The Appropriation Act.
The first Consolidated Fund Act must be passed in time to receive the royal assent before April 1. One or two more follow from time to time as the Committee of Supply makes its way slowly through the estimates.[286:2]Finally, after the whole supply for the year has been voted, the Appropriation Bill is brought in, which sums up and embodies all the grants for the services of the year, prescribes their application by means of the schedules annexed, and authorises their payment out of the Consolidated Fund. This is usually passed on the last day of the session.
The Budget.
So much for the process of getting money out of the Consolidated Fund. That of getting money into the fund goes on at the same time, but independently. It is usually early in April that the Chancellor introduces his budget in the Committee of Ways and Means. In an elaborate speech he reviews the finances of the past year, comparing the results with the estimates, and dealing with the state of trade and the national debt. He then refers to the estimates already submitted, and coming to the gist of his speech, and the part of it that is awaited with curiosity, he explains how he proposes to raise the revenue required to meet the expenditures. As he could have no right to take the floor without a motion before the House, he concludes by moving one or more of a series of resolutions containing the changes in taxation, or the continuation of temporary taxes, that he desires.
About three quarters of the revenue is derived from permanent taxes, which are rarely changed, and require no action by Parliament from year to year. But in order toadjust the income closely to expenses, certain taxes are voted for a year at a time, their rates being raised or lowered as may be required to balance the budget. For many years the only imposts so treated were the income tax and the duty on tea; one of them being regarded as a direct tax levied upon property, and the other as an indirect tax resting upon the mass of the people. Recently, however, the duties on tobacco, beer and spirits, and the corresponding excises on beer and spirits, have been increased, and the additions so made have been voted from year to year.
The budget speech of the Chancellor of the Exchequer is followed by a general discussion of the questions he has raised, and either at once, or on subsequent days, by debates and votes upon the resolutions he has brought in. The resolutions when adopted are reported to the House for ratification, but as in the case of supply, they have no legal effect until enacted in the form of a statute. Perhaps it would be more correct to say that they have no legal validity; because in order to prevent large importations made to avoid a projected increase in a duty, it is customary to prescribe in the resolution a date near at hand when the tax shall take effect, and to collect it from that date if the resolution has been agreed to by the House on report. The collection is quite unauthorised by law at the time, but it is afterward ratified by a statute which fixes the same date for the operation of the tax; and this gives the transaction complete legal validity, because Parliament has power to pass a retroactive law. If for any reason the provision for the tax fails of enactment, the duties that have been collected are, of course, refunded.
The Finance Act.
It was formerly the habit to include in the fiscal resolutions based upon the budget, and in the act to give them effect, the annual and temporary taxes alone; the permanent taxes, and especially those imposed rather for economic reasons than for the purpose of revenue, being dealt with by special acts.[287:1]But the use of taxation for revenueonly, and still more a quarrel with the House of Lords, brought about a change of system. In 1860 the government determined to repeal the paper duties, which hindered the publication of cheap newspapers, and were decried as a tax on knowledge. The loss of revenue was taken into account in the financial plans of the year; but according to custom the repeal of the duties was contained in a separate bill by itself. The Lords, after passing the act to give effect to the rest of the budget, rejected this bill. At the moment the Commons could do nothing save express their opinions; but the next year they included the repeal of the paper duties in the annual tax bill, and the Lords were constrained to pass it; for although the Peers do not formally admit the claim of the Commons that they must accept or reject money bills without alteration, they never venture to amend them. The policy of including all the taxes in one bill has developed into a permanent practice, and under the name of the Finance Bill this now includes all fiscal regulations relating both to the revenue and to the national debt.[288:1]
The Public Accounts.
The whole initiative, as regards both revenue and expenditure, lies with the government alone. The House has merely power to reject or reduce the amounts asked for, and it uses that power very little. Financially, its work is rather supervision than direction; and its real usefulness consists in securing publicity and criticism rather than in controlling expenditure. It is the tribunal where at the opening of the financial year the ministers must explain and justify every detail of their fiscal policy, and where at its close they must render an account of their stewardship. This last duty is highly important. The House receives every year reports of the administration of the finances from three independent bodies, or to be more accurate, it receives two distinct sets of accounts and one report.
The Finance Accounts.
As soon as possible after the close of the financial year, the Treasury submits the Finance Accounts, which cover all receipts paid into, and all issues out of, the Consolidated Fund, giving the sources from which the revenue was derived and the purpose for which the issues were made.[289:1]As these accounts are based, not upon the sums expended by the different branches of the government, but upon the amounts transferred to their credit at the Banks of England and Ireland, they can be compiled quickly; and, in fact, they are laid before Parliament near the end of June, about three months after the close of the financial year to which they relate.
The Appropriation Accounts.
Meanwhile the Comptroller and Auditor General—who holds his office during good behaviour, with a salary paid by statute directly out of the Consolidated Fund, and who considers himself in no sense a servant of the Treasury, but an officer responsible to the House of Commons[289:2]—examines the accounts of the several departments. This is a matter requiring much time, and it is not until the opening of the next regular session that he presents what are known as the Appropriation Accounts,[289:3]covering in great detail the actual expenditures in all the supply services, with his reports and comments thereon.[289:4]
The Committee of Public Accounts.
His accounts and reports are referred to the Committee of Public Accounts, which consists of eleven members of the House chosen at the beginning of the session,[289:5]and includesthe Financial Secretary of the Treasury, some one who has held a similar office under the opposite party, and other men interested in the subject. It inspects the accounts and the Comptroller and Auditor General's notes of the reason why more or less than the estimate was spent on each item. It inquires into the items that need further explanation, examining for the purpose the auditing officers of the departments, and other persons; and it makes a series of reports to the House, which refer in detail to the cases where an excess grant must be made by Parliament, or a transfer between grants in the military departments must be approved.[290:1]
The Committee of Public Accounts has undoubtedly great influence in keeping the expenditures very strictly within the appropriations, and from time to time it expresses its opinions strongly about any laxity in that respect—remarks that are not forgotten by the officials. But there has been much complaint that the House itself, while criticising the administrative conduct of the government freely in the discussion of the estimates, takes little interest in their financial aspect; and, therefore, the recent Committee on National Expenditure has suggested that one day, at least, should be set apart for the discussion of the report of the Committee on Public Accounts.[290:2]
Indian Revenue Accounts.
There are a couple of anomalous cases where, by statute, the estimates for a service are not voted by Parliament, but the accounts are afterward submitted to it for approval. This is true of India; and the provision is a wise one, for it allows the government of that country to be conducted by the authorities on the spot, who are alone competent to do it, and yet it reserves to the House of Commons anopportunity for supervision and criticism. On one of the last days of the session a motion is made to go into Committee of the Whole to consider these accounts, and on that motion a general debate on Indian affairs is in order. In the committee itself only a formal motion is made certifying the total revenue and expenditure, and debate is confined to the economic and financial condition of the dependency.[291:1]In the same way the expenses of Greenwich Hospital are, by statute, defrayed out of its revenues, but the accounts are submitted to the House annually, with a resolution for their approval.[291:2]
[279:1]S.O. 67.
[279:1]S.O. 67.
[279:2]S.O. 66. May (527) points out that these two rules, together with S.O. 68, adopted in 1715, that the House will receive no petition for compounding a revenue debt due to the Crown without a certificate from the proper officer stating the facts, were for more than a century the only standing orders of the House.
[279:2]S.O. 66. May (527) points out that these two rules, together with S.O. 68, adopted in 1715, that the House will receive no petition for compounding a revenue debt due to the Crown without a certificate from the proper officer stating the facts, were for more than a century the only standing orders of the House.
[279:3]Todd, "Parl. Govt. in England," 2 Ed., I., 691.
[279:3]Todd, "Parl. Govt. in England," 2 Ed., I., 691.
[280:1]As an illustration of the fact that the rise of the authority exerted by ministers over Parliament was contemporary with the loss by the King of personal legislative power, Todd (II., 390) remarks that this rule was first adopted in 1706, and the last royal veto was given in 1707.
[280:1]As an illustration of the fact that the rise of the authority exerted by ministers over Parliament was contemporary with the loss by the King of personal legislative power, Todd (II., 390) remarks that this rule was first adopted in 1706, and the last royal veto was given in 1707.
[280:2]British North Amer. Act, § 54. Commonwealth of Australia Constitution Act, § 56.After the government of India was transferred from the East India Company to the Crown, in 1856, the rule was extended to motions for a charge upon the Indian revenue. S.O. 70.
[280:2]British North Amer. Act, § 54. Commonwealth of Australia Constitution Act, § 56.
After the government of India was transferred from the East India Company to the Crown, in 1856, the rule was extended to motions for a charge upon the Indian revenue. S.O. 70.
[280:3]For France,cf.Dupriez,Les Ministres, II., 416-17, 421-30; Lowell, "Govts. and Parties," I., 116-17; for Italy, Dupriez, I., 316-19; Lowell, 207-9. Owing to the greater cohesion of parties, and to the fact that the expenditures are contained in a series of separate acts which can hardly be changed without disturbing the financial equilibrium, Belgium has suffered little from this cause. Dupriez, I., 249-52.
[280:3]For France,cf.Dupriez,Les Ministres, II., 416-17, 421-30; Lowell, "Govts. and Parties," I., 116-17; for Italy, Dupriez, I., 316-19; Lowell, 207-9. Owing to the greater cohesion of parties, and to the fact that the expenditures are contained in a series of separate acts which can hardly be changed without disturbing the financial equilibrium, Belgium has suffered little from this cause. Dupriez, I., 249-52.
[280:4]Todd, I., 692-96. When the main object of a bill is the creation of a public charge, a resolution for that charge must be passed in Committee of the Whole upon a recommendation from the Crown before the bill is introduced. But when the charge is merely subsidiary or incidental, the bill can be brought in previously, the clauses or provisions creating the charge being printed in italics. The words so printed are regarded as mere blanks with an indication of the way they are eventually intended to be filled, and they cannot be considered by the House until a Committee of the Whole has passed the necessary resolutions on a recommendation from the Crown. May, 528-29, 539.
[280:4]Todd, I., 692-96. When the main object of a bill is the creation of a public charge, a resolution for that charge must be passed in Committee of the Whole upon a recommendation from the Crown before the bill is introduced. But when the charge is merely subsidiary or incidental, the bill can be brought in previously, the clauses or provisions creating the charge being printed in italics. The words so printed are regarded as mere blanks with an indication of the way they are eventually intended to be filled, and they cannot be considered by the House until a Committee of the Whole has passed the necessary resolutions on a recommendation from the Crown. May, 528-29, 539.
[281:1]May, 538-40; Todd, I., 699-701. By S.O. 69 an address of this kind must be adopted in Committee of the Whole.
[281:1]May, 538-40; Todd, I., 699-701. By S.O. 69 an address of this kind must be adopted in Committee of the Whole.
[281:2]"Gleanings of Past Years," I., 81.
[281:2]"Gleanings of Past Years," I., 81.
[281:3]May, 532, 580.
[281:3]May, 532, 580.
[281:4]Ibid., 580-81. Todd, I., 753.
[281:4]Ibid., 580-81. Todd, I., 753.
[282:1]Such reductions are sometimes carried. There was the famous case in 1895 when a motion was made to reduce the salary of the Secretary of State for War to draw attention to the alleged lack of supply of cordite. The defeat of the government in this case furnished the occasion for the resignation of Lord Rosebery's cabinet. (Hans. 4 Ser. XXXIV., 1685-1711, 1742.)In 1904 Mr. Redmond, the leader of the Irish Nationalists, moved to reduce by £100 the appropriation for education in Ireland, and obtained a majority of 141 to 130. Mr. Balfour, declining to treat the matter seriously, remarked that the Irish leader had succeeded in reducing the grant to Ireland by £100; to which the latter replied that defeating the government at a cost of £100 was money well spent. (Hans. 4 Ser. CXXXI., 1141-47.)Again in 1906 a motion to reduce by £100 the appropriation for the Irish Land Commission was carried by a vote of 199 to 196. (Hans. 4 Ser. CXLIX., 1459-86.) After some reflection the government decided that it was not a sufficient cause either for resignation or dissolution, although the ministry was undoubtedly losing its hold upon the country. In each of these three cases the defeat of the government was an accident, the result of a "snap vote."
[282:1]Such reductions are sometimes carried. There was the famous case in 1895 when a motion was made to reduce the salary of the Secretary of State for War to draw attention to the alleged lack of supply of cordite. The defeat of the government in this case furnished the occasion for the resignation of Lord Rosebery's cabinet. (Hans. 4 Ser. XXXIV., 1685-1711, 1742.)
In 1904 Mr. Redmond, the leader of the Irish Nationalists, moved to reduce by £100 the appropriation for education in Ireland, and obtained a majority of 141 to 130. Mr. Balfour, declining to treat the matter seriously, remarked that the Irish leader had succeeded in reducing the grant to Ireland by £100; to which the latter replied that defeating the government at a cost of £100 was money well spent. (Hans. 4 Ser. CXXXI., 1141-47.)
Again in 1906 a motion to reduce by £100 the appropriation for the Irish Land Commission was carried by a vote of 199 to 196. (Hans. 4 Ser. CXLIX., 1459-86.) After some reflection the government decided that it was not a sufficient cause either for resignation or dissolution, although the ministry was undoubtedly losing its hold upon the country. In each of these three cases the defeat of the government was an accident, the result of a "snap vote."
[282:2]May, 532-33, 589. Todd, I., 709-12. But this does not apply to local taxation for local purposes. May, 565-67; Todd, I., 710.
[282:2]May, 532-33, 589. Todd, I., 709-12. But this does not apply to local taxation for local purposes. May, 565-67; Todd, I., 710.
[282:3]May, 533, 589; Todd (I., 711) says that a motion can be made to increase a tax proposed by the government, but of the two precedents he cites, one (Hans. 3 Ser. LXXV., 1020) was a motion by the minister to restore in a sugar duties bill the rate of duty which had been proposed, but reduced in Committee of Ways and Means; the other (Hans. 3 Ser. CCXVIII., 1041) was a motion to renew the existing rate of 3d.for the income tax, the government having proposed to reduce it to 2d.
[282:3]May, 533, 589; Todd (I., 711) says that a motion can be made to increase a tax proposed by the government, but of the two precedents he cites, one (Hans. 3 Ser. LXXV., 1020) was a motion by the minister to restore in a sugar duties bill the rate of duty which had been proposed, but reduced in Committee of Ways and Means; the other (Hans. 3 Ser. CCXVIII., 1041) was a motion to renew the existing rate of 3d.for the income tax, the government having proposed to reduce it to 2d.
[283:1]May, 540, 567; Todd, I., 713et seq.Provided the bill does not incidentally increase some other tax. May, 533.
[283:1]May, 540, 567; Todd, I., 713et seq.Provided the bill does not incidentally increase some other tax. May, 533.
[283:2]May, 533-35.
[283:2]May, 533-35.
[283:3]Ibid., 589; Todd, I., 711.
[283:3]Ibid., 589; Todd, I., 711.
[283:4]S.O. 14 provides that the Committees of Supply and Ways and Means shall be set up as soon as the address in reply to the King's speech has been agreed to.
[283:4]S.O. 14 provides that the Committees of Supply and Ways and Means shall be set up as soon as the address in reply to the King's speech has been agreed to.
[285:1]On the procedure in the Committee of Ways and Means, and on Report from Committee of Supply and of Ways and Means, see May, 588et seq.
[285:1]On the procedure in the Committee of Ways and Means, and on Report from Committee of Supply and of Ways and Means, see May, 588et seq.
[286:1]May, 526; Ilbert, "Manual," § 245, note.
[286:1]May, 526; Ilbert, "Manual," § 245, note.
[286:2]In order to provide money enough in the Consolidated Fund in anticipation of receipts from taxation, each of these bills authorises the Bank of England to advance the sums required, and the Treasury to borrow on Treasury bills. May, 558, n. 3; Ilbert, § 244.
[286:2]In order to provide money enough in the Consolidated Fund in anticipation of receipts from taxation, each of these bills authorises the Bank of England to advance the sums required, and the Treasury to borrow on Treasury bills. May, 558, n. 3; Ilbert, § 244.
[287:1]May, 556-57; Todd, I., 791.
[287:1]May, 556-57; Todd, I., 791.
[288:1]The name Customs and Inland Revenue Act was changed to Finance Act in 1894 when the death duties were included in it. In 1899 the provisions for the sinking-fund were also included. Courtney, "The Working Constitution of the United Kingdom," 26-28; and see the recent Finance Acts.
[288:1]The name Customs and Inland Revenue Act was changed to Finance Act in 1894 when the death duties were included in it. In 1899 the provisions for the sinking-fund were also included. Courtney, "The Working Constitution of the United Kingdom," 26-28; and see the recent Finance Acts.
[289:1]In the case of the consolidated fund services the separate items,e.g.the individual salaries, are given. In the case of the supply services only the amounts issued on account of each grant are given for the civil service; and for the Army and Navy only the total amounts.
[289:1]In the case of the consolidated fund services the separate items,e.g.the individual salaries, are given. In the case of the supply services only the amounts issued on account of each grant are given for the civil service; and for the Army and Navy only the total amounts.
[289:2]See his evidence before the Com. on Nat. Expend., Com. Papers, 1902, VII., 15, Qs. 764-69, 831.
[289:2]See his evidence before the Com. on Nat. Expend., Com. Papers, 1902, VII., 15, Qs. 764-69, 831.
[289:3]Thus the Parliamentary Papers for 1903 contain the Finance Accounts for the financial year ending March 31, 1903, and the far more elaborate Appropriation Accounts for the year ending March 31, 1902.
[289:3]Thus the Parliamentary Papers for 1903 contain the Finance Accounts for the financial year ending March 31, 1903, and the far more elaborate Appropriation Accounts for the year ending March 31, 1902.
[289:4]He presents also separate accounts of the consolidated fund services, and other matters, with reports upon them.
[289:4]He presents also separate accounts of the consolidated fund services, and other matters, with reports upon them.
[289:5]S.O. 75. For a brief history of the system of audit, and the laying of accounts before Parliament, see the memorandum by Lord Welby. Rep. Com. on Nat. Expend., Com. Papers, 1902, VII., 15, App. 13. See also the description by Hatschek, in hisEnglisches Staatsrecht(495-500), of the introduction into England of double entry and the French system of keeping the national accounts.
[289:5]S.O. 75. For a brief history of the system of audit, and the laying of accounts before Parliament, see the memorandum by Lord Welby. Rep. Com. on Nat. Expend., Com. Papers, 1902, VII., 15, App. 13. See also the description by Hatschek, in hisEnglisches Staatsrecht(495-500), of the introduction into England of double entry and the French system of keeping the national accounts.
[290:1]All the reports of the Committees on Public Accounts from 1857 to 1900, with the minutes made in consequence by the Treasury, have been collected and printed together from time to time in blue books. There are now three of these published in 1888, 1893, and 1901, the last containing an index of all three (Com. Papers, 1888, LXXIX., 331; 1893, LXX., 281; 1901, LVIII., 161).
[290:1]All the reports of the Committees on Public Accounts from 1857 to 1900, with the minutes made in consequence by the Treasury, have been collected and printed together from time to time in blue books. There are now three of these published in 1888, 1893, and 1901, the last containing an index of all three (Com. Papers, 1888, LXXIX., 331; 1893, LXX., 281; 1901, LVIII., 161).
[290:2]Rep. Com. on Nat. Expend., Com. Papers, 1903, VII., 483, p. v.
[290:2]Rep. Com. on Nat. Expend., Com. Papers, 1903, VII., 483, p. v.
[291:1]May, 564. On July 20, 1906, an amendment to the motion that the Speaker leave the chair was proposed, to the effect that the salary of the Secretary of State for India ought to be placed among the regular Treasury estimates, in order to give a better chance to discuss the government of India. One of the chief objections made to this was that it would tend to bring the Indian administration into party politics, and the amendment was rejected by a large majority. (Hans. 4 Ser. CLXI., 589-610.)
[291:1]May, 564. On July 20, 1906, an amendment to the motion that the Speaker leave the chair was proposed, to the effect that the salary of the Secretary of State for India ought to be placed among the regular Treasury estimates, in order to give a better chance to discuss the government of India. One of the chief objections made to this was that it would tend to bring the Indian administration into party politics, and the amendment was rejected by a large majority. (Hans. 4 Ser. CLXI., 589-610.)
[291:2]May, 565.
[291:2]May, 565.
The Need of Closure.
Almost all great legislative bodies at the present day have been forced to adopt some method of cutting off debate, and bringing matters under discussion to a decisive vote. They have been driven to do so partly as a defence against wilful obstruction by minorities, and partly as a means of getting through their work. Although following the path with great reluctance, the House of Commons has been no exception to the rule. With the evolution of popular government it has become more representative and less self-contained. Formerly an important public measure gave rise to one great debate, conducted mainly by the leading men, and the vote that followed was deemed to settle the question. The case had been argued, Parliament had rendered its verdict, and that ended the matter. But now every one has his eye upon the country outside. The ordinary member is not satisfied to have the case argued well; he wants to take part in the argument himself. He wants the public, and especially his own constituents, to see that he is active, capable, and to some extent prominent.[292:1]He watches, therefore, his chance to express his views at some stage in the proceedings.
Moreover, the strategy of the leaders of the Opposition has changed. They are not trying merely to persuade the House, or to register their protests there. They are speaking to the nation, striving to convince the voters of the righteousness of their cause, and of the earnestness, devotion, and tenacity with which they are urging it. Hence they take every opportunity for resistance offered by the rules, and fight doggedly at every step. Just as in war the great battle that settled a campaign has been replaced by a long series of stubborn contests behind intrenchments; so in the important issues of parliamentary warfare, the single conclusive debate has given way to many struggles that take place whenever the rules afford a means of resistance. This may not be done for the sake of obstruction or delay, but it consumes time, and it has made some process of cutting off debate and reaching a vote an absolute necessity.
First Used in 1881.
The first resort to such a process was brought about by deliberate obstruction. This had been felt to be an evil for a dozen years,[293:1]and was made intolerable by the tactics of the Irish members in opposing the introduction of the coercion bill of 1881. Several nights of debate were followed by a continuous session of forty-one hours; when the Speaker, on his return to the chair, of which he had been for a time relieved by his deputy, interrupting the discussion, said that the dignity, the credit and the authority of the House were threatened, and that he was satisfied he should but carry out its will by putting the question forthwith.[293:2]His action was not authorised by standing order or by precedent, but whether justifiable or not, it marked an epoch in parliamentary history.
The Urgency Resolution of 1881.
Brand, the Speaker, had not come to his decision without consulting Gladstone, then Prime Minister; and had made his action conditional upon the introduction of some regular process for coping with obstruction.[293:3]Gladstone at once gave notice of an urgency resolution, which was speedilyadopted, thanks to the suspension of all the Irish members for interrupting debate contrary to the orders of the chair. The resolution enabled a minister to move that the state of public business with regard to any pending measure was urgent. This motion was to be put forthwith without debate, and if carried by a majority of three to one in a House of not less than three hundred members, was to vest in the Speaker, for the purpose of proceeding with such measure, all the powers of the House for the regulation of its business.[294:1]
Urgency Rules.
Closure Rule of 1882.
The language was vague, but the intent was clear. The urgency resolution sanctioned for the future the authority recently assumed by the chair. The Speaker, however, not wishing to make what might appear to be an arbitrary use of his new powers, laid before the House a number of rules by which he should be guided;[294:2]and these have furnished the suggestions for much of the later procedure for curtailing debate.[294:3]The one dealing with the primary object of the resolution provided that when it appeared to the Speaker, or to the Chairman in Committee of Supply or Ways and Means, to be the general sense of the House that the question should be put, he might so inform the House, and then a motion made to that effect should be voted upon without debate, and if carried by a majority of three to one, the original question should be put forthwith. The urgency motion was used at once to push through a couple of bills relating to Ireland; but the resolution expired with the session, and after being revived for a short time the next year, it was replaced in the autumn of 1882 by a standing orderbased upon the Speaker's rules.[295:1]The new order made, however, two changes in the procedure. Instead of being applicable only after urgency had been voted, on a motion by a minister, in regard to some particular measure, it could be used at any time; and instead of requiring a vote of three to one, it required either a bare majority, if two hundred affirmative votes were cast, or one hundred affirmative votes, if there were less than forty votes against it. Instead, therefore, of being a weapon that could be used only in cases of exceptional obstruction by a small group, it became a process applicable at any time to limit debate by the minority. But although apparently a regular part of the procedure of the House, the motion to cut off further debate could be made only on the suggestion of the Speaker, and this vested in him an arbitrary initiative which he was loth to exercise. The standing order was, in fact, put into operation on two occasions only, on Feb. 24, 1885, and on Feb. 17, 1887.
Closure Rule of 1887.
The difficulty that had been felt in using the procedure was avoided by the adoption in 1887 of a new standing order[295:2]transferring the initiative to the members of the House, while securing fair play to minorities by leaving with the Speaker a power of veto. The rule provides that any member may claim to move that the question pending be now put, "and unless it shall appear to the chair that such motion is an abuse of the rules of the House, or an infringement of the rights of the minority," it shall be put forthwith. If carried, the pending question, and following it the main question before the House, with all others depending upon it, must be put without further amendment or debate.[295:3]The process, now entitled for the first time "closure," wasmodified in 1888, so that the only requirement about the size of the majority was that one hundred votes must be cast in the affirmative. In this form it has ever since remained, and it has been freely used, having been actually applied from one score to four score times each year.[296:1]
The Speaker's Consent.
The requirement of the Speaker's assent has proved to be no mere formality. This is especially true where closure has been moved by private members, for his consent, or that of the Chairman of Committees, has been refused in one third of such cases.[296:2]Largely for that reason, no doubt, the use of closure by private members has become far less common than it was formerly. During the first ten years after 1887 it was moved by private members on the average about forty times a year, but since that period the average has been only twelve. Even in the case of motions made by a minister, consent has often been withheld. It happened very frequently during the earlier years, but of late has been much less common.[296:3]Evidently the Treasury Bench and the Speaker have come to adopt very nearly the same standard for determining when a matter has been sufficiently debated. To a spectator in the gallery the discussion seems to proceed until the House must be thoroughly weary of it before closure is moved; and, indeed, the House itself very rarely rejects the motion when it gets a chance to vote upon it—a fact which shows that if the Speaker had not power to withhold his consent, the majority would cut short debate more drastically than it does now. But although debate may have gone on until the House is weary, and the benches are nearly empty, until the speeches consist mainlyof the reiteration of arguments in less incisive form, yet there are almost always members who are longing in vain for a chance to make a few remarks. In great debates the order of the chief speakers on each side is commonly arranged between the whips, and given to the presiding officer; who usually follows it, though not without occasional exceptions. For the rest he gives the preference, among the members who try to catch his eye, to those who have the ear of the House, or who are likely to say something worth hearing, not forgetting to call on a new man who rises to make his maiden speech. By seizing on the dull hours, when the House is not full, an undistinguished member can often get his chance. Still, there are many men who sit impatiently with what they believe to be effective little speeches ready to be fired off upon an appreciative public, and see their chance slipping away.[297:1]Perhaps they are bores, but on them the closure falls as a blight, and they raise the bitter cry of the curtailment of the rights of private members.
Closure at the End of a Sitting.
The closure can be moved at any time, even when a member is speaking, but perhaps its most effective use is at the close of the sitting. A standing order adopted in 1888 provides[297:2]that when the hour arrives for the cessation of debate—technically known as the interruption of business,—the closure may be moved upon the main question under consideration, with all others dependent upon it. This gives an opportunity of finishing a bit of work without appearing to cut off discussion arbitrarily, and it is especially valuable now that the new rules of 1902 have established on four days of the week[297:3]two regular sittings with an interruption at the end of each.
The Guillotine.
While the closure is effective in bringing to an end debate on a single question, or in getting past some one particularly difficult point in the career of a bill, it is quite inadequate for passing a great, complicated government measure that provokes relentless opposition. Here it is as useless as the sword of Hercules against the Hydra. Amendments bristle by the score at every clause, and spring up faster than they can be cut off. The motion that certain words "stand part of a clause," or that a "clause stand part of the bill," was intended to work like the hero's hot iron, because if the motion is adopted no amendment can afterward be moved to that word or that clause. But in practice such motions cannot be used ruthlessly. The government discovered the insufficiency of the closure under the Standing Order of 1887, during the debates on the very bill whose enactment it had been adopted to secure, and resorted to a procedure which had already been used by Mr. Gladstone on a couple of Irish coercion bills in 1881.[298:1]Five days had been consumed on the first reading of the Irish Crimes Act of 1887, seven on the second reading, and fifteen days more had been spent in Committee of the Whole on four out of the twenty clauses of the bill; when the government moved that at ten o'clock on June 17, being the end of the next week, the Chairman should, without further debate, put all questions necessary to bring the committee stage to an end.[298:2]The motion wasadopted, and from its trenchant operation the process was known as the "guillotine." It served its purpose, but from the point of view of parliamentary deliberation it was a very imperfect instrument, for all the clauses after the sixth were put to vote without amendment or debate.[299:1]
Closure by Compartments.
The defect of the guillotine, that it resulted in needlessly long discussions on a few early clauses, to the entire neglect of the rest, was largely remedied in the case of the Home Rule Bill of 1893. After twenty-eight nights had been spent in committee on the first four clauses, the House, on June 30, adopted a resolution that debate on clauses five to eight should close on July 6, on clauses nine to twenty-six on July 13, on clauses twenty-seven to forty on July 20, and on the postponed and new clauses on July 27.[299:2]This form of procedure, sometimes called closure by compartments, has the merit of distributing the discussion over different parts of the measure, and of affording at least a probability that any provision exciting general interest will receive some measure of attention. It was used again on the Evicted Tenants Bill in 1894,[299:3]and the Education Bill in 1902;[299:4]and may now be said to have become a regular, because a necessary, practice in the case of difficult and hotly contested measures. But save in the case of supply, it has been the subject of a special resolution passed for a particular bill, under what have been treated as exceptional conditions, and it has found no mention in the standing orders.[299:5]
Closure of Supply.
The guillotine has been applied more systematically to supply. Formerly the estimates were taken in their order, with the result that much time was wasted early in the session over trivial matters, like the repairs of royal palaces inClass I.; while great appropriations of important departments were rushed through at the fag end of the session.[300:1]But at the instance of Mr. Balfour a sessional order was passed in 1896 allowing in that session twenty days for supply, with a provision for taking a vote, without further debate, on every grant left when the days expired, the time allowed being, he thought, about the average amount heretofore devoted to the subject.[300:2]As the grants in supply, unlike the clauses of a bill, can be brought before the House in any order that the minister may choose, there was not the same need of a closure by compartments; but in order to remove any fear that the government might hold back certain appropriations, Mr. Balfour said that the important grants, and those which any group of members wanted to discuss, would be taken first.[300:3]The resolution was renewed from year to year[300:4]until by the new rules of 1902 it was permanently embodied in the standing orders.[300:5]
As the rule now stands, twenty days,[300:6]all to come before Aug. 5, are allotted for the consideration of the estimates,[300:7]and on the days so allotted no other business can be taken before midnight.[300-8] At ten o'clock on the last day but one the Chairman must put to vote every question needed todispose of the grant under consideration; and then put in succession all the outstanding grants by classes, those in each class being taken together and put as a single question. At ten o'clock on the last day the Speaker follows the same process for closing the report stage of the estimates.
The real object of the debates in supply at the present day is not financial discussion, but criticism of the administration of the departments, their work being brought under review as their estimates are considered.[301:1]In that light the new procedure has worked very well. Complaint has been made that the government no longer cares what grants are brought forward for debate—leaving that to the Opposition,—or how long the discussion upon them may take, or whether it ends with a vote upon them or not, knowing very well that all these grants must be adopted under closure when the twenty days expire.[301:2]This is perfectly true; but on the other hand the procedure gives the fullest opportunity for criticising the administration, and forcing a discussion of grievances, the matters to be criticised being selected by the critics themselves. Although the Opposition, as in duty bound, resisted the adoption of some portions of the rule, it may be safely said that the rule itself will not be repealed by any government that may come to power.