Hybrid bills in committee. Provisional order bills. Report. The proceedings of committees upon "hybrid bills" are generally similar to those of private bill committees; and since 1871, they have had the same power of examining witnesses upon oath. Such committees consist of members nominated partly by the house, and partly by the committee, of selection. The relaxation of the privileges of the Commons, in regard to tolls and charges, does not extend to such bills, but only to bills to confirm provisional orders or certificates, which may now be freely introduced into the House of Lords.2 Petitioners heard against such bills are charged with the fees of the house. Bills for confirming provisional orders and certificates, if unopposed, are passed through all their stages, like public bills, and are considered in committees of the whole house; but if after the second reading, petitions are presented praying to be heard against them, the order for the committee of the whole house is discharged, and the bill committed, so far as relates to the places concerned in the petitions, to the committee of selection, or to the general committee on railway and canal bills, by whom a committee is appointed, as in the case of a private bill.3 If the bill has already passed through a committee of the whole house, it is recommitted to a select committee to be appointed in the same manner.* The proceedings of the select committee to which the bill is referred, and of the referees, are to be conducted as in the case of private bills, and are subject to the same rules and orders, so far as they are applicable, except those which relate to the payment of fees by the promoters. In some cases the committee have decided not to confirm the provisional order, and have awarded costs.5 When the report has been made out and agreed to by the committee, the committee clerk delivers in to the Private Bill Office "the committee bill," being a printed copy of the bill, 1 130 Com. J. 216; 131 Ib. 705. 2 River Lee Conservancy Bill, 1868; and see supra, p. 758. 3 129 Com. J. 286; 130 Ib. 155; 131 Ib. 176; 133 Ib. 246. 4 129 Ib. 345. 5 133 Ib. 258. with the written amendments made by the committee; with every clause added by the committee regularly marked in drawn or after report. those parts of the bill in which they are to be inserted. In Amended bill strict conformity with this authenticated copy, the bill, as and delivered. to be printed; amended by the committee, is required by the Standing Orders to be printed at the expense of the parties. When printed, they must be delivered to the doorkeepers, three clear days at least before the consideration of the bill: but it may not be delivered before the report of the bill has been made to the house; and agents, when they give notice at the Private Bill Office, of the day for the consideration of the bill, must produce a certificate from the doorkeeper of the delivery of the amended printed bill on the proper day.1 In some cases the alterations made by the committee have Bills withbeen so numerous and important, as almost to constitute the referred to bill a different measure from that originally brought before examiner the house. In such cases the house has sometimes required the bill to be withdrawn, and another bill presented, which has been referred to the examiners. Thus, on the 21st May 1849, on the report of the Holme Reservoirs Bill, notice being taken that almost the whole of the bill as brought in had been omitted, and a new set of clauses introduced, the bill was ordered to be withdrawn:2 but, unless the case be one of great irregularity, the later and better practice has been to refer the bill, as amended, "to the examiners, to inquire whether the amendments involve any infraction of the Standing Orders." If the examiner report that there is no infraction of the Standing Orders, the bill proceeds. without further interruption: but if he report that there has been such an infraction, his report, together with the bill, will be referred to the Standing Orders Committee. In 1876, the Toll Bridges (River Thames) Bill,-a hybrid 1 Order of the Clerk of the House, 30th March 1844. 2 104 Com. J. 320. 453. 3 River Dee Conservancy; Belfast Improvement; Lee River Trust Bills, 1850; 105 Com. J. 446. 481. 485; Whitechapel Improvement Bill, 1853; Report to lie upon the table. Interval between report bill,-underwent so many important alterations in committee as to be substantially a new bill, and its opponents urged that it ought to be withdrawn. But the second reading of the bill had been postponed, while a select committee was considering the whole subject-matter of the bill; and when that committee had reported, the bill was read a second time and committed; and the report of the committee, together with other reports upon the same subject, was referred to the committee on the bill. These proceedings were regarded by the committee as in the nature of an instruction, and amendments had therefore been made, of a comprehensive character, founded upon previous inquiries and recommendations. Under these exceptional circumstances, the Speaker suggested that the house would probably consider that the committee had not so far exceeded its powers as to require the withdrawal of the bill. But as private rights and interests were concerned in the bill, and in the amendments made by the committee, he recommended that it should be referred to the examiners. This was accordingly done: and though it appeared that in respect of some of the amendments the Standing Orders had not been complied with, the Standing Orders Committee reported that they ought to be dispensed with; and the bill was allowed to proceed through all its further stages.1 The report of the bill is ordered to lie upon the table, and the bill, if amended in committee, or a railway or tramway bill, is ordered to lie upon the table; and every other bill, when reported, is ordered to be read a third time. The bill reported to the house is a duplicate copy of the committee bill, including all the amendments and clauses as agreed to by the committee. In 1882, the minutes of proceedings of the committee on the Regent's Canal and Railway Bill were ordered to be printed.2 In the case of private bills ordered to lie upon the table, and consider three clear days are required to intervene between the report ation of bill. 1 131 Com. J. 354, &c.; 230 Hans. Deb. 3rd Ser. 1679; Mr. Speaker Brand's Note-Book. 2 137 Com. J. 254. Bill as amended to be laid before chairman of and the consideration of the bill. And three clear days, at ways and sideration of One clear day's notice, in writing, is required to be given Notice of conby the agent for the bill, to the clerks in the Private Bill bill. Office, of the day proposed for the consideration of every private bill ordered to lie upon the table. of bill; amendments. ferred to When it is intended by the promoters or opponents to Consideration bring up any clause, or to propose any amendment on the clauses and consideration of any bill ordered to lie upon the table, or any verbal amendment, on the third reading,' notice is to be given, in the Private Bill Office, one clear day previously. No clause or amendment may then be offered, unless the When rechairman of ways and means have informed the house, or Standing signified in writing to Mr. Speaker, whether, in his opinion, Orders Comit be such as ought (or ought not) to be entertained by the house, without referring it to the Standing Orders Committee. And the clause or amendment, when offered by a party Clauses or promoting or opposing a bill, is to be printed; and when to be printed. any clause is proposed to be amended, it is to be printed in extenso, with every addition or substitution in different type, and the omissions therefrom in brackets, and underlined. And on the day on which notice is given, the clause or amendment is to be laid before the chairman of ways and means, and the counsel to Mr. Speaker. But if any clause or amendment be proposed by a member, independently of the parties concerned in the bill, he may either give notice in the Votes, as in the case of a public bill, or in the Private Bill Office. amendments If a clause or amendment be referred to the Standing Report of Standing Orders Committee, there can be no further proceeding until Orders Comthe report has been brought up. When the clause or amend- mittee. 1 112 Com. J. 215. 275. 2 The expense of printing is borne by the party offering the clause or Clauses and amendments. Recommitment. Notice of committee. Entry of amendments on report or and Lords' ment has been offered on the consideration of the bill, they report whether it should be adopted by the house or not, or whether the bill should be recommitted. If a verbal amendment be offered on the third reading, they merely report whether it ought (or ought not) to be adopted by the house at that stage. On the consideration of the bill, the house may, subject to the preliminary proceedings already described, introduce new clauses or amendments, or the bill may be recommitted, or ordered to be considered on a future day. If any clause or amendment be opposed, its consideration is adjourned until the next sitting of the house. When bills are recommitted, they are referred to the former committee; and no member can then sit, unless he had been duly qualified to serve upon the original committee on the bill, or be added by the house.1 In the case of a recommitted bill, two has sometimes been the quorum.2 Unless the bill be recommitted by the house, with express reference to particular provisions, the whole bill is open to reconsideration, in committee. One clear day's notice is to be given by the committee clerk, of the meeting of the committee; and a filled-up bill, as proposed to be submitted to the committee, on recommittal, is to be deposited by the agent in the Private Bill Office, two clear days before the meeting of the committee. When amendments are made by the house on the consideration of a bill, or verbal amendments on the third third reading; reading, and when Lords' amendments have been agreed to, amendments. they are entered by one of the clerks in the Private Bill Office, upon the printed copy of the bill, as amended in committee. That copy is signed by the clerk, as amended, and preserved in the office. Notice of One clear day's notice, in writing, is required to be given third reading. by the agent for the bill, to the clerks in the Private Bill 1 Warrington and Altrincham Railway Bill, 1853; 108 Com. J. 698. 2 Cleobury, North, &c. District Roads, 1856; 111 Com. J. 256. |
