Chapter referred to the standing orders committee.1 And in any XXVII. 94. case where the Examiner has made a special report "as S. O. 199, 3 orders committee. According to the usual practice of this committee, written Proceedstatements are prepared, on one side by the agent for the standing ings of the bill, and on the other by the agents for memorialists who have been heard by the Examiner. When these statements have been read by the committee, they determine whether the standing orders ought or ought not to be dispensed with, and whether "the parties should be permitted to proceed with their bill, and under what (if any) conditions." The parties are called in and acquainted with the determination of the committee, which is afterwards reported to the house. It is not usual to hear the parties,5 except for the explanation of any circumstances which are not sufficiently shown by the written statements. But in some inquiries of a special character which have been referred to the committee, they have heard agents and examined witnesses before they have agreed to their report. 1 In 1901 a special report made by the Examiner regarding a provisional order bill (originating in the Commons) which had been referred to him by that house after being reported from a committee, was referred to the standing orders committee, who reported that no standing orders not previously inquired into were applicable, 156 C. J. 302. 307. 318. 2 Cf. supra, p. 704, and standing order No. 78. 3 Great Grimsby Street Tramways Bill, 1900, 155 C. J. 64. 95. In 1900, in the case of a hybrid bill with regard to which the ex aminers had reported a non-com- As to the practice on this point Edinburgh and Perth Railway Bill, 1847, 102 C. J. 226. 293; and evidence printed at the expense of the Principles by which the stand committee are governed. XXVII. The committee, in their report to the house, do not explain Chapter the grounds of their determination: but the principles and ing orders general rules by which they are guided may be briefly stated. The report of the Examiner being conclusive as to the facts, it is the province of the committee to consider equitably, with reference to public interests and private rights, whether the bill should be permitted to proceed. If the promoters appear to have attempted any fraud upon the house, or to be chargeable with gross or wilful negligence, they will have forfeited all claim to a favourable consideration. But assuming them to have taken reasonable care in endeavouring to comply with the orders of the house, and that their errors have been the result of accident or inadvertence, not amounting to laches, their case will be considered according to its particular circumstances. The committee will then estimate the importance of the orders which have been violated, the character and number of separate instances of non-compliance, the extent to which public and private interests may be affected by such noncompliance, the importance and pressing nature of the bill itself, the absence of opposition, or other special circumstances. And, according to the general view which they Reports may take of the whole of the circumstances, the committee committee. Will report either that the standing orders ought not to be dispensed with; or that they ought to be dispensed with and parties be permitted (subject, or not subject, to any conStanding ditions) to proceed with their bill. In the latter event, pensed the house, by agreeing with the committee's resolution, with, and gives the parties leave to proceed; and where any conto parties ditions are specified in the committee's report, the necesto proceed. sary compliance with them is required to be proved, in ordinary cases, before the committee on the bill,1 or, in some special cases, before the Examiners.2 from the orders dis leave given parties; Edinburgh and Northern 1 109 C. J. 78; 159 ib. 38; &c. In the Bristol Tramways (Exten sions) Bill, 1904, compliance with Chapter orders not to be dis with. If the standing orders committee report that the standing Standing orders ought not to be dispensed with, their decision is generally acquiesced in by the promoters, and is fatal to pensed the bill. But in order to leave the question still open for consideration, the house agrees to those resolutions only which are favourable to the progress of bills, and pass no opinion upon the unfavourable reports, which are merely ordered to lie upon the table. standing house. Occasionally, exception has been taken to a decision of Decision of the standing orders committee, and the house has ordered orders that the case be referred back to them for consideration.1 committee objected to cases, the standing orders previously in the reported by the Examiner not to have been complied with, were taken to have been dispensed with; and unless any further breaches were discovered (102 C. J. 474), he reported that the standing orders had been complied with. In certain cases (Manchester and Southampton Railway Bill, 1847, 102 C. J. 220. 228. 269; Belfast and West of Ireland Railway Bill, and Bagenalstown, &c. Railway Bill, 1854, 109 C. J. 67. 133. 89. 120; South London Railway (No. 2) Bill, 1860, 115 C. J. 69. 94; Hastings Western Water Bill, 1861, 116 C. J. 92. 139; Southam Railway Bill, 1863, 118 C. J. 68. 102), where the promoters of a bill, without desiring to disturb the decision of the standing orders committee, still entertained hopes that the house might be induced to relax the standing orders, or were willing to abandon portions of their billor where there were special circumstances, such as the consent of all parties or the urgent necessity of the bill being passed in the current session-an alternative course was taken. The promoters deposited a petition, praying for leave to deposit another petition for a bill, and stating fully the grounds of their application; upon which the standing orders committee reported to the house whether, in their opinion, the parties should have leave to deposit a petition for a bill; and, unless such leave were refused (118 C. J. 68. 102), the petition for a bill was deposited in the Private Bill Office, and was examined and endorsed by the Examiner in the same manner as if it had been originally deposited at the prescribed time. But in such In the case of the West Riding Union Railway, 1846, the committee had decided that the standing orders ought not to be dispensed with but by a clerical error it was reported that the standing orders ought to be dispensed with, and a bill was ordered to be brought in. The report was referred back to the committee, and the subsequent proceedings declared null and void. The committee again decided that the standing orders ought not to be dispensed with, and so reported to the house but the promoters subsequently presented a petition for leave to present a petition for a bill, and their second bill ultimately received the royal assent (101 C. J. 176. 223. 252). In the case of the Liverpool Tramways Bill of 1867, notice being taken that a report of the standing orders committee was incorrect, it was referred back to them (122 C. J. 66). In the case of the Filey Gas and Water Bill, 1898 (24th March), a resolution of the Standing Orders Committee was referred back on the motion of the chairman of the committee, some misconception having arisen as to And reports XXVII. In the case of the Albert Station and Mid-London Rail- Chapter way Bill of 1863, the resolution of the committee, in which back to the they had refused to dispense with the standing orders, was referred committee. standing In 1886, in the case of the Felixstowe, Ipswich, and Mid- In other cases such motions, to refer back resolutions to the standing orders committee, have been made, and negatived.5 its meaning (55 Parl. Deb. 4 s. For a case in which the house 2 138 C. J. 87. 121. 129. 3125 C. J. 78. 106. 114. And cf. also 117 ib. 307.311 (Great Northern and Western, &c., Railway Bill, 1862); and 145 ib. 255. 267. (Richardson and Co. (Warrants) Bill, 1890). 4 141 C. J. 196. 205. And 142 ib. 234. 244. 255 (Peckham, &c., Tramways Bill, 1887. 140 C. J. 296; 160 ib. 177. Chapter duties of standing committee. 95.96. The proceedings of the standing orders committee in Other regard to reports from the Examiners will be again referred to, incidentally, when dealing with bills referred to the orders Examiners after introduction,1 and with petitions for addi- s. 0. 200, tional provision.2 Besides the Examiner's reports, however, there also stand referred to this committee all petitions which have been deposited in the Private Bill Office, praying that any of the sessional or standing orders of the house may be dispensed with-or that petitions for private bills, which have been struck off the General List by the Examiners, may be reinserted—and all petitions opposing the same; and the committee report their opinion upon. such petitions to the house. Other matters, also, are sometimes referred to the standing orders committee; and their duties in reference to clauses and amendments which may be referred to them, in accordance with standing order No. 216, will be noticed later (p. 834). from the duction of bills. There are some cases in which a departure is made from Departure the rules that govern the introduction of private bills. By ordinary standing order No. 193, as already stated,5 no private bill rules governing is to be brought into the house otherwise than upon a the intropetition duly deposited in accordance with the provisions private of that standing order and of standing order No. 32; and the manner (as just described) in which all private bills are to be presented is laid down by standing order No. 195 and 196. But in the case of certain bills promoted by L.C.C. bills. the London County Council, the petition for the bill is permitted under standing order No. 194в to be deposited, and the bill itself presented, at later dates than those prescribed in the case of private bills generally. "Hybrid" Hybrid and bills, which have already been described, and provisional order bills. 1 Infra, p. 728. 2 Infra, p. 726. 3 Cf. Supra, p. 698. In the case of the Blackrock, &c., Tramways Bill, 1882, petitions presented by certain parties (praying that the bill might be referred to the Examiner to inquire as to the legality of the sealed bill produced before him in the proof of compli 5 Supra, p. 693. S. 0.194B. provisional |
