.w% Mj^ '.*r*i%t m i i [This Memorandmn^ uith its references^ icas prepared for the use of the Committees on the Business of the House of Commons which sat in 1871 a7id 1878. It now includes the suggestions made to the latter Committee.] W. Eathbone Private.] MEMORANDUM OF PROPOSALS MADE AT VARIOUS TIMES FOR FORWARDING THE DESPATCH OF PUBLIC BUSINESS IN PARLIAMENT. The object of improvements in tlie conduct of Public Business should be to let the House understand exactly what questions they will have to discuss, and to prevent surprises, and also to give some certainty to our proceedings. — Lord Eversley, Evidence lefure Select Committee of 1854 on the Business of the House, page 55. 1881. Vacheh & Sons, Pbinters, 29, Parliament Street, and 62, MitLBANK Steeet, Westminster. ~ UIUC w / A 2^^ Memorandum of Proposals made at various times for promot- ing the Despatch of Public Business in Parliament with reference to the Reports and Proceedings from the Select Committee on Public and Private Business, 1837, the Select Committee on Public Business 1848, the Select Committee on the Business of the House 1854, the Select Committee on the Statute Laav Commission, 1857, the Select Committee on the Business of the House 1861, Ditto House of Lords, the Joint Committee of the House of Lords and the House of Commons on the Despatch of Business in Parliament 1869, the Select Committee on the Business of the House 1871, and the Select Committee on Public Business 1878. Proposals. 1. Instructions and Model Bills to be circulated amongst Draftsmen. References. Select Committee 1857. p. 23. Mr. G. K, Eickards, p. 52. Sir T. Erskine May. 2. All Public Bills and Amendments thereon to be revised by a legal officer. Select Committee 1857. p. 4. Mr. W. Coulson. p. 25. Mr. G. K. Rickards. p. 32. Mr. H. B, Ker. p. 49. Sir T. Erskine May. p. 86. Mr. G. Goode. 3. The officer to be the same person for both Houses. Select Committee 1857. p. 25. Mr. G. K. Rickards. p. 55. Sir T. Erskine May. Proposals. References. 4. Leave to intro- duce Bills to be re- fused in certain cases. Select Committee 1878. p. 66 (Questions 608, 656). Mr. Speaker. [Matter of practice. No resolution necessary.] p. 70 (Question 660). Mr. Speaker. [If this practice were revived, Members whose Bills were refused would not feel that it was an act of discourtesy.] p. 73 (Questions 661-668). 5. Any three Mem- bers depositing a Bill in the Public Bill Office, and placing their names on the back of it, may have it printed and cir- culated. Select Committee 1878. p. iv. Report Resolution (4). p. 17 (Questions 161-163). Sir T. E. May. p. 66 (Question 60S). Mr. Speaker. p. 71 (Questions 675, 676). Mr. Speaker. [As to depositing Bill in Public Bill Office.] 72 (Question 687). Mr. Speaker. [Quite new principle for the House to order matter to be printed of which it had no cognizance.] 74 (Question 712). Mr. S2)eiiker. [No objection to a Bill being printed at the expense of a Member if House so authorises! . P- P- 6. On croino; into Committee of Supply Speaker to leave the Chair without dis- cussion. Select CoxMmittee 1854. p. iv. Report. p. xi. Sir John Pakington. p. 1 7. Mr. E. P. Bouverie. [No discussion ex- cept upon the question that "Mr. Speaker do now leave the Chair."] p. 37. Sir T. Erkine May. [Provided the Army, Navy and Ordnance Estimates, or the Civil Service Estimates, having been respectively referred to such Committee, and partly considered therein, be ap- pointed for further consideration on that -Iny.] Proposals. References. p. 55. Mr. Specaker. [Unless previous notice of amendment to the question that " Mr. Speaker do leave the Chair."] Select Committee 18G1. ]). iv. Report. }). L Mr. Speaker. [The House having once gone into Committee on the four great heads of the Army, the Navy, the Revenue Departments, and the Civil Service.] p. 38. Mr. W. N. Massey. [Ditto]. Select Committee 1871. p. iii. Report. [One day in the week (not Thursday or Friday) to be fixed on which House should go into Committee of Su})ply at once without motions preceding it.] p. 1 (Question 19). Sir T. .g. May. p. 28 (Question 295). Mr. Speaker. Select Committee 1878. p. iv. Report Resolution (1). [WhenSu})ply or Ways and Means stands as first Order on IMonday, Speaker to leave Chair without putting any question.] p. 1 (Question 2). Sir T. E. May. p. 5 (Question 28). Sir T. E. May. [Per- sonally should prefer proposal to apply to any day on whicli Government Orders of the Day have precedence, and Supply stands as first Order.] p. 10 (Question 87). Sir T. E. May. [If Friday Avere maintained as a Suj)ply night, quite enough opportunity Mould be afforded for the discussion of griev- ances.] p. 42 (Question 3G7). Mr. Speaker. [Valu- able in producing order and certainty, but possibly open to objection that, if Supply were down for every Monday, supplies Proposals. References. might be voted without Members of the House having an opportunity of raising any Amendments.] (Question 367). Mr. Speaker. [Prefers Resolution of 1872.] {See Questions 368, 548, 549.) p. 44 (Questions 381-396). Mr. Speaker. [Opportunity of raising irrelevant Amendments would be shut out.] p. 46 (Questions 409-418). Mr. Speaker. [Difficulty of limiting character of Amendments.] \). 47 (Questions 419-427). Mr. Speaker. [Postponing Amendments to stage of Report merely transposes waste of time.] p. 51 (Question 449). Mi'. Speaker). [Govern- ment should have the choice of either Monday or Thursday.] p. 51 (Question 454). Mr. Speaker. [Prefers Minister's Statement to be made with Speaker in the Chair, if Resolution of 1872 adopted.] p. 51 (Question 456). Mr. Speaker. [After Minister's Statement, Members might bring forward their Motions]. p. 54 (Question 500). Mr. Speaker. [This pi an would curtail opportun ities of raising grievances when irrelevant.] p. 55 (Question 510). Mr. Speaker. [Enter- ing upon Supply early would to some extent obviate necessity for Votes on Account.] 7. Principle of a Select Committee 1848. Bill not to be redis- p. 3. Mr. Speaker, cussed after Second Select Committee 1854. Reading. p. v. Report. p. X. Sir John Packington. pp. 35, 36. Sir T. Erskine May. Proposals. References. 8. Select Com- mittees to be chosen by a Committee of Selection, expressly appointed for that purpose. 9. The number of a Select Committee to be reduced from 15 toll. 10. Member mov- ing for a Select Com- mittee to be ex officio Member thereof. 11. Grand Commit- tees might be consti- tuted for considera- tion of Public Bills. Select Committee 1871. pp. 5, 6 (Questions 36-40). Sir T. E. May. p. 19 (Question 204), Sir T. E. May. p. 31 (Question 312). Mr. Speaker. Select Committee 1854. p. 41. Sir T. Erskine May. pp. 49-58. Mr. Speaker. Select Committee 1854. p. 41. Sir T. Erskine May. p. 58. Mr. Speaker. Select Committee 1871. p. 10 (Questions 82-84). Sir T. E. May. Select Committee 1854. p. 58. Mr. Speaker. Select Committee 1871. p. 6 (Questions 41-45). Sir T. E. May. [All who came should have voices. It might sit independently of sittings of the House. Question 41.] [House might reserve power to deal with Report of Committee just as it now deals with Report of Com- mittee of whole House. Question 45.] p. 11 (Question 98). Sir T. E. May. [Com- mittee of Supply to be Committee of whole House.] p. 17 (Question 183). Sir T. E. May. p. 18 (Question 190). Sir T. E. May. [House divided according to nature of subjects.] p. 23 (Questions 249-251). Sir T. E. May. [Bills of primary importance should be discussed in Committee of whole House. Proposals. References* These occupy the longest time. This points to expediency of referring Bills not involving party considerations to these Committees.] pp. 32-33 (Question 328). Mr. Speaker. 12. Bills referred Select Committee 1854. to a Select Committee p. x. Sir Jolm Pakington. not to be re-commit- p. 31. Sir T. E. May. ted to Committee of p. 49. Mr. Speaker [in particular cases], whole House unless Select Committee 1861. so ordered. p. viii. Eeport. p. xii. Ditto [recommended by Committee], pp. 19-21. Mr. Speakei. [Parts of the Bill to which exception was taken might be re-committed. Select Committee 1871. pp. 18, 19 (Questions 19.5, 196). Sir T.E.May. p. 32 (Question 321 j. Mr. Speaker. [If the House was to decide that a division of labour should take place ; Report might be proceeded with, if no motion made to re-commit Bill.] Select Committee 1878. pp. iii, iv. Report. [Not necessary to make any new order for the purpose of en- abling the House to exercise its un- doubted right of negativing or omitting the stage of Committee. The practice may be conveniently reverted to in the case of Consolidation Bills, and of some others.] p. 22 (Questions 203-207). Sir T. E. May. [Unless any Member moved the re-com- mitment of the Bill.] p. 22 (Question 208). ) Sir T. E. May. V [Facilities for passing p. 2.5 (Question 233). ) Consolidation Bills.] Proposals. References. 1 3. Motion for ad- joiirnment to be made without debate. 14. After two mo- tions for adjournment question to be peremp- torily put. p. 74 (Question 713). Mr. Speaker. [At- taches very great importance to it. Generally concurs in all Sir T. E. May's evidence on the matter.] p. 76 (Questions 726, 727). Mr. Speaker. [If adopted, Select Committees should be appointed in a different manner from present practice.] p. 76 (Questions 726-731). Mr. Speaker. [Manner of appointing such Select Com- mittees.] Select Committee 1848. p. 1. Mr. Speaker. p. 13. Mr. E. Curtis, of New York. [The "previous question" in the United States Congress.] Select Committee 1854. p. 43. Sir T. E. May. [Explanation should be permitted, but not debate.] Select Committee 1861. p. xi. Report. p. 44. Mr. W. N. Massey. Select Committee 1878. p. 36 (Question 323). Mr. Speaker. [There is considerable difficulty in the matter.] Select Committee 1871. p. 7 (Question 53). Sir T. E. May. [After two motions for adjournment had been negatived competent for Member to move " that the question be now put," which should be decided without amendment or debate.! 15. In Committee of whole House no Member to move more than once during de- bate on the same question that the Chairman do report Select Committee 1878. p. iv. Report Resolution (5). p. 26 (Questions 244-253). Sir T. E. May. (Question 247). [The operation of the rule is limited; but, as far as it goes, it seems to be in the right direction.] p. 82 (Questions 804, 805). Mr. Raikes. 10 Proposals. References. progress or tliat the Chairman do leave the chair, nor to speak more than once to each separate motion; and that no Member who has made one of those motions have power to make the other on the same question. 16. Adjourned de- bate to be resumed on next sitting day, and to have precedence over all other busi- ness. Select Committee 1848. p. vii. Keport. Select Committee 1871. p. 2 (Questions 5, G). Sir T. E. May. 17. Motion for ad- journment not to be repeated within the hour, and division only to be taken on the demand of twenty- one Members. Select Committee 1848. p. 1. Mr. Speaker. 18. On Tuesday and Thursday, when there is a morning sitting, House to be adjourned at 12 o'clock at night. 19. When House meets at 4 o'clock, opposed business not to be brought on after 12.30 o'clock. Select Committee 1854. p. 15. Mr. E. P. Bouverie. p. 40. Sir T. E. May. Select Committee 1871. p. iii. Report, p. 5 (Questions 31-33). p. 15 (Question 152). p, 19 (Question 203). Sir T. E. May. Sir T. E. May. Sir T. E. May. p. 29, 30 (Questions 297, 307) Mr. Speaker. 11 Proposals. References 20. When House meets at a quarter before 4 o'clock pub- lic business to com- mence at a quarter past 4 : provided pri- vate business and petitions be disposed of. 21. Tuesdays should be appro- priated alternately to Notices and Orders of the day. 22. There should be some certainty with regard to the business which is to occur on each par- Select Committee 1878. p. 32 (Question 300). Sir T. E. May. [It is better that it should be made a Standing Order than to have a debate on it every year.] pp. 32, 33 (Questions 301-311). Sir T. E. May. p. 33 (Questions 309 and 311). Sir T. E. May. [Wednesday "quarter to six" rule is the better one of the two. On Wednesday Members must be present to take excep- tion to opposed business being brought on. After "half-past twelve" notice standing on paper stops its coming on.] p. 80 (Question '^83). Mr. Speaker. [Not personally favourably disposed to the rule, but as it is generally approved, not willing to state objections.] p. 80 (Questions 784-803). Mr. Speaker. Select Committee 1871. p. iii. Report. p. 15 (Question 154). Sir T. E. May. Select Committee 1871. pp. 7, 8 (Question 57). Sir T. E. May. [Notices to stand first for Tuesdays up to 1st May; from 1st May to 1st July Orders to stand first]. p. 36 (Question 365). Mr. Speaker. Select Committee 1871. p. 28 (Question 295). Mr. Speaker. 12 Proposals. 23. Lords Amend- ments to Bills should invariably be printed, and slionld not be taken without notice. References. Select Committee 1878. p. V. Report Resolution (9). 24. House not to be counted out be- fore a quarter past 9 o'clock after raorn- 25. Member tak- ing notice of less than 40 Members being present should do so publicly. 2G. House not to sit more than 1 1 hours out of the 24 when House meets in the evening, and not more than 11 when both morning and evening. 27. House to sit in Committee of whole House two mornings in the week. Select Committee 1871. p. iii. Report. p. 8 (Question GO). Sir T. E. May. J). 14 (Questions 147, 148). Sir T. E. May. p. 18 (Question 193). Sir T. E. May. p. 22 (Question 234). Sir T. E. May. [Discus- sion should go on but no vote should be taken until 40 Members were present]. p. 31 (Question 311). Mr. Speaker. Select Committee 1878. p. V. Report Resolution (8). p. 31 (Question 296). Sir T. E. May. Select Committee 1871. p. 17 (Question 174). Sir T. E. May. p. 33 (Question 334). Select Committee 1861. p. xi. Report. Select Committee 1854. p. 16. Mr. E. P. Bouverie. p. 32. Sir T. E. May. p. 50. Mr. Speaker. [Provided the House do not sit till a very late hour in the evening when there has been a morning sitting.] 13 Proposals. 28. After notice, unopposed Bills to be moved for at time for making motions for unop- posed Eeturns, and leave given without debate. References. Select Committee 1871. p. iii. Report. p. 10 (Question 85). Sir T. E. May. p. 12 (Questions 113, 11 4). Sir T. E. May. 20. Powerofficivinoc notices in advance to be limited to a terra of 15 or 16 days. 30. Orders of tlie Day should not be fixed for a more dis- tant day than a month . 31. Orders of the Day in the hands of private Members to have precedence over Notices of Motion on Tuesdays, after 1st of June, 32. Bills not Go- vernment Bills, which Select Committee 1837 p. 6, Keport. Select Committee 1878. p. iv. Report Resolution (2). p. 11 (Questions 91-103). Sir T. E. May. p. 1 4 (Question 114). Sir T. E. May. [Ballot for precedence of Orders would be ne- cessary.] (Questions 115, 116, 117). Sir T. E. May. [Would not apply ballot to any other day but Wednesday.] p. 65 (Question 605). Mr. Speaker. [Would over-crowd Order Book on open Wed- nesdays. It would be necessary to ballot with reference to fixing Orders on open Wednesdays, or to lay down rule that Orders should not be postponed.] Select Committee 1878. p. X. Proceedings. Mr. Knatchbull-Hugessen. p. 12 (Question 104). Sir T. E. May. p. 65 (Question 608). Mr. Speaker, p. 66 (Question 609). Mr. Speaker. Select Committee 1878. p. X. Proceedings. Mr. Knatchbull-Hugessen. B 3 14 Proposals. References. have not been read a second time before 1st of July, to be removed from Order Book. 33. After 1st of June, Bills other than Government Bills standing for Third Reading to take pre- cedence of Bills for Keport, and Bills for Report of Bills for Committee, and Bills for Committee of Bills for Second Reading. 34. Power to sus- pend Bills from one Session to another. p. 12 (Questions 105, 106). Sir T. E. May. [A good suggestion, but would require limitation.] p. 65 (Question 605), Mr. Speaker. p. 74 (Questions 704, 705). Mr. Speaker. [Might be desirable, provided power was left to the House in special cases to allow a Bill to be proceeded with.] p. iv. Report Resolution (3). p. 21 (Question 198). Sir T. E. May. p. 68 (Question 627). Mr. Speaker. [Would like to see the proposal tried]. Select Committee 1848. p. viii. Report. [Parliamentaay Proceedings Adjournment Bill not recommended by Committee.] Select Committee 1861. p. ix. Report. [Reasons against.] pp. 17-18 Mr. Speaker. [Ditto] 35. Facilities to be given for re-introduc- tion of a Bill that has passed through one House in the prece- ding Session. 36. A Bill that has passed Third Reading in either House should be taken to other Select Committee House of Lords 1861. pp. 3, 4. Report, Joint Committee 1869. p. 21. Sir T. E. May. p. 23. Lord Eversley, p. 23. Lord Redesdale. Select Committee 1878. p. 69 (Question 638). Mr. Speaker. A question of policy rather than one of the conduct of the business of the House, 16 Proposals. House at the begin- ning of tlie next Session. 37. To limit the time during which a Member may speak. 38. It may be necesssary to limit the right which Mem- bers have to speak frequently in Com- mittee. 39. Long Division might be avoided by requiring the party who challenge the Speaker's decision to rise in their places. References. (Question G41). Mr. Speaker. [Would not greatly facilitate progress of business.] Select Committee 184.8. p. 11. Mr. Speaker. [If you fix the duration of the debate ; otherwise it would only multiply the number of speakers without shortening the debates. I have no doubt, if Members could confine their speeches to half-an-hour, they would be much improved in quality.] pp. 20, 21. Mr. Curtis. ["The one -hour rule" in the United States.] p. 26. Mr. J. Randall. [Ditto.] p. 27. Mons. F. P. G. Guizot. ICidUire in France.] Select Committee 1878. p. 84 (Question 814). Mr. Kaikes. [Except mover of an Amendment or Member in charge of a Bill.] p. 125 (Question 1209). Mr. Raikes. Select Committee 1871. p. 8 (Question 64). Sir T. E. May. [If it did not amount to a fixed number, say 21, there should be no division.] Select Committee 1878. pp. iv. to V. Report Resolution (7). [In certain Motions for Adjournment, or Reporting Progress, Speaker or Chairman to call on the " Ayes " to rise in their places ; and if it appears that they are less than 20, while the "Noes" exceed 40, Di- vision shall not take place and Motion shall be declared to be lost.] p. 27 (Questions 258-262). Sir T. E. May. pp. 60-62 (Questions 578 to 603). Mr. Speaker. 16 Proposals. 40. Division on main question should be taken after two dilatory motions had been defeated. 41. Member na- med by the Speaker or Chairman of Com- mittee of the whole House as disregarding the authority of the Chair or abusing the rules of the House, by persistent and wilful obstruction, to be suspended during remainder of sitting. 42. Strangers not to be directed to with- draw except on Ques- tion put and agreed to without debate. 43. Parliament should assemble not later than last week in November. 44. Opposed Pri- vate Bills to be re- ferred to Joint Com- mittee of both Houses. References. p. 62 (Questions 598 to 601). Mr. Speaker. [Application of this proposal to divisions on any question might lead to confusion.] p. 83 (Question 812). Mr. Ptaikes. Select Committee 1878. p. 84 (Question 813). Mr. Eaikes. Select Committee 1878. p. iv. Repoit Resolution (6). p. Ill (Questions 1044-1355). Mr. Raikes. p. 140 (Questions 1356-1534). Mr. Speaker. Select Committee 1871. p. iii. Report. p. 9. (Question 76). Sir T. E. May. p. 29 (Question 299). Mr. Speaker. Select Committee 1878. pp. 31-32 (Questions 296, 297). Sir T. E.May. p. 79 (Questions 767-782). Mr. Speaker. Select Committee. p. iii. Report, p. 36 (Question 372). Mr. Speaker. [Time of separatings hould also be fixed, as in the United States.] Joint Committee 1869. pp. 9, 1 0. Sir T. E. May. 17 Kemarks on the Conduct of Business in the House of Commons, contained in an Article in the Edinburgh Eeview, Vol. XCIX.— 1854. Attributed to Sir T. Ekskine May. Page 243. Defective Organization — Insufficient Division of Labour — Indefi- nite facilities for Obstructive Debate. Sir John Pakington says, " We have outgrown our forms." Page 244. '- True faith has been mixed with idolatry." Page 248. Long Session, 1852-3. Page 261. Once in Committee on a subject Speaker leaves Chair as a matter of course without debate, except in Committee on Ways and Means. Why not remove exception with precautions 1 Pages 263-4. Sj^eaker in 1848 proposed that motions of adjournment should be without debate, and only allowed to be renewed at intervals of an hour, and only on demand of 21 Members. — Restrictions on debate in France and America. Pages 269-71. Committee of whole House. —Substitute suggested. — Work done impatiently and badly. Page 273. Description of the manufacture and maiming of an Act of Parlia. ment. Page 278. Proposed revision of Amendments by draftsman under supervision of Proposer and Seconder. m