[292:1]Lecky attributed what he called "the enormous and portentous development of parliamentary speaking" partly to the scenes of violence and obstruction, which have weakened both the respect for the House and the timidity that imposed a restraint on idle speech; partly to the growth of the provincial press which reports members in full in their own constituencies; and partly to the vast increase in stump oratory which has given nearly all members a fatal facility. ("Democracy and Liberty," I., 146-47.) A traveller is struck both by the universal fluency, and by the ephemeral character, of public speaking in England, at the present day.
[292:1]Lecky attributed what he called "the enormous and portentous development of parliamentary speaking" partly to the scenes of violence and obstruction, which have weakened both the respect for the House and the timidity that imposed a restraint on idle speech; partly to the growth of the provincial press which reports members in full in their own constituencies; and partly to the vast increase in stump oratory which has given nearly all members a fatal facility. ("Democracy and Liberty," I., 146-47.) A traveller is struck both by the universal fluency, and by the ephemeral character, of public speaking in England, at the present day.
[293:1]Hans. 3 Ser. CCLVII., 1141-42.
[293:1]Hans. 3 Ser. CCLVII., 1141-42.
[293:2]Hans. 3 Ser. CCLXVI., 2032-33.
[293:2]Hans. 3 Ser. CCLXVI., 2032-33.
[293:3]Morley, "Life of Gladstone," III., 52-53.
[293:3]Morley, "Life of Gladstone," III., 52-53.
[294:1]Hans. 3 Ser. CCLVIII., 155-56.
[294:1]Hans. 3 Ser. CCLVIII., 155-56.
[294:2]Ibid., 435-38, 1070-71, 1343-44; CCLIX., 888-90; also published in Com. Papers, 1881, LXXIV., 1-9.
[294:2]Ibid., 435-38, 1070-71, 1343-44; CCLIX., 888-90; also published in Com. Papers, 1881, LXXIV., 1-9.
[294:3]Such as that debate on dilatory motions should be confined to the motion; that the House should go in and out of committee without question put; that divisions frivolously claimed, and dilatory motions made for delay might be refused by the chair; and most striking of all, a provision for stopping debate altogether upon a certain stage of a bill by putting all outstanding amendments and clauses at a fixed time—a shadow of the future guillotine. This process was, indeed, employed by Mr. Gladstone to pass two Irish bills in that very session.
[294:3]Such as that debate on dilatory motions should be confined to the motion; that the House should go in and out of committee without question put; that divisions frivolously claimed, and dilatory motions made for delay might be refused by the chair; and most striking of all, a provision for stopping debate altogether upon a certain stage of a bill by putting all outstanding amendments and clauses at a fixed time—a shadow of the future guillotine. This process was, indeed, employed by Mr. Gladstone to pass two Irish bills in that very session.
[295:1]A number of new rules were added at this time, and the standing orders were rearranged and put into their present sequence. Com. Papers, 1882, LII., 139, 243. The standing order on this subject became No. 14.
[295:1]A number of new rules were added at this time, and the standing orders were rearranged and put into their present sequence. Com. Papers, 1882, LII., 139, 243. The standing order on this subject became No. 14.
[295:2]The Standing Order of 1882 was not repealed until 1888.
[295:2]The Standing Order of 1882 was not repealed until 1888.
[295:3]In the same way a motion may be made to put forthwith the question that certain words stand part of a clause, or that a clause stand part of the bill, and this cuts off summarily all amendments to those words or that clause. These standing orders are now Nos. 26 and 27.
[295:3]In the same way a motion may be made to put forthwith the question that certain words stand part of a clause, or that a clause stand part of the bill, and this cuts off summarily all amendments to those words or that clause. These standing orders are now Nos. 26 and 27.
[296:1]Owing partly to the extension of an automatic form of closure, to be explained hereafter, the applications in 1903 fell to thirteen.
[296:1]Owing partly to the extension of an automatic form of closure, to be explained hereafter, the applications in 1903 fell to thirteen.
[296:2]From 1887 to 1905, inclusive, the closure was moved by private members 517 times, and consent was refused in 178 of these cases. The proportion of refusals is almost uniform throughout the period, rather increasing during the last few years.Closure has failed for lack of 100 affirmative votes only once in the last ten years. That was in 1905.
[296:2]From 1887 to 1905, inclusive, the closure was moved by private members 517 times, and consent was refused in 178 of these cases. The proportion of refusals is almost uniform throughout the period, rather increasing during the last few years.
Closure has failed for lack of 100 affirmative votes only once in the last ten years. That was in 1905.
[296:3]From 1887 to 1896, inclusive, the closure was moved by the government 313 times, and consent was withheld in 52 of these cases. From 1897 to 1905 it was so moved 338 times, but consent was withheld only 23 times.
[296:3]From 1887 to 1896, inclusive, the closure was moved by the government 313 times, and consent was withheld in 52 of these cases. From 1897 to 1905 it was so moved 338 times, but consent was withheld only 23 times.
[297:1]Cf.Palgrave, "The House of Commons," Ed. of 1878, 41-42.
[297:1]Cf.Palgrave, "The House of Commons," Ed. of 1878, 41-42.
[297:2]Now S.O. 1 (4).
[297:2]Now S.O. 1 (4).
[297:3]It is commonly stated that closure cannot be used in a standing committee, (Ilbert, "Manual," §§ 80, note, 135 note); but it was done on July 12, 1901, in the Standing Committee on Law; and although the persons aggrieved stated that they should bring the matter to the attention of the House, they did not feel confidence enough in their case to do so. (SeeThe Times, July 17, 1901, and the Political Notes in the number for July 13. Curiously enough the incident is not mentioned in the report of the meeting of the committee in that number.) For other statements of its use in a standing committee,cf.2d Rep. of Sel. Com. on House of Commons (Procedure), May 25, 1906, Qs. 418, 420.Since this was written closure in standing committees has been sanctioned by a change in the standing orders; twenty affirmative votes being required.
[297:3]It is commonly stated that closure cannot be used in a standing committee, (Ilbert, "Manual," §§ 80, note, 135 note); but it was done on July 12, 1901, in the Standing Committee on Law; and although the persons aggrieved stated that they should bring the matter to the attention of the House, they did not feel confidence enough in their case to do so. (SeeThe Times, July 17, 1901, and the Political Notes in the number for July 13. Curiously enough the incident is not mentioned in the report of the meeting of the committee in that number.) For other statements of its use in a standing committee,cf.2d Rep. of Sel. Com. on House of Commons (Procedure), May 25, 1906, Qs. 418, 420.
Since this was written closure in standing committees has been sanctioned by a change in the standing orders; twenty affirmative votes being required.
[298:1]After giving notice of his intention to do so, he moved, on Feb. 21, 1881, that all clauses and amendments of the Protection of Life and Property (Ireland) Bill should be put to vote in Committee of the Whole at twelve o'clock that night. This was done, and repeated upon the report stage of the bill (Hans. 3 Ser. CCLVIII., 1092, 1344, 1392, 1472, 1608, 1665, 1672-75). The same process was adopted a few days later for the Peace Preservation (Ireland) Bill. (Hans. 3 Ser. CCLIX., 657, 659, 691-95,697, 740, 762-65.)
[298:1]After giving notice of his intention to do so, he moved, on Feb. 21, 1881, that all clauses and amendments of the Protection of Life and Property (Ireland) Bill should be put to vote in Committee of the Whole at twelve o'clock that night. This was done, and repeated upon the report stage of the bill (Hans. 3 Ser. CCLVIII., 1092, 1344, 1392, 1472, 1608, 1665, 1672-75). The same process was adopted a few days later for the Peace Preservation (Ireland) Bill. (Hans. 3 Ser. CCLIX., 657, 659, 691-95,697, 740, 762-65.)
[298:2]Hans. 3 Ser. CCCXV., 1594.
[298:2]Hans. 3 Ser. CCCXV., 1594.
[299:1]Hans. 3 Ser. CCCXVI., 484-88.
[299:1]Hans. 3 Ser. CCCXVI., 484-88.
[299:2]Hans. 4 Ser. XIV., 590.
[299:2]Hans. 4 Ser. XIV., 590.
[299:3]Hans. 4 Ser. XXVII., 1410-46. In this case, for the first time, the report stage was included in the original motion.
[299:3]Hans. 4 Ser. XXVII., 1410-46. In this case, for the first time, the report stage was included in the original motion.
[299:4]Hans. 4 Ser. CXIV., 735-38.
[299:4]Hans. 4 Ser. CXIV., 735-38.
[299:5]One of the latest and most elaborate examples of its use was on the Territorial and Reserve Forces Bill of 1907. Hans. 4 Ser. CLXXIII., 1367-70, 1463-66.
[299:5]One of the latest and most elaborate examples of its use was on the Territorial and Reserve Forces Bill of 1907. Hans. 4 Ser. CLXXIII., 1367-70, 1463-66.
[300:1]Cf.Hans. 4 Ser. XXXVII., 727.
[300:1]Cf.Hans. 4 Ser. XXXVII., 727.
[300:2]Ibid., 732.
[300:2]Ibid., 732.
[300:3]Ibid., 728-730.
[300:3]Ibid., 728-730.
[300:4]It may be assumed that the House will never reject any of the outstanding grants, but a useless number of divisions might be forced in voting upon them. As the number of such grants is usually little short of one hundred, the time wasted in walking through the lobbies on the last night might be monstrous. To avoid this a rule was adopted in 1901 that when the allotted time expired, all the remaining grants in any one class should be put to vote together. Hans. 4 Ser. XCVIII., 1619-20.
[300:4]It may be assumed that the House will never reject any of the outstanding grants, but a useless number of divisions might be forced in voting upon them. As the number of such grants is usually little short of one hundred, the time wasted in walking through the lobbies on the last night might be monstrous. To avoid this a rule was adopted in 1901 that when the allotted time expired, all the remaining grants in any one class should be put to vote together. Hans. 4 Ser. XCVIII., 1619-20.
[300:5]S.O. 15.
[300:5]S.O. 15.
[300:6]Three more days may be added by special order.
[300:6]Three more days may be added by special order.
[300:7]These include the votes on account, but only one day can be given to each of the three votes on account, and only one sitting, or half a day, to the report of such a vote. Days devoted to supplementary estimates or votes of credit are not included; nor are those days on which the question must be put that the Speaker leave the chair, because those days are really occupied not by the votes of supply, but by general criticism of the government. (SeeChap. XVIII.,infra.) The short sitting of Friday counts as half a day.This does not apply to private bills, questions, and the other matters that are taken up in the first hour, before the regular orders of the day are reached.
[300:7]These include the votes on account, but only one day can be given to each of the three votes on account, and only one sitting, or half a day, to the report of such a vote. Days devoted to supplementary estimates or votes of credit are not included; nor are those days on which the question must be put that the Speaker leave the chair, because those days are really occupied not by the votes of supply, but by general criticism of the government. (SeeChap. XVIII.,infra.) The short sitting of Friday counts as half a day.
This does not apply to private bills, questions, and the other matters that are taken up in the first hour, before the regular orders of the day are reached.
[301:1]Mr. Balfour said this frankly in the debate on the rule in 1896. (Hans. 4 Ser. XXXVII., 724-26.)
[301:1]Mr. Balfour said this frankly in the debate on the rule in 1896. (Hans. 4 Ser. XXXVII., 724-26.)
[301:2]Hans. 4 Ser. XCVIII., 1548.
[301:2]Hans. 4 Ser. XCVIII., 1548.
Sittings of the House.
After describing the processes of legislation, a word must be said about the order of business for each day and for the session as a whole. On Monday, Tuesday, Wednesday, and Thursday the House now meets at a quarter before three, and sits until half-past eleven, when it is automatically adjourned unless business specially exempted is under consideration. But the sitting is divided by the mystic hour of a quarter past eight into two parts which are reserved on certain days for quite different kinds of business. On Friday the House sits from noon till half-past five, and on Saturday it does not meet at all unless by special vote on very rare occasions.[302:1]
Interruption of Business.
With the exception to be noted in a moment, all business upon which the House may be engaged is interrupted at half-past five o'clock on Friday, and eleven on other days; but unopposed business may still be taken up until the hour arrives for adjournment. During that interval the orders of the day are read, and each of them may in turn be debated and even voted upon, unless a division is challenged, or some member objects.[303:1]In short, work can be done after the time for interruption only by universal consent, a single member having power to prevent the consideration of any measure to which he is opposed. Yet a certain amount of business is transacted at these times; and, in fact, a private member's bill would stand little chance, even if no one had any serious objection to it, unless it could pass through some of its stages in this way.
Exceptions Thereto.
To the rule that no opposed business can be taken after eleven o'clock there is an important exception. A minister may move at the beginning of the afternoon sitting that anyspecified business shall not be interrupted at that hour, and the question must be put without amendment or debate. This is often done toward the close of the session, and results in sittings that run far into the night. Bills originating in Committee of Ways and Means, and proceedings taken in pursuance of a statute[304:1]or standing order, are also exempted from the rules about interruption, about taking up no opposed business after eleven o'clock, and about adjournment at half-past eleven o'clock.[304:2]It must be remembered also that closure may be moved after the hour for interruption has struck.[304:3]
Order of Business for the Day.
The first sitting of each day is opened with prayer. The Speaker then takes the chair, and certain formal or routine business that occupies little time is taken up in the following order.
1. Private business, that is, bills relating to private or local matters. Private business, which is unopposed, and therefore takes no appreciable time, is taken up first. Opposed private business is not taken up at all on Friday, and if not finished by three o'clock on other days is postponed to a quarter past eight on such day as the Chairman of Ways and Means may determine.[304:4]
2. Presentation of public petitions (if presented orally instead of being dropped silently into a bag behind the Speaker's chair). As a rule no debate is in order, and hence this process is also short,[304:5]and must be finished by three o'clock.[304:6]
3. At that hour, on the afternoon sittings, the important business of putting questions to ministers begins.[305:1]The character and political effect of these questions will be examined inChapterXVIII, but from the point of view of parliamentary time it may be noted that the practice has grown so much during the last thirty years as to require some limitation. In 1901 the questions asked numbered 7180, and consumed 119 hours, or the equivalent of fifteen parliamentary days of eight hours each.[305:2]The new rules of 1902 sought to check the tendency in two ways; by giving the option of requiring an oral or a written answer, the question in the former case being marked in the notice paper with an asterisk; and by fixing a strict limit to the time consumed. Forty minutes are allowed for putting questions, the answers to those not reached by a quarter before four, like the answers to questions not starred, being printed with the votes of the day.[305:3]
4. If there is a vacant moment before three o'clock, or between the time questions come to an end and a quarter before four o'clock, it may be used by motions for unopposed returns, for leave of absence, or for similar unopposed matters that would otherwise have to be taken up after the interruption of business.[305:4]
5. Immediately after questions, a member rising in his place may make the portentous motion "for the adjournment of the House for the purpose of discussing a definite matter of urgent public importance."[305:5]This is usually, but not necessarily, made in consequence of a highly unsatisfactory answer that has just been given to a question. It may seem strange to move to adjourn before serious business has begun, but as such a motion has not been carried for nearly a score of years that feature is unimportant, and itsreal significance in giving a chance to discuss at short notice some action of the government will be explained inChapterXVIII. Formerly the debate upon the motion took place immediately; but now the member merely obtains—by the support of forty members, or by vote of the House—leave to make his motion, while the debate itself is postponed to a quarter past eight o'clock.
6. Then come what are called "matters taken at the commencement of public business." These are the presentation of bills without an order of the House or under the ten-minute rule, and motions by a minister relating to the conduct of business to be decided without amendment or debate.
7. Finally comes the regular business of the sitting, in the form of notices of motions or orders of the day. The distinction between these two classes of business is not easy to explain with precision;[306:1]but for our purpose it is unimportant, except so far as one class has precedence over the other. Now the government has authority to arrange the order of its own business as it pleases;[306:2]and in relation to private members, orders of the day practically mean bills, and notices of motion mean resolutions and other matters that are not bills. The application of the distinction comes, therefore, to this, that of the sittings set apart for private members, Friday is reserved for their bills, and Tuesdays and Wednesdays after a quarter past eight o'clock for their other motions.[306:3]
Order at Evening Sittings.
At a quarter past eight o'clock the first business is a motion for adjournment on an urgent matter of public business, in the occasional instances where leave has been obtained at the afternoon sitting to make it. Next follows any postponed private business that may have been assignedto that evening; and then come the notices of motions and orders of the day.
By the new arrangement with its definite time for certain business, the work of the House is better distributed. There is no longer the same danger that the discussion of a private bill or of a motion to adjourn, or an interminable series of questions, will unexpectedly cut a great piece out of the hours when the House is most crowded, and the leading men are waiting to debate a great public measure. At the afternoon sitting the regular business of the day is reached at a quarter before four, or very little later, and it proceeds without interruption until a quarter before eight. After that hour—unless there is an opposed private bill, which does not often take long, or by chance a motion to adjourn—the regular business, which may not be the same as at the afternoon sitting, begins again, and goes on until eleven. With the habits of slack attendance when nothing is expected, and the necessity for a presence in force when a division that touches the Treasury Bench may be taken, it is a matter of no small import to be able to forecast the business of a sitting.
The severe pressure for time has thus brought about a minute allotment of the hours at each sitting for definite kinds of business, and the same cause has produced a similar, although less exact, distribution in the work of the session as a whole.
Order of Business for the Session.
The regular session of Parliament opens about the beginning of February, and the first business is the address in reply to the King's speech. Formerly it was an elaborate affair, which referred to the clauses of the speech in succession, but since 1890 it has taken the form of a single resolution expressing simply the thanks of the Commons for his Majesty's most gracious speech. Amendments are moved by the various sections of the Opposition in the shape of additions thereto, pointing out how the government has done things it ought not to have done, and left undone things it ought to have done; and even members of themajority, who are disgruntled because their pet hobbies have been left unnoticed, follow the same course. The debates on the address take practically the whole time of the House for two or three weeks.[308:1]As soon as they are over, the Committee of Supply is set up, and sits one or two days each week, the rest of the sittings being taken up with government measures, and with business introduced by private members.
Hope springs eternal in the legislative breast, and every assembly undertakes more work than it can accomplish thoroughly. In some legislatures this results in a headlong rushing through of measures almost without discussion at the end of the session. But while, under closure by compartments and the supply rule, this may be true in England of certain clauses of bills and of large parts of the appropriations, it is not true of bills as a whole. Parliament is, primarily, a forum for debate, rather than a machine for legislation, and bills that cannot be discussed at some length are dropped. After the Whitsuntide recess every year, the leader of the House announces that owing to lack of time the government has found it necessary to abandon such and such measures, a proceeding familiarly known as the slaughter of the innocents. But it is not their own bills alone that the ministers are obliged to slay. In order to get through their own remaining work they have long been in the habit of taking by special order, after the Easter recess, a part of the sittings reserved for private members, and of seizing all the rest soon after Whitsuntide. The practice was regulated and made systematic by the new rules of 1902; but this brings us to the relation of the cabinet and of private members to the work of the House, which forms the subject of the following chapter.
[302:1]Until 1888 the regular hour of meeting on Monday, Tuesday, Thursday, and Friday was a quarter before four o'clock; but as there was no provision for adjournment at any fixed hour, debate on a subject might go on indefinitely; and, in fact, all-night sittings were common. In 1879 a standing order had been adopted that no opposed business, not specially exempted, should be taken up after half-past twelve; but this did not put a stop to a business in hand at that hour. Owing to the fatigue caused by late sittings (Temple, "Life in Parliament," 184-85), a standing order was adopted in 1888 changing the hour of meeting on those four days to three o'clock, and providing that at midnight the business under consideration should, unless specially exempted, be interrupted; that no other opposed business should thereafter be taken up; and that the House should adjourn not later than one o'clock. The hours of sitting on Wednesday were left as before at from noon to six o'clock.For some time it had been the habit, especially in the latter part of the session, to break the day occasionally into two sittings, the earlier one beginning at two o'clock, and being called a morning sitting. After 1888 these two sittings were held from two until seven, and from nine until twelve (S.O. of March 7, 1888), the days being commonly Tuesdays and Fridays.Now although the system of two sittings a day, with a considerable interval for dinner, involved beginning at an hour in the afternoon inconveniently early for men in the active work of a business or profession, it had certain manifest advantages, and was made the universal practice in 1902. At that time the standing orders were extensively revised, and in particular the subject of the sittings, with the order of business thereat, was remodelled. For the sake of giving members a chance to pass what is known as the week-end in the country, the short day was transferred from Wednesday to Friday, the House meeting on that day at twelve, and adjourning automatically at six (S.O. 2); while each of the other four working days was divided into afternoon and evening sittings, the first from two until half-past seven, and the other from nine until one (S.O. 1). Finally in 1906 another change of hours was made, without, however, any essential alteration in the method of doing business. The inconvenience of early attendance at the House was avoided by changing the hour of meeting on Monday, Tuesday, Wednesday, and Thursday to quarter before three, while the hour for the adjournment was changed to half-past eleven, and a part of the time then lost was made up by abolishing the formal interval of an hour and a half for dinner. But although there is now one continuous sitting on each of these days, the order of business arranged for the two sittings has been retained, the break coming at a quarter past eight. The hour of adjournment on Friday was changed at the same time to half-past five.
[302:1]Until 1888 the regular hour of meeting on Monday, Tuesday, Thursday, and Friday was a quarter before four o'clock; but as there was no provision for adjournment at any fixed hour, debate on a subject might go on indefinitely; and, in fact, all-night sittings were common. In 1879 a standing order had been adopted that no opposed business, not specially exempted, should be taken up after half-past twelve; but this did not put a stop to a business in hand at that hour. Owing to the fatigue caused by late sittings (Temple, "Life in Parliament," 184-85), a standing order was adopted in 1888 changing the hour of meeting on those four days to three o'clock, and providing that at midnight the business under consideration should, unless specially exempted, be interrupted; that no other opposed business should thereafter be taken up; and that the House should adjourn not later than one o'clock. The hours of sitting on Wednesday were left as before at from noon to six o'clock.
For some time it had been the habit, especially in the latter part of the session, to break the day occasionally into two sittings, the earlier one beginning at two o'clock, and being called a morning sitting. After 1888 these two sittings were held from two until seven, and from nine until twelve (S.O. of March 7, 1888), the days being commonly Tuesdays and Fridays.
Now although the system of two sittings a day, with a considerable interval for dinner, involved beginning at an hour in the afternoon inconveniently early for men in the active work of a business or profession, it had certain manifest advantages, and was made the universal practice in 1902. At that time the standing orders were extensively revised, and in particular the subject of the sittings, with the order of business thereat, was remodelled. For the sake of giving members a chance to pass what is known as the week-end in the country, the short day was transferred from Wednesday to Friday, the House meeting on that day at twelve, and adjourning automatically at six (S.O. 2); while each of the other four working days was divided into afternoon and evening sittings, the first from two until half-past seven, and the other from nine until one (S.O. 1). Finally in 1906 another change of hours was made, without, however, any essential alteration in the method of doing business. The inconvenience of early attendance at the House was avoided by changing the hour of meeting on Monday, Tuesday, Wednesday, and Thursday to quarter before three, while the hour for the adjournment was changed to half-past eleven, and a part of the time then lost was made up by abolishing the formal interval of an hour and a half for dinner. But although there is now one continuous sitting on each of these days, the order of business arranged for the two sittings has been retained, the break coming at a quarter past eight. The hour of adjournment on Friday was changed at the same time to half-past five.
[303:1]May, 209. Business which is merely formal, or which follows as of course from action already taken by the House, may be transacted in spite of objection. May, 210.
[303:1]May, 209. Business which is merely formal, or which follows as of course from action already taken by the House, may be transacted in spite of objection. May, 210.
[304:1]Under this head is included action upon statutory orders, where the act provides, as it usually does, that the order shall be laid before Parliament, and shall not go into effect if either House adopts an address with that object. Without this exception to the rule the House would have no real opportunity to adopt such an address, unless the government chose to give part of its time for the purpose. Ilbert, "Manual," § 36 note.
[304:1]Under this head is included action upon statutory orders, where the act provides, as it usually does, that the order shall be laid before Parliament, and shall not go into effect if either House adopts an address with that object. Without this exception to the rule the House would have no real opportunity to adopt such an address, unless the government chose to give part of its time for the purpose. Ilbert, "Manual," § 36 note.
[304:2]S.O. 1 (2), (3), (5), (7), (8). Ilbert, §§ 35-39. The Annual Army Bill has always been treated as exempted business.Ibid., § 36 note.
[304:2]S.O. 1 (2), (3), (5), (7), (8). Ilbert, §§ 35-39. The Annual Army Bill has always been treated as exempted business.Ibid., § 36 note.
[304:3]S.O. 1 (4). A division in progress is not interrupted. Ilbert, § 35 note.
[304:3]S.O. 1 (4). A division in progress is not interrupted. Ilbert, § 35 note.
[304:4]Such postponed private business must be distributed as equally as may be between the days allotted to the government and to private members. S.O. 8; Ilbert, § 50. The procedure on private bills will be described inChap. xx.infra.
[304:4]Such postponed private business must be distributed as equally as may be between the days allotted to the government and to private members. S.O. 8; Ilbert, § 50. The procedure on private bills will be described inChap. xx.infra.
[304:5]Ilbert, §§ 51-54, 47 n. S.Os. 76-80.
[304:5]Ilbert, §§ 51-54, 47 n. S.Os. 76-80.
[304:6]Except in the rare cases where debate is allowed on the ground that an urgent personal grievance is involved. Ilbert, § 53 (6).
[304:6]Except in the rare cases where debate is allowed on the ground that an urgent personal grievance is involved. Ilbert, § 53 (6).
[305:1]S.O. 9. Ilbert, §§ 55-60. It is not usual to ask on Friday questions requiring an oral answer. Ilbert, § 56 note.
[305:1]S.O. 9. Ilbert, §§ 55-60. It is not usual to ask on Friday questions requiring an oral answer. Ilbert, § 56 note.
[305:2]Hans. 4 Ser. CI., 1353.
[305:2]Hans. 4 Ser. CI., 1353.
[305:3]Unless the minister was not present to answer, or the question did not appear on the notice paper, and is of an urgent character. S.O. 9 (3).
[305:3]Unless the minister was not present to answer, or the question did not appear on the notice paper, and is of an urgent character. S.O. 9 (3).
[305:4]In practice a motion for a new writ of election is usually made before questions, and the introduction of a new member follows them. Ilbert, § 47 note.
[305:4]In practice a motion for a new writ of election is usually made before questions, and the introduction of a new member follows them. Ilbert, § 47 note.
[305:5]S.O. 10.
[305:5]S.O. 10.
[306:1]Ilbert, § 41 note. Technically an order of the day is a matter which is set down for a particular day by an order of the House; a notice of motion is a motion set down for the day by notice given by a member without any order of the House; but under the present rules an order of the House is made in many cases without any actual vote, or even the opportunity for a vote, the proceedings being in fact much the same as in the case of a notice of motion. The distinction remains, however, as a means of classifying different kinds of business.
[306:1]Ilbert, § 41 note. Technically an order of the day is a matter which is set down for a particular day by an order of the House; a notice of motion is a motion set down for the day by notice given by a member without any order of the House; but under the present rules an order of the House is made in many cases without any actual vote, or even the opportunity for a vote, the proceedings being in fact much the same as in the case of a notice of motion. The distinction remains, however, as a means of classifying different kinds of business.
[306:2]S.O. 5.
[306:2]S.O. 5.
[306:3]S.O. 4.
[306:3]S.O. 4.
[308:1]As Redlich remarks (Recht und Technik, 315-16), the speech having a general political character, debate and amendment are not limited by any rule of relevancy, but stray over every kind of political grievance or aspiration and the whole foreign and domestic policy of the government. He points out that until 1880 the debate rarely took more than a couple of days, but since that time the number of sittings devoted to it has run from six to sixteen.
[308:1]As Redlich remarks (Recht und Technik, 315-16), the speech having a general political character, debate and amendment are not limited by any rule of relevancy, but stray over every kind of political grievance or aspiration and the whole foreign and domestic policy of the government. He points out that until 1880 the debate rarely took more than a couple of days, but since that time the number of sittings devoted to it has run from six to sixteen.
A Body of Men can say only Yes or No.
For the purpose of collective action every body of men is in the plight of M. Noirtier de Villefort in "Monte Cristo," who was completely paralysed except for one eye. Like him it has only a single faculty, that of saying Yes or No. Individually the members may express the most involved opinions, the most complex and divergent sentiments, but when it comes to voting, the body can vote only Yes or No. Some one makes a motion, some one else moves an amendment, perhaps other amendments are superimposed, but on each amendment in turn, and finally on the main question, the body simply votes for or against. Where a body acts by plurality it can, of course, choose which of several propositions it will adopt, which of several persons, for example, it will elect.[309:1]But this depends upon the same general principle, that the body can act collectively only on propositions laid before it by an individual, or a group of men acting together as an individual. Ordinarily it can only answer Yes or No to questions laid before it one at a time in that way.
Framing the Question.
Obviously, therefore, it is of vital importance to know who has power to ask the question; and, in fact, one of the great arts in managing bodies of men consists in so framing questions as to get the best possible chance of a favourablereply. In small bodies that have limited functions and an abundance of time, the members are free to propose any questions they please; but in large assemblies, all of whose proceedings are of necessity slower, this freedom is curtailed by lack of time, especially if the range of activities is wide. Hence the legislatures of all great states have been constrained to adopt some process for restricting or sifting the proposals or bills of their members. The most common device is that of referring the bills to committees, which can practically eliminate those that have no serious chance of success, and can amend others, putting them into a more acceptable form. In such cases the committees enjoy, if not the exclusive privilege of proposing questions to the legislature, at least the primary right of framing the questions that are to be submitted, and this gives them a momentous power. An organisation by committees is the most natural evolution of a legislative body, if there is nothing to obstruct it. Now in Parliament there has been something to obstruct it, and that is the system of a responsible ministry.
The Cabinet.
The cabinet has been said to be a committee, and the most important committee of the House; but it is really far more. Unlike an ordinary committee, it does not have the bills of members referred to it. On the contrary it has the sole right to initiate, as well as to frame, the measures it submits to the House; and these comprise, in fact, almost all the important bills that are enacted. By far the greater part of legislation originates, therefore, exclusively with the ministers. The system of a responsible ministry has obstructed the growth of committees; because, in the case of government measures, the chief function of such committees, that of sifting bills and putting them into proper shape, is performed by the cabinet itself; and also because, as will be shown hereafter, the authority of the cabinet would be weakened if other bodies, not necessarily in accord with it, had power to modify its proposals. In this connection it may be observed that in the domain of private and localbills, where the responsibility of the cabinet does not extend, there has developed a most elaborate and complete set of committees, to which all such bills are referred.
Subjects Treated in this Chapter.
The relation of the cabinet to the House of Commons may be conveniently treated under three heads: the initiative left to private members; the direct control of the cabinet over legislation with its effects; and the control of the House over the administration and the general policy of the government.
Private Members' Bills.
It may appear strange that the existence of a responsible ministry should obstruct the growth of committees on public bills brought in by private members. Nevertheless it has done so; partly by reducing those bills to a position of secondary importance; and partly because if the committees were under the control of the government the private member would be even more helpless than he is now, and if they were not they might be at times inconvenient rivals to the ministry. As the House of Commons is organised, therefore, the committees play a minor part. The most important legislation of a public nature originates with the ministers, and is entirely in their charge, save for an occasional reference to a committee under exceptional circumstances; while private members are free to bring their public bills before the House, unfettered by any committee, provided they can find a chance to do so in the extremely meagre allowance of time at their disposal. In short the Commons have solved the question of time by giving most of it to the government to use as it pleases, and leaving the private members to scramble for the rest.
Time Allotted to Private Members.
Under the new rules of 1902 and 1906 government business has precedence, from the opening of the session until Easter, at every sitting, except after a quarter past eight o'clock on Tuesday and Wednesday and at the sitting on Friday. Until Easter, therefore, these three periods in the week are reserved for the private members. Between Easter and Whitsuntide the government is given the whole of Tuesday for its own use, and after Whitsuntide it has all the timeexcept the third and fourth Fridays next following.[312:1]As the private members have no time reserved for them until the close of the debate on the address, the arrangement gives them in a normal year about thirty parts of the session out of a couple of hundred. It must be remembered also that the part of a sitting after quarter past eight is shorter than that which goes before; is never, on private members' nights, prolonged beyond the hour of interruption; and is liable to be broken into by opposed private bills, and motions to adjourn on a matter of urgent public importance.[312:2]It is clear, therefore, that the share of time reserved for private members is small. But although their lamentations over confiscation of their sittings by the government have been constant, the actual time at their disposal has not, in fact, been seriously diminished of late years. An examination of the parliamentary papers shows that in the ten years from 1878 to 1887 government business actually had precedence on the average in eighty-three per cent. of the sittings, and during the following decade in about eighty-four and a half per cent.[312:3]This is very little less than the proportion that now prevails. The recent rules have merely sanctioned by permanent standing order a practice that had long been followed in an irregular way by special resolutions adopted during the course of the session.
Ballot for Days.
When, as Hobbes remarked, there is not enough of any article to satisfy everybody, and no one has authority to apportion it, the most obvious means of distribution is the lot. This primitive method is still employed for dividing among the private members the time reserved for their use. Their sittings are devoted to two different objects. On Tuesday and Wednesday evenings notices of motions have precedence, while Friday is the day for bills. At the beginning of a session members who want to introduce bills send in their names, and in the order in which the lots are drawn they set down their bills for second reading on a Friday, selecting, of course, the earliest unoccupied day. In this way every Friday before Whitsuntide is taken, and although there will probably not be time to deal with more than one bill in a day, less successful competitors place their measures second or third on the lists, hoping that they may be reached.
The first bill on the list usually comes to a vote on the second reading, but when that point has been passed it is difficult to find an opportunity for any of its subsequent steps. A reference to a standing committee affords the best chance, because it avoids the committee stage in the House. If a bill is not so referred, it is almost certainly doomed, unless it can pass some of its stages, unopposed, after the hour for the interruption of business; and, in fact, any bill is well-nigh hopeless that does not take at least one step in this way.[313:1]On the two Fridays remaining after Whitsuntide private members' bills are given precedence in the order of their progress,[313:2]the most advanced obtaining the right of way. The leader of the House may, however, star any bill, that is, give to it a fraction of the government time, but this is very rarely done, and never till near the close of a session.