110. The Lords and the Liberal Government, 1906-1907.—Thence-forward until 1907 the issue was largely quiescent. During a considerable portion of this period the Unionist party was in power, and between the upper chamber, four-fifths of whose members were Unionists, and the Unionist majority in the Commons substantial harmony was easily maintained. During the Liberal administration of 1893-1894 the Lords rejected Gladstone's second Home Rule Bill and mutilated and defeated other measures; but, although the Liberal leaders urged that the will of the people had been frustrated, the appeal for second chamber reform failed utterly to strike fire. With the establishment of the Campbell-Bannerman ministry, in December, 1905, the Liberals entered upon what has proved a prolonged tenure of power and the issue of the Lords was brought again inevitably into the forefront of public controversy. In consequence of the Lords' insistence upon an amendment of thefundamentals of the Government's Education Bill, late in 1906, and the openly manifested disposition of the Unionist upper chamber to obstruct the Liberal programme in a variety of directions,[150]the warfare between the houses once more assumed threatening proportions. A resolution introduced by the premier June 24, 1907, was adopted in the Commons after a three days' debate by a vote of 385 to 100, as follows: "That, in order to give effect to the will of the people as expressed by elected representatives it is necessary that the power of the other House to alter or reject bills passed by this House shall be so restricted by law as to secure that within the limits of a single parliament the final decision of the Commons shall prevail." It was announced that a bill carrying into effect the substance of this declaration would be introduced, and it was understood that the Government's plan contemplated a reduction of the maximum life of a parliament from seven years to five and the institution of a system of conference committees whereby agreement might be effected upon occasion between the two houses, reserving the eventual right of the Commons, after a third rejection by the Lords, to enact a measure into law alone. Preoccupied, however, with projects of general legislation, the Government postponed and eventually abandoned the introduction of its bill.
In the upper chamber a measure introduced by Lord Newton, providing for (1) a reduction of the hereditary element by requiring that a peer by descent alone should have a right to sit only if he were elected (for a single parliament) as a representative peer or possessed other stipulated qualifications and (2) the appointment by the crown of a maximum of one hundred life peers, was discussed at some length. The bill was withdrawn, but it was decided to create a Select Committee on the House of Lords, under the chairmanship of Lord Rosebery, and in December, 1908, this committee reported a scheme of reform in accordance with which (1) a peerage alone should not entitle the holder to a seat in the chamber; (2) the hereditary peers, including those of Scotland and Ireland, should elect two hundred representatives to sit in the upper house for each parliament; (3) hereditary peers who had occupied certain posts of eminence in the government and the army andnavy should be entitled to sit without election; (4) the bishops should elect eight representatives, while the archbishops should sit as of right; and (5) the crown should be empowered to summon four life peers annually, so long as the total did not exceed forty. This series of proposals failed utterly to meet the Liberal demand and no action was taken upon it. But it is to be noted that the Lords' Reconstruction Bill of 1911, to be described presently, was based in no small measure upon information and recommendations forthcoming from the Rosebery committee.[151]
111. The Lords and Money Bills.—In November, 1909, the issue was reopened in an unexpected manner by the Lords' rejection of the Government's Finance Bill, in which were included far-reaching proposals of the Chancellor of the Exchequer, Mr. Lloyd-George, respecting the readjustment of national taxation. This act of the upper chamber, while not contrary to positive law, contravened in so serious a manner long established custom that it was declared by those who opposed it to be in effect revolutionary. Certainly the result was to precipitate an alteration of first-rate importance in the constitution of the kingdom. The priority of the Commons within the domain of finance was established at an early period of parliamentary history; and priority, in time, was converted into thoroughgoing dominance. As early as 1407 Henry IV. recognized the principle that money grants should be initiated in the Commons, assented to by the Lords, and subsequently reported to the crown. This procedure was not always observed, but after the resumption by the two houses of their normal functions following the Restoration in 1660 the right of the commoners to take precedence in fiscal business was forcefully and continuously asserted. In 1671 the Commons resolved "that in all aids given to the king by the Commons, the rate or tax ought not to be altered by the Lords," and a resolution of 1678 reaffirmed that all bills granting supplies "ought to begin with the Commons." At no time did the Lords admit formally the validity of these principles; but, by refusing to consider fiscal measures originated in the upper chamber and to accept financial amendments there proposed, the Commons successfully enforced observance of them.
The rules in this connection upon which the Commons insisted have been summarized as follows: (1) The Lords ought not to initiate anylegislative proposal embodied in a public bill and imposing a charge on the people, whether by taxes, rates, or otherwise, or regulating the administration or application of money raised by such a charge, and (2) the Lords ought not to amend any such legislative proposal by altering the amount of a charge, or its incidence, duration, mode of assessment, levy or collection, or the administration or application of money raised by such a charge.[152]These rules, although not embodied in any law or standing order, were through centuries so generally observed in the usage of the two houses that they became for all practical purposes, a part of the constitutional system—conventional, it is true, but none the less binding. From their observance it resulted (1) that the upper chamber was never consulted about the annual estimates, about the amounts of money to be raised, or about the purposes to which those amounts should be appropriated; (2) that proposals of taxation came before it only in matured form and under circumstances which discouraged criticism; and (3) that, since the policy of the executive is controlled largely through the medium of the power of the purse, the upper house lost entirely the means of exercising such control. In 1860 the Lords, as has been mentioned, made bold to reject a bill for the repeal of the duties on paper; but the occasion was seized by the Commons to pass a resolution reaffirming vigorously the subordination of the second chamber in finance, and the next year the repeal of the paper duties was incorporated in the annual budget and forced through. Thereafter it became the invariable practice to give place to all proposals of taxation in the one grand Finance Bill of the year, with the effect, of course, of depriving the Lords of the opportunity to defeat a proposal of the kind save by rejecting the whole of the measure of which it formed a part.[153]
112. The Finance Bill of 1909 and the Asquith Resolutions.—The rejection of the Finance Bill in 1909,[154]following as it did the rejection of other important measures which the Liberal majority in the Commons had approved, raised in an acute form the question of the power ofthe Lords over money bills and precipitated a crisis in the relations between the two houses. On the one hand the House of Commons adopted, by a vote of 349 to 134, a memorable resolution to the effect that "the action of the House of Lords in refusing to pass into law the provision made by the House of Commons for the finances of the year is a breach of the constitution, and a usurpation of the privileges of the House of Commons"; and, on the other, the Asquith ministry came instantly to the decision that the situation demanded an appeal to the country. In January, 1910, a general election took place, with the result that the Government was continued in power, though with a reduced majority; and at the convening of the new parliament, in February, the Speech from the Throne promised that proposals should speedily be submitted "to define the relations between the houses of Parliament, so as to secure the undivided authority of the House of Commons over finance, and its predominance in legislation." The Finance Bill of the year was reintroduced and this time successfully carried through; but in advance of its reappearance the premier laid before the House of Commons a series of resolutions to the following effect:[155](1) that the House of Lords should be disabled by law from rejecting or amending a money bill; (2) that the power of the chamber to veto other bills should be restricted by law; and (3) that the duration of a parliament should be limited to a maximum period of five years. During the course of the debate upon these resolutions it was made clear that the Government did not desire the abolition of the Lords, but wished merely to have the legislative competence of the house confined to consultation, revision, and, subject to proper safeguards, delay. April 14, 1910, the resolutions were adopted in the Commons by substantial majorities,[156]and with them as a basis the Government proceeded with the framing of its bill upon the subject.
Meanwhile, March 14, there had been introduced in the House of Lords by Lord Rosebery an independent series of resolutions, as follows: (1) that a strong and efficient second chamber is not merely a part of the British constitution but is necessary to the well-being of the state and the balance of Parliament; (2) that such a chamber may best be obtained by the reform and reconstitution of the House of Lords; and (3) that a necessary preliminary to such a reform and reconstitution is the acceptance of the principle that the possession of a peerage shouldno longer of itself involve the right to sit and vote in the House. The first two of these resolutions were agreed to without division; the third, although vigorously opposed, was carried eventually by a vote of 175 to 17.
113. The Unionists and the Referendum.—The death of the king, May 6, halted consideration of the subject, and through the succeeding summer hope was centered in a "constitutional conference" participated in by eight representatives of the two houses and of the two principal parties. A total of twenty-one meetings were held, but all effort to reach an agreement proved futile and at the reassembling of Parliament, November 15, the problem was thrown back for solution upon the houses and the country. November 17 there was carried in the Lords, without division, a new resolution introduced by Lord Rosebery to the effect that in future the House of Lords should consist of Lords of Parliament in part chosen by the whole body of hereditary peers from among themselves and by nomination of the crown, in part sitting by virtue of offices held and qualifications possessed, and in part designated from outside the ranks of the peerage. A few days subsequently, the Government's Parliament Bill having been presented in the second chamber (November 21), Lord Lansdowne, leader of the Opposition in that chamber, came forward with a fresh series of resolutions designed to clarify the Unionist position in anticipation of the elections which were announced for the ensuing month. With respect to money bills it was declared that the Lords were "prepared to forego their constitutional right to reject or amend money bills which are purely financial in character," provided that adequate provision should be made against tacking, that questions as to whether a bill or any provision thereof were purely financial should be referred to a joint committee of the two houses (the Speaker of the Commons presiding and possessing a casting vote), and that a bill decided by such a committee to be not purely financial should be dealt with in a joint sitting of the two houses. With respect to all measures other than those thus provided for the resolutions declared that "if a difference arises between the two houses with regard to any bill other than a money bill in two successive sessions, and with an interval of not less than one year, and such difference cannot be adjusted by any other means, it shall be settled in a joint sitting composed of members of the two houses; provided that if the difference relates to a matter which is of great gravity, and has not been adequately submitted for the judgment of the people, it shall not be referred to the joint sitting, but shall be submitted for decision to the electors by referendum." It will be observed that these resolutions were hardly less drastic than were thosecarried through the Commons by the ministry. Their adoption involved the abolition of the absolute veto of the second chamber and might well involve the intrusting of interests which the peers held dear to the hazards of a nation-wide referendum.[157]None the less, the resolutions were agreed to without division, and, both parties having in effect pronounced the existing legislative system unsatisfactory, the electorate was asked to choose between the two elaborate substitutes thus proposed.
114. The Enactment of the Parliament Bill, 1911.—The appeal to the country, in December, yielded results all but exactly identical with those of the elections of the previous January. The Government secured a majority of 127, and in the new parliament, which met February 6, the Parliament Bill was reintroduced without alteration. On the ground that the measure had been submitted specifically to the people and had been approved by them, the ministry demanded its early enactment by the two houses. May 15 the bill passed its third reading in the Commons by a vote of 362 to 241. During the committee stage upwards of one thousand amendments were suggested. But the Government stood firm for the instrument as originally drawn and, while it accepted a few incidental changes, in the end it got essentially its own way.
Meanwhile, early in May, Lord Lansdowne introduced in the upper chamber a comprehensive bill which put in form for legislation the programme of reconstruction to which the more moderate elements in that chamber were ready, under the circumstances, to subscribe. The Lansdowne Reconstruction Bill proposed, at the outset, a reduction of the membership of the chamber to 350. Princes of the blood and the two archbishops should retain membership, but the number of bishops entitled to sit should be reduced to five, these to be chosen triennially by the whole body of higher prelates upon the principle of proportional representation. The remainder of the membership should comprise lords of parliament, as follows: (1) 100 elected from the peers possessing carefully stipulated qualifications, for a term of twelve years, on the principle of proportional representation, by the whole body of hereditary peers (including the Scotch and Irish), one-fourth of the number retiring triennially; (2) 120 members chosen by electoral colleges composed of members of the House of Commons divided for the purpose into local groups, each returning from three to twelve, under conditions of tenure similar to those prevailing in the first class; and (3) 100 appointed, from the peerage or outside, by the crownon nomination by the premier, with regard to the strength of parties in the House of Commons, and under the before-mentioned conditions of tenure. It was stipulated, further, that peers not sitting in the House of Lords should be eligible for election to the House of Commons, and that, except in event of the "indispensable" elevation of a cabinet minister or ex-minister to the peerage, it should be unlawful for the crown to confer the dignity of an hereditary peerage upon more than five persons during the course of any single year.
This body of proposals, it will be observed, related exclusively to thecompositionof the upper chamber. The Liberal leaders preferred to approach the problem from the other side and to assure the preponderance of the Commons by the imposition of positive restrictions upon thepowerswhich the Lords, under given conditions, might exercise. Lord Lansdowne's bill—sadly characterized by its author as the "deathblow to the House of Lords, as many of us have known it for so long"—came too late, and the chamber, after allowing it to be read a second time without division, was constrained to drop it for the Government's measure. July 20 the Parliament Bill, amended in such a manner as to exclude from its operation legislation affecting the constitution and other matters of "great gravity," was adopted without division. The proposed amendments were highly objectionable to the Liberals and, relying upon an understanding entered into with the king during the previous November relative to the creation of peers favorable to the Government's programme, the ministry let it be understood that no compromise upon essentials could be considered.[158]Confronted with the prospect of a wholesale "swamping,"[159]the Opposition fell back upon the policy of abstention and, although a considerable number of "last-ditchers" held out to the end, a group of Unionists adequate to carry the measure joined the supporters of the Government, August 10, in a vote not to insist upon the Lords' amendments, which meant, in effect, to approve the bill as adopted in the lower house.[160]The royal assent was extended August 18.
115. Provisions Relating to Money Bills.—In its preamble the Parliament Act promises further legislation which will define both the composition and the powers of a second chamber "constituted on a popular instead of an hereditary basis"; but the act itself relates exclusively to the powers of the chamber as it is at present constituted. The general purport of the measure is to define the conditions under which, while the normal methods of legislation remain unchanged, financial bills and proposals of general legislation may nevertheless be enacted into law without the concurrence of the upper house. The first signal provision is that a public bill passed by the House of Commons and certified by the Speaker to be, within the terms of the act, a "money bill" shall, unless the Commons direct to the contrary, become an act of Parliament on the royal assent being signified, notwithstanding that the House of Lords may not have consented to the bill, within one month after it shall have been sent up to that house. A money bill is defined as "a public bill which, in the judgment of the Speaker, contains only provisions dealing with all or any of the following subjects: the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the Consolidated Fund, or on money provided by Parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the payment thereof; or subordinate matters incidental to those subjects or any of them." A certificate of the Speaker given under this act is made conclusive for all purposes. It may not be questioned in any court of law.[161]
116. Provisions Relating to Other Public Bills.—The second fundamental stipulation is that any other public bill (except one to confirm a provisional order or one to extend the maximum duration of Parliament beyond five years) which is passed by the House of Commons in three successive sessions, whether or not of the same parliament, and which, having been sent up to the House of Lords at least onemonth, in each case, before the end of the session, is rejected by that chamber in each of those sessions, shall, unless the House of Commons direct to the contrary, become an act of Parliament on the royal assent being signified thereto, notwithstanding the fact that the House of Lords has not consented to the bill. It is required that at least two years shall have elapsed between the date of the second reading of such a bill (i.e., the first real opportunity for its discussion) in the first of these sessions of the House of Commons and the final passage of the bill in the third of the sessions. To come within the provisions of this act the measure must be, at its initial and its final appearances, the "same bill;" that is, it must exhibit no alterations save such as are rendered necessary by the lapse of time. And a bill is to be construed to be "rejected" by the Lords if it is not passed, or if amendments are introduced to which the House of Commons does not agree, or which the House of Commons does not suggest to the House of Lords at the second or third passage of the bill.
117. Effects of the Act.—By the provisions which have been enumerated the co-ordinate and independent position which, in law if not in fact, the British upper chamber, as a legislative body, has occupied through the centuries has been effectually subverted. Within the domain of legislation, it is true, the Lords may yet exercise influence of no inconsiderable moment. To the chamber must be submitted every project of finance and of legislation which it is proposed to enact into law, and there is still nothing save a certain measure of custom to prevent the introduction of even the most important of non-financial measures first of all in that house. But a single presentation of any money bill fulfills the legal requirement and ensures that the measure will become law. For such a bill will not be presented until it has been passed by the Commons, and, emanating from the cabinet, it will not be introduced in that chamber until the assent of the executive is assured. The upper house is allowed one month in which to approve or to reject, but, so far as the enactment of the bill is concerned, the result is the same in any case. Upon ordinary legislation the House of Lords possesses still a veto—a veto, however, which is no longer absolute but only suspensive. The conditions which are required for the enactment of non-fiscal legislation without the concurrence of the Lords are not easy to bring about, but their realization is not at all an impossibility. By the repeated rejection of proposed measures the Lords may influence public sentiment or bring about otherwise a change of circumstances and thus compass the defeat of the original intent of the Commons, and this is the more possible since a minimum period of two years is required to elapse before a non-fiscal measure canbe carried over the Lords' veto. But the continuity of political alignments and of legislative policy is normally such in Great Britain that the remarkable legislative precedence which has been accorded the Commons must mean in effect little less than absolute law-making authority.
118. Possible Further Changes and the Difficulties Involved.—What the future holds in store for the House of Lords cannot be discerned. The Parliament Act, as has been pointed out, promises further legislation which will define both the composition and the powers of a second chamber constituted on a popular instead of an hereditary basis; but no steps have as yet (1912) been taken publicly in this direction, nor has any authoritative announcement of purpose been made.[162]Many Englishmen to-day are of the opinion that, as John Bright declared, "a hereditary House of Lords is not and cannot be perpetual in a free country." None the less, it is recognized that the chamber as it is at present constituted contains a large number of conscientious, eminent, and able men, that upon numerous occasions the body has imposed a wholesome check upon the popular branch, and that sometimes it has interpreted the will of the nation more correctly than has the popular branch itself. The most reasonable programme of reform would seem to be, not a total reconstitution of the chamber upon a non-hereditary basis, but (1) the adoption of the Rosebery principle that the possession of a peerage shall not of itself entitle the possessor to sit, (2) the admission to membership of a considerable number of persons representative of the whole body of peers, and (3) the introduction of a goodly quota of life peers, appointed by reason of legal attainments, governmental experience, and other qualities of fitness and eminence.[163]
It is to be observed, however, that neither this programme nor any other that can be offered, unless it be that of popular election, affords much ground upon which to hope for harmonious relations between the upper chamber and a Liberal Government. The House of Lords—anyHouse of Lords in which members sit for life or in heredity—is inevitably conservativein its political tendencies and sympathies, which means, as conditions are to-day, that the chamber is certain to be dominated by adherents of the Unionist party. History shows that even men who are appointed to the upper house as Liberals become adherents almost invariably, in time, of Unionism. The consequence is that, while a Unionist administration is certain to have the support of a working majority in both of the houses, a Liberal government cannot expect ever to find itself in the ascendancy in the Lords. Its measures will be easy to carry in the lower house but difficult or impossible to carry in the upper one. This was the central fact in the situation from which sprang the Parliament Act of 1911. By this piece of legislation the Liberals sought to provide for themselves a mode of escape from theimpassein which the opposition of the Lords so frequently has involved them. The extent, however, to which the arrangements effected will fulfill the purpose for which they were intended remains to be ascertained.[164]"An upper house in a true parliamentary system," says Lowell, "cannot be brought into constant accord with the dominant party of the day without destroying its independence altogether; and to make the House of Lords a mere tool in the hands of every cabinet would be well-nigh impossible and politicallyabsurd."[165]Therein must be adjudged still to lie the essential dilemma of English politics.
119. Sessions.—Parliament is required by statute to meet at least once in three years;[166]but, by reason of the enormous pressure of business and, in particular, the custom which forbids the voting of supplies for a period longer than one year, meetings are, in point of fact, annual. A session begins ordinarily near the first of February and continues, with brief adjournments at holiday seasons, until August or September. It is required that the two houses shall invariably be summoned together. Either may adjourn without the other, and the crown can compel an adjournment of neither. A prorogation, which brings a session to a close, and a dissolution, which brings the existence of a parliament to an end, must be ordered for the two houses conjointly. Both take place technically at the command of the crown, actually upon the decision of the ministry. A prorogation is to a specified date, and it terminates all pending business; but the reassembling of the houses may be either postponed or hastened by royal proclamation.
120. The Opening of a Parliament.—At the beginning of a session the members of the two houses gather first of all in their respective chambers. The commoners are summoned thereupon to the chamber of the Lords, where the letters patent authorizing the session are read and the Lord Chancellor makes known the desire of the crown that the Commons proceed with the choosing of a Speaker. The Commons withdraw to attend to this matter, and on the next day the newly elected official, accompanied by the members, presents himself at the bar of the House of Lords, announces his election, and, through the Lord Chancellor, receives the royal approbation. Having demanded and received guarantee of the "ancient and undoubted rights and privileges of the Commons," the Speaker and the members then retire to their own quarters, where the necessary oaths are administered. If, as is not unusual, the king meets Parliament in person, he goes in state,probably the next day, to the House of Lords and takes his seat upon the throne, and the Lord Chamberlain is instructed to desire the Gentleman Usher of the Black Rod tocommandthe attendance once more of the Commons. If the sovereign does not attend, the Lords Commissioners bid the Usher todesirethe Commons' presence. In any case, the commoners present themselves and the king (or, in his absence, the Lord Chancellor) reads the Speech from the Throne, in which is communicated succinctly the nature of the business to which attention is to be directed. Following the retirement of the sovereign, the Commons again withdraw, the Throne Speech is reread and an address in reply voted in each house, and the Government begins the introduction of fiscal and legislative proposals. In the event that a session is not the first one of a parliament, the election of a Speaker and the administration of oaths are omitted.[167]
121. The Palace of Westminster.—From the beginning of parliamentary history the meeting-place of the houses has been regularly Westminster, on the left bank of the Thames. The last parliament which sat at any other spot was the third Oxford Parliament of Charles II., in 1681. The Palace of Westminster, in mediæval times outside, though near, the principal city of the kingdom, was long the most important of the royal residences, and it was natural that its great halls and chambers, together with the adjoining abbey, should be utilized habitually for parliamentary sittings. Of the enormous structure known as Westminster to-day (still, technically, a royal palace, though not a royal residence), practically all portions save old Westminster Hall were constructed after the fire of 1834. The Lords first occupied their present quarters in 1847 and the Commons theirs in 1850.[168]
122. The Chambers of the Commons and the Lords.—From opposite sides of a central lobby corridors lead to the halls in which the sittings ofthe two bodies are held, these halls facing each other in such a manner that the King's throne at the south end of the House of Lords is visible from the Speaker's chair at the north end of the House of Commons. The room occupied by the Commons is not large, being but seventy-five feet in length by forty-five in breadth. It is bisected by a broad aisle, at the upper end of which is a large table for the use of the clerk and his assistants and beyond this the raised and canopied chair of the Speaker. "Facing the aisle on each side long rows of high-backed benches, covered with dark green leather, slope upward tier above tier to the walls of the room; and through them, at right angles to the aisle, a narrow passage known as the gangway, cuts across the House. There is also a gallery running all around the room, the part of it facing the Speaker being given up to visitors, while the front rows at the opposite end belong to the reporters, and behind them there stands, before a still higher gallery, a heavy screen, like those erected in Turkish mosques to conceal the presence of women, and used here for the same purpose."[169]The rows of benches on the gallery sides are reserved for members, but they do not afford a very desirable location and are rarely occupied, save upon occasions of special interest. In the body of the house there are fewer than 350 seats for 670 members. As a rule, not even all of these are occupied, for there are no desks and the member who wishes to read, write, or otherwise occupy himself seeks the library or other rooms adjoining. The front bench at the upper end of the aisle, at the right of the Speaker, is known as the Treasury Bench and is reserved for members of the Government. The corresponding bench at the Speaker's left is reserved similarly for the leaders of the Opposition. In so far as is possible in the lack of a definite assignment of seats, members of avowed party allegiance range themselves behind their leaders, while members of more independent attitude seek places below the gangway. "The accident that the House of Commons sits in a narrow room with benches facing each other,and not, like most continental legislatures, in a semi-circular space, with seats arranged like those of a theatre, makes for the two-party system and against groups shading into each other."[170]
The hall occupied by the Lords is smaller and more elaborately decorated than that occupied by the Commons. It contains cross benches, but in the main the arrangements that have been described are duplicated in it. For social and ceremonial purposes there exists among the members a fixed order of precedence.[171]In the chamber, however, the seating is arranged without regard to this order, save that the bishops sit in a group. The Government peers occupy the benches on the right of the woolsack and the Opposition those on the left, while members who prefer to remain neutral take their places on the cross benches between the table and the bar.<[172]
123. Hours of Sittings.—In the seventeenth century the sittings of the Commons began regularly at 8.30 or 9 o'clock in the morning and terminated with nightfall. In the eighteenth century, and far into the nineteenth, they were apt to begin as late as 3 or 4 o'clock in the afternoon and to be prolonged, at least not infrequently, until toward daybreak. In 1888, however, a standing order fixed midnight as the hour for the "interrupting" of ordinary business, and in 1906 the hour was made 11 o'clock. Nowadays the House meets regularly on Mondays, Tuesdays, Wednesdays, and Thursdays at 2.45 and continues in session throughout the evening, the interval formerly allowed for dinner having been abolished in 1906. On Fridays, set apart, until late in the session, for the consideration of private members' bills, the hour of convening is 12 o'clock. At sittings on days other than Friday the first hour or more is consumed usually with small items of formal business and with the asking and answering of questions addressed to the ministers, so that the public business set for the day is reached at approximately 4 o'clock.[173]
124.Officers.—The principal officers of the House are the Speaker, the Clerk and his two assistants, the Sergeant-at-Arms and his deputies, the Chaplain, and the Chairman and Deputy Chairman of Ways and Means. The Clerk and the Sergeant-at-Arms, together with their assistants, are appointed for life by the crown, on nomination of the premier, but the Speaker and the Chairman and Deputy Chairman of Ways and Means are elected for a single parliament by the House.[174]All save the Chairman and his deputy are, strictly, non-political officers. The Clerk signs all orders of the House, indorses bills sent or returned to the Lords, reads whatever is required to be read during the sittings, records the proceedings of the chamber, and, with the concurrence of the Speaker, supervises the preparation of the official Journal. The Sergeant-at-Arms attends the Speaker, enforces the House's orders, and presents at the bar of the House persons ordered or qualified to be so presented. The Chairman of Ways and Means (in his absence the Deputy Chairman) presides over the deliberations of the House when the body sits as a committee of the whole[175]and exercises supervision over private bill legislation. Although a political official, he preserves, in both capacities, a strictly non-partisan attitude.
125. The Speakership.—The speakership arose from the need of the House when it was merely a petitioning body for a recognized spokesman, and although the known succession of Speakers begins with Sir Thomas Hungerford, who held the office in the last parliament of Edward III. (1377), there is every reason to suppose that at even an earlier date there were men whose functions were substantially equivalent. The Speaker is elected at the beginning of a parliament by and from the members of the House, and his tenure of office, unless terminated by resignation or death, continues through the term of that parliament. The choice of the House is subject to the approval of the crown; but, whereas in earlier days the king's will was at this point very influential, the last occasion upon which a Speaker-elect was rejected by the crown was in 1679. Though nominally elected, the Speaker is in fact chosen by the ministry, and he is pretty certain to be taken, in the first instance, from the party in power. During the nineteenth century, however, it became customary to re-elect a Speaker as long as he should be willing to serve, regardless of party affiliation.
126. The Speaker's Functions and Powers.—The functions of the Speaker are regulated in part by custom, in part by rules of the House, andin part by general legislation. They are numerous and, in the aggregate, highly important. The Speaker is, first of all, the presiding officer of the House. In this capacity he is a strictly non-partisan moderator whose business it is to maintain decorum in deliberations, decide points of order, put questions, and announce the result of divisions. The non-partisan aspect of the English speakership sets the office off in sharp contrast with its American counterpart. "It makes little difference to any English party in Parliament," says Mr. Bryce, "whether the occupant of the chair has come from their own or from hostile ranks.... A custom as strong as law forbids him to render help to his own side even by private advice. Whatever information as to parliamentary law he may feel free to give must be equally at the disposal of every member."[176]Except in the event of a tie, the Speaker does not vote, even when, the House being in committee, he is not occupying the chair. In the second place, the Speaker is the spokesman and representative of the House, whether in demanding privileges, communicating resolutions, or issuing warrants. There was a time when he was hardly less the spokesman of the king than the spokesman of the Commons, but the growth of independence of the popular chamber enabled him long ago to cast off this dual and extremely difficult rôle. The Speaker, furthermore, declares and interprets, though he in no case makes, the law of the House. "Where," says Ilbert, "precedents, rulings, and the orders of the House are insufficient or uncertain guides, he has to consider what course would be most consistent with the usages, traditions, and dignity of the House, and the rights and interests of its members, and on these points his advice is usually followed, and his decisions are very rarely questioned.... For many generations the deference habitually paid to the occupant of the chair has been the theme of admiring comment by foreign observers."[177]Finally, the fact should be noted that by the Parliament Act of 1911 the Speaker is given sole power, when question arises, to determine whether a given measure is or is not to be considered a money bill.[178]Upon his decision may hinge the entire policy of the Government respecting a measure, and even the fate of the measure itself. The Speaker's symbol of authority is the mace, which is carried before him when he formally enters or leaves the House and lies on the table before him when he is in the chair. He has an official residence in Westminster, and he receives a salary of £5,000 a year which is paid from the Consolidated Fund, being on that account not subjectto change when the annual appropriation bills are under consideration. At retirement from office a Speaker is likely to be pensioned and to be elevated to the peerage.[179]
127. Quorum.—As fixed by a resolution of 1640, a quorum for the transaction of business in the Commons is forty. If at any time during a sitting the attention of the Speaker is directed to the fact that there are not forty members present, the two-minute sand-glass which stands upon the Clerk's table is inverted and the members are summoned from all portions of the building as for a division. At the close of the allotted two minutes the Speaker counts the members present, and if there be not forty the House adjourns until the time fixed for the next regular sitting. Except upon occasions of special interest, the number of members actually occupying the benches is likely to be less than two hundred, although most of the remaining members are within the building or, in any case, not far distant.
128. Kinds of Committees.—Like all important and numerous legislative bodies, the House of Commons expedites the transaction of the business which devolves upon it through the employment of committees. As early as the period of Elizabeth the reference of a bill, after its second reading, to a select committee was an established practice, and in the reign of Charles I. it became not uncommon to refer measures to committees of the whole house. The committees of the House to-day may be grouped in five categories: (1) the Committee of the Whole; (2) select committees on public bills; (3) sessional committees; (4) standing committees on public bills; and (5) committees on private bills. Until 1907 a public bill, after its second reading, went normally to the Committee of the Whole; since the date mentioned, it goes there only if the House so determines. The Committee of the Whole is simply the House of Commons, presided over by the Chairman of Committees in the place of the Speaker, and acting under rules of procedure which permit virtually unrestricted discussion and in other ways lend themselves to the free consideration of the details of a measure. When the subject in hand relates to the providing of revenue the body is known, technically, as the Committee of Ways and Means; when to appropriations, it is styled the Committee of the Whole on Supply, or simply the Committee of Supply.
129.Select and Sessional Committees.—Select committees consist, as a rule, of fifteen members and are constituted to investigate and report upon specific subjects or measures. It is through them that the House collects evidence, examines witnesses, and otherwise obtains the information required for intelligent legislation. After a select committee has fulfilled the immediate purpose for which it was constituted it passes out of existence. Each such committee chooses its chairman, and each keeps detailed records of its proceedings, which are included, along with its formal report, in the published parliamentary papers of the session. The members may be elected by the House, but in practice the appointment of some or all is left to the Committee of Selection, which itself consists of eleven members chosen by the House at the beginning of each session. This Committee of Selection, which appoints members not only of select committees but also of standing committees and of committees on private and local bills, is made up after conference between the leaders of the Government and of the Opposition; and the committees whose members it designates are always so constituted that they contain a majority favorable to the Government. The number of select committees is, of course, variable, but it is never small. A few are constituted for an entire year and are known as sessional committees. Of these, the Committee of Selection is itself an example; others are the Committee on Public Accounts and the Committee on Public Petitions.
130. Standing Committees.—Beginning in 1882, certain great standing committees have been created, to the general end that the time of the House may be further economized. Through a change of the standing orders of the chamber effected in 1907 the number of such committees was raised from two to four, and all bills except money bills, private bills, and bills for confirming provisional orders—that is to say, all public non-fiscal proposals—are required to be referred to one of these committees (the Speaker to determine which one) unless the House otherwise directs. It is expected that measures so referred will be so fully considered in committee that they will consume but little of the time of the House. Each of the four committees consists of from sixty to eighty members, who are named by the Committee of Selection in such a manner that in personnel they will represent faithfully the composition of the House as a whole. One of them, consisting of all the representatives of Scotch constituencies and fifteen other members, is constituted with a special view to the transaction of business relating to Scotland. The chairmen of the four are selected (from its own ranks) by a "chairman's panel" of not more than eight members designated by the Committee of Selection. The procedureof the standing committees is closely assimilated to that of the Committee of the Whole, and, in truth, they serve essentially as substitutes for the larger body.[180]
131. Sittings and Attendance.—It is required that the two houses of Parliament shall be convened invariably together, and one may not be prorogued without the other. The actual sittings of the Lords are, however, very much briefer and more leisurely than are those of the Commons. Normally the upper chamber meets but four times a week—on Mondays, Thursdays, and Fridays at 4.30 o'clock and on Tuesdays at 5.30. By reason of lack of business or indisposition to consume time in the consideration of measures whose eventual enactment is assured, sittings not infrequently are concluded within an hour, although, of course, there are occasions upon which the chamber deliberates seriously and at much length. A quorum for the transaction of business is fixed at the number three; although it is but fair to observe that if a division occurs upon a bill and it is found that there are not thirty members present the question is declared not to be decided. Save upon formal occasions and at times when there is under consideration a measure in whose fate the members are immediately interested, attendance is always meager. There are members who after complying with the formalities incident to the assumption of a seat, rarely, and in some instances never, reappear among their colleagues. It thus comes about that despite the fact that nominally the House of Lords is one of the largest of the world's law-making assemblies, the chamber exhibits in reality little of the unwieldiness ordinarily characteristic of deliberative bodies of such magnitude. The efficiency of the chamber is more likely to be impaired by paucity of attendance than otherwise.
132. Officers.—The officers of the House of Lords are largely appointive, though in part elective. Except during the trial of a peer,[181]the presiding official is the Lord Chancellor, appointed by the crown on the advice of the premier. The duty of presiding in the Lords, as has been explained, is but one of many that fall to this remarkable dignitary.[182]If at the time of his appointment an incumbent is not a peer he is reasonably certain to be created one, although there is no legal requirement to this effect. The theory is that the woolsack which comprises the presiding official's seat is not within the chamber proper[183]and that the official himself, as such, is not a member of the body. The powers allowed him are not even those commonly possessed by a moderator. In the event that two or more peers request the privilege of addressing the chamber, the peers themselves decide which shall have the floor. Order in debate is enforced, not by the Chancellor, but by the members, and when they speak they address, not the chair, but "My Lords." Although, if a peer, the Chancellor may speak and vote as any other member, he possesses as presiding officer no power of the casting vote. In short, the position which the Chancellor occupies in the chamber is all but purely formal. In addition to "deputy speakers," designated to preside in the Chancellor's absence, the remaining officials of the Lords who owe their positions to governmental appointment are the Clerk of Parliament, who keeps the records; the Sergeant-at-Arms, who attends personally the presiding officer and acts as custodian of the mace; and the Gentleman Usher of the Black Rod, a pompous dignitary whose function it is to summon the Commons when their attendance is required and to play a more or less useful part upon other ceremonial occasions. The one important official whom the House itself elects is the Lord Chairman of Committees, whose duty it is to preside in Committee of the Whole.
133. Nature and Extent of Privileges.—On the basis in part of custom and in part of statute there exists a body of definitely established privileges, some of which appertain to the Commons as a chamber, some similarly to the Lords, and some to the individual members of both houses. The privileges which at the opening of a parliament the newly-elected Speaker requests and, as a matter of course, obtains for the chamber over which he presides include principally those of freedom from arrest, freedom of speech, access to the sovereign, and a "favorable construction" upon the proceedings of the House. Freedom from arrest is enjoyed by members during a session and a period of forty days before and after it, but it does not protect amember from the consequences of any indictable offense nor, in civil actions, from any process save arrest. Freedom of speech, finally guaranteed effectually in the Bill of Rights, means simply that a member may not be held to account by legal process outside Parliament for anything he may have said in the course of the debates or proceedings of the chamber to which he belongs. The right of access to the sovereign belongs to the Commons collectively through the Speaker, but to the Lords individually. With the growth of parliamentary government both it and the privilege of "favorable construction" have ceased to possess practical importance. Another privilege which survives is that of exemption from jury duty, though no longer of refusing to attend court in the capacity of a witness. Each house enjoys the privilege—for all practical purposes now the right—of regulating its own proceedings, of committing persons for contempt, and of deciding contested elections. The last-mentioned function the House of Commons, however, has delegated to the courts. A privilege jealously retained by the Lords is that of trial in all cases of treason or felony by the upper chamber itself, under the presidency of a Lord High Steward appointed by the crown. The Lords are exempt from arrest in civil causes, not merely during and immediately preceding and succeeding sessions, but at all times, and they enjoy all the rights, privileges, and distinctions which, through law or custom, have become inherent in their several dignities.
134. Payment of Members of the Commons.—Until recently the fact that there was no salary attached to service in Parliament operated to debar from election to the Commons men who were not of independent means. Through some years the Labor Party was accustomed to provide funds wherewith its representatives were enabled to maintain themselves at the capital,[184]but this arrangement affected only a small group of members and was of an entirely private and casual nature. Public and systematic payment of members, to the end that poor but capable men might not be kept out of the Commons, was demanded by the Chartists three-quarters of a century ago, and from time to time after 1870 there was agitation in behalf of such a policy. In 1893, and again in 1895, a resolution in favor of the payment of members was adopted in the Commons, and March 7, 1906, a resolution was carried to the effect that every member should be paid a salary of £300 annually. But it was not until 1911 that a measure of the kind could be got through the upper chamber. Fresh impetus was afforded by the Osborne Judgment, in which, on an appeal from the lower courts, the House of Lords ruled in December, 1909, thatthe payment of parliamentary members as such from the dues collected by labor organizations was contrary to law. The announcement of the Judgment was followed by persistent agitation for legislation to reverse the ruling. In connection with the budget presented to the Commons by the Chancellor of the Exchequer May 16, 1911, the proposition was made, not to take action one way or the other upon the Lords' decision, but to provide for the payment to all non-official members of the House of Commons of a yearly salary of £400; and with little delay and no great amount of opposition the proposal was enacted into law. The amount of the salary provided is not large, but it is ample to render candidacy for seats possible for numbers of men who formerly could not under any circumstances have contemplated a public career.[185]
When the king summons the two chambers he does so, "being desirous and resolved as soon as may be to meet his people, and to have their advice in Parliament." No mention is made of legislative or financial business, and, technically, Parliament is still essentially what originally it was exclusively, i.e., a purely deliberative assemblage. Practically, however, the mere discussion of public questions and the giving of advice to the crown has become but one of several distinctive parliamentary functions. The newer functions which, with the passing of time, have acquired ever increasing importance are, in effect, three. The first is that of criticism, involving the habitual scrutiny and control of the measures of the executive and administrative organs. The second is the exercise, under limitations to be described, of the power of judicature. The third, and much the most important, is the function of public and private legislation and of fiscal control.
135. Criticism: Ministerial Responsibility.—Parliament does not govern and is not intended to govern. Never save when the Long Parliament undertook the administration of public affairs through committees of its members has Parliament asserted a disposition to gather immediately into its own hands those powers of state which are executive in character. At the same time, the growth of parliamentary government has meant the establishment of a connection between the executiveand the parliamentary chambers (principally the Commons) as close as may be so long as separateness of organization is still maintained. The officials who comprise the working executive are invariably members of Parliament. They initiate public measures, introduce them, advocate and defend them, and, in general, guide and control the conduct of public business both inside and outside the chambers. But for every act they are responsible directly to the House of Commons. They may continue in power only so long as they are supported by a majority in that chamber. And their conduct is subject continually to review and criticism, through the instrumentality of questions, formal inquiries, and, if need be, judicial procedure.
It is within the competence of any member to address a question to any minister of the crown who is also a member, to obtain information. Except in special cases, notice of questions must be given at least one day in advance, and a period of approximately three-quarters of an hour is set apart at four sittings every week for the asking and answering of such questions. A minister may answer or decline to answer, but unless a declination can be shown to arise from legitimate considerations of public interest its effect politically may be embarrassing. In any event, there is no debate, and in this respect the English practice differs from the French "interpellation."[186]The asking of questions is liable to abuse but, as is pointed out by Ilbert, "there is no more valuable safeguard against maladministration, no more effective method of bringing the searchlight of criticism to bear on the action or inaction of the executive government and its subordinates. A minister has to be constantly asking himself, not merely whether his proceedings and the proceedings of those for whom he is responsible are legally or technically defensible, but what kind of answer he can give if questioned about them in the House, and how that answer will be received."[187]Any member is privileged to bring forward a motion censuring the Government or any member or department thereof, and a motion of this sort, when emanating from the leader of the Opposition, constitutes a vote of confidence upon whose result may depend the continued tenure of the ministry. By a call upon the Government or a given department for information, by the constitution of parliamentary committees, departmental committees, or royal commissions, and, in particular by taking advantage of the numberless opportunities afforded by the enactment of appropriation bills, the House of Commons may further impose upon the executive the most thoroughgoingresponsibility and control. "A strong executive government, tempered and controlled by constant, vigilant, and representative criticism," is the ideal at which the parliamentary institutions of Great Britain are aimed.[188]
136. Judicial Powers: Impeachment and Attainder.—The functions of a judicial character which, in the capacity of the High Court of Parliament, the two chambers fulfill are of secondary importance and do not call for extended discussion. So far as the law of the subject goes, they comprise (1) the powers possessed by each of the houses to deal with the constitution and conduct of its own membership; (2) the power of the Lords to try their own members when charged with treason or felony; (3) the jurisdiction of the Lords in the capacity of a final court of appeal for the United Kingdom; (4) the power of the two houses, acting jointly, to carry through impeachments of public officers and to enact bills of attainder; and (5) the effecting of the removal of certain kinds of public officers through the agency of an address from both houses to the crown. In days when the king and the ministers were disposed to defy the law and to evade responsibility the power of impeachment by the Commons at the bar of the Lords, originated as early as the reign of Edward III., was of the utmost importance. When, however, the House of Commons progressed in competence to the point where it was able to review and control the conduct of ministers with such thoroughness and continuity as to make it impossible for them to conduct business without a parliamentary majority, impeachment lost its value and fell into disuse. The last occasion upon which impeachment proceedings were instituted was in 1805.[189]Procedure by bill of attainder, arising from the legislative omnipotence of Parliament and following the ordinary course of legislation, is also obsolete.
137. The House of Lords as a Court.—Most important among surviving parliamentary functions of a judicial character is the exercise of appellate jurisdiction by the House of Lords. The judicial authority of the Lords is an anomaly, although as it is actually exercised it does not seriously contravene the principle which forbids the bringing together of judicial and legislative powers in the same hands. Historically, it arose from a confusion of the functions of two groups of men which were long largely identical in personnel, i.e., the Great Council,on the one hand, and the Lords of Parliament, on the other. In the reign of Henry IV. the Commons asked specifically to be relieved from judicial business, and the parliamentary jurisdiction which survived was recognized thereafter to be vested in the House of Lords alone. From an early date this jurisdiction was, as it is to-day, both original and appellate. As a court of first instance the chamber acquired the right to try peers charged with treason and felony and, on the accusation of the House of Commons, to bring to justice, through the process of impeachment, offenders who were not of the peerage. Nowadays these powers are of no practical consequence.
The position of the Lords as an appellate tribunal, however, is still a fundamental fact in the judicial system. Starting with control, by way of appeal, over the courts of common law in England, the chamber acquired in time a similar control over the English courts of chancery, and eventually over the courts of both Scotland and Ireland. Its jurisdiction has stopped short only of the ecclesiastical courts, and of the courts of the outlying portions of the Empire, appeals from which are heard in the Judicial Committee of the Privy Council. By the Supreme Court of Judicature Act of 1873, whereby the higher tribunals of the realm were remodelled, the appellate jurisdiction of the Lords was abolished outright; but in 1876, before the measure had been put in operation the plan was modified and there was passed the Appellate Jurisdiction Act whereby the appellate functions of the Lords were restored and provision was made for the creation at first of two, later of three, and eventually of four, salaried life peers, to be selected from men of eminence in the law, and to be known as Lords of Appeal in Ordinary. In so far as it is controlled by statute at all, the appellate jurisdiction of the chamber is regulated to-day by this measure. Nominally, judicial business is transacted by the House as a whole, and every member has a right not only to be present but to participate in the rendering of decisions. Actually, such business is transacted by a little group of law lords (the attendance of but three being necessary) under the presidency of the Lord Chancellor, and the unwritten rule which prohibits the presence at judicial sessions of any persons save the law lords is quite as strictly observed as is any one of a score of other important conventions of the constitution.[190]Under the act of 1876 it is within the competence of the law lords to sit and to pronounce judgments in the name of the House at any time, regardless of whether Parliament is in session.[191]A sitting of the Court is, technically, asitting of the Lords, and all actions taken are entered in the Journal of the House as a part of its proceedings.[192]
138. Control of Legislation and Finance.—The principal and altogether most indispensable ends which Parliament to-day subserves are those of legislation and of financial control. Many of the measures, important and unimportant, under which the affairs of the realm are regulated are but temporary and require annual re-enactment, and the volume of fresh legislation which is unceasingly demanded is all but limitless. Similarly, to employ the words of Anson, the revenues which accrue to the crown and can be dealt with independently of Parliament would hardly carry on the business of government for a day,[193]and not only does Parliament (in effect, the House of Commons) by its appropriation acts make possible the legal expenditure of virtually all public moneys; it provides, by its measures of taxation, the funds from which appropriations are made.
By reason of the supreme importance which attaches to the legislative and fiscal activities of the two chambers it is necessary that attention be directed at this point to the character of the procedure which these activities involve. For the purpose in hand it will be sufficient to speak of only the more important principles of procedure in relation to the three fundamental phases of legislative work: (1) the enactment of non-financial public bills, (2) the adoption of money bills, and (3) the passage of private bills. And within at least the first two of these domains the preponderance of the Commons is such that the procedure of that chamber alone need be described. The procedure of the two chambers upon bills is substantially the same, although, as is illustrated by the fact that amendments to bills may be introduced in the Lords at any stage but in the Commons at only stipulated stages, the methods of conducting business in the upper house are more elastic than those prevailing in the lower.
139. Fundamental Principles.—The legislative omnipotence of Parliament has been emphasized sufficiently.[194]Any sort of measure upon any conceivable subject may be introduced and, if a sufficient numberof the members are so minded, enacted into law. No measure may become law until it has been submitted for the consideration of both houses, but under the terms of the Parliament Act of 1911 it has been rendered easy for money bills, and not impossible for bills of other sorts, to be made law without the assent of the House of Lords. In the ordinary course of things, a measure is introduced in one house, put through three readings, sent to the other house, put there through the same routine, deposited with the House of Lords to await the royal assent,[195]and, after having been assented to as a matter of course, proclaimed as law. Bills, as a rule, may be introduced in either house, by the Government or by a private member. It is important to observe, however, in the first place, that certain classes of measures must originate in one or the other of the houses, e.g., money bills in the Commons and bills of attainder and other judicial bills in the Lords, and, in the second place, that with the growth of the leadership of the Government in legislation the importance, if not the number, of privately introduced bills has tended steadily to be decreased, and likewise the chances of their enactment.
140. Public Bills: First and Second Readings.—The steps through which a public bill, whether introduced by the Government or by a private member, must pass in the Commons are still numerous, but by the reduction of some of them to sheer formalities which involve neither debate nor vote the actual legislative process has been made much more expeditious than once it was. The necessary stages in the enactment of a bill in either house are, as a rule, five: first reading, second reading, consideration by committee, report from committee, and third reading. Formerly the introduction of a measure involved almost invariably a speech explaining at length the nature of the proposal, followed by a debate and a vote, sometimes consuming, in all, several sittings. Nowadays only very important Government bills are introduced in this manner. In the case of all other bills the first reading has become a mere formality, involving nothing more than a motion on the part of a member, official or private, for permission to bring in a measure and the giving of leave by the House, almost invariably without discussion. Upon all measures save the most important Government projects, opportunity for debate is first afforded at the second reading, although the discussion at this stage must relate to general principles rather than to details. By the adoption of a motion that the bill be read a second time "this day six months" (or at some other date falling beyond the anticipated limits of the session) a measure may at this point be killed.
141.Public Bills: Later Stages.—A bill which survives the second reading is "committed." Prior to 1907 it would go normally to the Committee of the Whole. Nowadays it goes there if it is a money bill or a bill for confirming a provisional order,[196]or if, on other grounds, the House so directs; otherwise it goes to one of the four standing committees, assignment being made by the Speaker. This is the stage at which the provisions of the measure are considered in detail and amendments are introduced. After the second reading, however, a bill may be referred to a select committee, and in the event that this is done a step is added to the process, for after being returned by the select committee the measure goes to the Committee of the Whole or to one of the standing committees. Eventually the bill is reported back to the House. If reported by a standing committee or, in amended form by the Committee of the Whole, it is considered by the House afresh and in some detail; otherwise, the "report stage" is omitted. Finally comes the third reading, the question now being whether the House approves the measure as a whole. At this stage any amendment beyond verbal changes necessitates recommitment. The carrying of a measure through these successive stages is spread over, as a rule, several days, and sometimes several weeks, but it is not impossible that the entire process be completed during the period of a sitting. Having been adopted by the originating house, a bill is taken by a clerk to the other house, there to be subjected to substantially the same procedure. If amendments are introduced, it is sent back in order that the suggested changes may be considered by the first house. If they are agreed to, the measure is sent up for the royal approval. If they are rejected and an agreement between the two houses cannot be reached, the measure falls.[197]