending in Parliament." tered unless actually employed. Applica tion to act as Parliamentary agent. name on 5. "When any person (not being a solicitor, or writer to the signet) No person Appearance to be entered upon bills. Appearance to be entered on petitions against bills. One agent only to appear and 7. "No notice shall be received in the Private Bill Office for any proceeding upon a petition or bill, until an appearance to act as the parliamentary agent upon the same shall have been entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor (if any) for such petition or bill." 8. " Before any person desiring to appear by a parliamentary agent shall be allowed to appear or be heard upon any petition against a bill, an appearance to act as the parliamentary agent upon the same shall be entered in the Private Bill Office; in which appearance shall also be specified the name of the solicitor, and of the counsel who appear in support of any such petition (if any counsel or solicitor are then engaged), and a certificate of such appearance shall be delivered to the parliamentary agent, to be produced to the committee clerk."1 9. "Except in cases where a bill is promoted or a petition is presented 1 See infra, pp. 787 and 806. on behalf Chapter by two or more companies bodies or persons separately interested, one be heard XXVI. parliamentary agent or firm of agents only shall be allowed to appear of proand to be heard in the proceedings on the bill on behalf of the pro- moters or moters or the petitioners." petitioners. appearance 10. "In case the parliamentary agent for any petition or bill shall A fresh be displaced by the solicitor thereof, or such parliamentary agent shall on change decline to act, the responsibility of such agent shall cease upon a notice of parliabeing given in the Private Bill Office, and a fresh appearance shall be mentary entered upon such petition or bill." agent. No state ment to be 11. "No written or printed statement relating to any private bill shall be circulated within the precincts of the House of Commons circulated [Lords] without the name of a parliamentary agent attached to it, who without will be held responsible for its accuracy." 12. " name of parliamen The sanction of the Chairman of Ways and Means [in the tary agent. Lords of the Chairman of Committees] in writing is required to Sanction to every notice of a motion prepared by a parliamentary agent, for notice for dispensing dispensing with any sessional or standing order of the house." with 13. "A parliamentary agent shall not divide with or pay to any orders. client, or any solicitor, clerk, officer, or servant of any client, any Agents not moneys which the agent at any time receives in respect of his costs to divide charges and expenses in promoting opposing or otherwise dealing with commisany bill or Provisional Order, or give any commission or gratuity to sions. any person in respect of his employment as a parliamentary agent." fees or pay responsible. 14. "Every parliamentary agent and solicitor conducting proceedings Agents in Parliament before the House of Commons [Lords] shall be personally personally responsible to the house, and to the Speaker [in the Lords: the Chairman of Committees], for the observance of the rules, orders, and practice of Parliament, as well as of any rules which may from time to time be prescribed by the Speaker [the Chairman of Committees], and also for the payment of the fees and charges due and payable under the standing orders." miscon 15. "Any parliamentary agent who shall wilfully act in violation of Speaker the rules and practice of Parliament, or of any rules to be prescribed may, on by the Speaker [in the Lords: by the Chairman of Committees], or duct, prowho shall be guilty of professional misconduct of any kind as a hibit agent from pracparliamentary agent, shall be liable to an absolute or temporary pro- tising. hibition to practise as a parliamentary agent, at the pleasure of the Speaker [the Chairman of Committees]: provided that upon the application of the parliamentary agent, the Speaker [the Chairman of Committees] shall state in writing the grounds for the prohibition." who has been sus 16. "No person who has been suspended or prohibited from practis- No person ing as a parliamentary agent, or struck off the roll of solicitors, or disbarred by any of the inns of court, shall be allowed to be registered pended, as a parliamentary agent, without the express authority of the &c., to act as parliaSpeaker [in the Lords: of the Chairman of Committees]." mentary agent. The name, description, and place of residence of the par- Registry liamentary agent in town, and of the agent in the country of agents. |