The Sun.
London, England, 1861-04-25 00:00:00

PARLIAMENTARY BUSINESS•

The Select Committee appointed to consider
whether, by any alterations in the forms and pro-
ceedings of the House of Commons, the despatch of
public business can be more effectually promoted,
have considered the matters to them referred, and
have agreed to the following report :
1. In discharge of
the duty confided to them,
your committee, in the first instance, directed their
attention to the inquiries and report of three select
committees, which have been appointed within the
last 30 years for the purpose of considering the best
means whereby public business might be conducted
in the House of Commons with improved regularity
and despatch.
2. The first of these committees was appointed in
1837, and recommended only two changes, compa-
ratively small, in the ancient rules and established
orders, both of which were adopted by the house.
3. The second committee was appointed in 1848.
Mr. Evelyn Denison, the present Speaker of the
House of Commons, presided over it. Various im-
portant changes were considered by that committee.
The evidence of distinguished foreigners was taken
with regard to the forms and order of proceeding
in the popular assemblies of France and of the
United States of America. No changes based on
these models were recommended. The alterations
adopted were six in number, although many others
were discussed. The most important of them was
that by which the rule of progress was applied to
committees of the whole house on public bills •
4. Again in 1854 the same question was referred
to a third committee. They also took evidence, and
withhea respectd the op-
r
entered into a larger inquiry.
They
pion of Lord Eversley, then Speaker,
both to the causes of delay in the transaction of
public business, and
the remedies wh!ch might be
applied ; 36 alterations were proposed by the chair-
man ; they were tantamount to a revision of the
standing orders of the house, and to a change of
many ancient usages; but the committee were us-
able to concur in the great majority of these pro-
posals, and ended in making to the house nine re-
commendations. Eight of these were adopted.
They were of the same character as those which
were sanctioned by the house on the report of the
committee in 1848, and may be regarded rather as
supplementary aids than as decisive changes.
5. On all these occasions, the house and its com-
mittees have proceeded with the utmost caution.
They have treated with respect the written and the
unwritten law of Parliament, which for ages has
secured a good system of legislation, perfect free-
dom of debate, and a due regard for the rights of
minorities.
6. This respect for tradition and this caution in
making changes have proceeded on the principle
that no change is justifiable which experience has
not proved to be necessary,and that the maintenance
of the old rules is preferable to new, but specula-
tive, amendments.
7. It is also to be observed, that this caution in
making changes- had not been unproductive of ad-
vantage. The new rules, which have been intro-
duced in consequence of the reports of the three
committees above enumerated, have been found to
work so well, that not one of them has been hitherto
either altered or rescinded.
8. Such, then, being the principle on which pro-
posed alterations in the forms and proceedings of
the house may be safely founded, the question
arises, what are the objects to be kept steadfastly
in view when alterations are suggested or adopted ?
9. These objects are well defined by Lord Evers-
ley in his evidence before the committee of 1854,
when (in answer to question 516) he says, "In all
the improvements that we have yet made in the
conduct of public business ; we have endeavoured,
as much as possible, to let the house understand
exactly what questions they will have to discuss,
and to prevent surprises, and also to give some cer-
tainty to our proceedings.".
10. The present Speaker strongly corroborates
this opinion. He says that the most important
thing to which the attention of this committee can
be directed is certainty, day by day, so far as it is
possible, as to the.business to be transacted; and
that, for despatch, for the convenience of members,
and for decorum of proceedings, certainty is to be
regarded as the primary object.
11. Mr. Massey, also, the chairman of the Com-
mittee of Ways and Means, considers it desirable,
for the order of proceedings, as well as for the con-
venience of members, that some closer approxima-
tion to certainty in the arrangement of the business
of the house should, if possible, be effected.
12. In pursuit of this object of greater certainty
in the proceedings of the house, the special atten-
tion of your committee was called by the Speaker
to the motions constantly made before going into
Committees of Supply. Although only one amend-
ment to each motion, "That the Speaker do leave
the chair," can be put to the vote, yet the attention
of the house may on that motion be called to any
number of questions, and a long debate may be
taken before the house resolves itself into a com-
mittee. This course may be daily repeated on the
same class of estimates, and long delay as well as
uncertainty is tho consequence before the details of
the estimates can be considered. The remedy sug-
gested by Mr. Speaker is, that upon the four great
heads of the army, the navy, the revenue depart-
ments, arid the civil service, the house, having once
gone into committee, might, on that same head of
estimates, resume its deliberations in committee
without any question being put. In a word, that
the same rule of progress which prevails with re-
gard to committees on bills, might be extended to
Committees of Supply on these four classes of esti-
mates. This suggestion was offered to the committee
of 1851, as appears from their report; yet, from fear
of unduly limiting the opportunities of debate and
of the discussion of grievances, the committee, while
admitting the inconvenience complained of, declined
to recommend the adoption of any new rule by the
house. This cause of delay, if it be an evil, has now
for seven years remained unchecked, and, in the
opinion of the Speaker, the delay has increased.
At the same time, without imposing some new re-
striction, it is admitted by the Speaker to be impos-
sible to avoid these delays, and to give greater cer-
tainty to progress in Committees of Supply.
13. Your committee have anxiously considered
the policy of imposing some such check. The time
consumed in these preliminary discussions was in
the last session on an average three hours each day
on the 11 occasions when the motion was made for
the Speaker leaving the chair to go into committee
on these four classes of estimates, which is equiva-
lent to the average of time occupied in four Govern-
ment order days. It cannot be denied that these
multiplied preliminary motions are a serious obstacle
to certainty in the proceedings of the house, and
are a cause of much delay. On the other hand, it
must be remembered that the statement and consi-
deration of grievances before Supply are among the
the most ancient and important privileges of the
Commons, and this opportunity of obtaining full
explanation from the Ministers of the Crown is the
surest and the best. Before going into a Commit-
tee of Supply, the Ministers have an interest both
in making a house and keeping a house. The debate
proceeds, with the Speaker in the chair, with an
appropriate motion under discussion, and the
strictest rules of debate are necessarily observed .
Your committee, moreover, apprehend that the ap-
plication of the rule of progress as proposed to Com-
mittee of Supply might produce serious inconve-
nience by creating an additional obstacle to the
Speaker leaving the chair for the first time on going
into any class of estimates, and thereby delaying
votes in Supply which maybe of great importance
to the public service. On the whole, therefore, your
committee adhere to the decision of the committee
in 1851, and have not thought it expedient to re-
commend a departure from established usage in this
particular.

14. Under this same head of greater certainty,
and of avoiding needless consumption of time, an-
other question presented itself, which had been con-
sidered by the committee in 1854, " That the
'house at its rising do adjourn to Monday
'n'ext." The committee of 1854 recommended that,
by a standing order, the house on Friday "should
stand adjourned till the following Monday, with-
out question put, unless the house should other-
wise resolve:" This recommendation was brought
in 1854 under consideration of the house ; it
was not negatived, but the motion to give effect
to it was withdrawn, from the disinclination of the
house to adopt it This disinclination has been
indicated in a marked manner for the last seven
Years, and now almost invariably on every Friday a
desultory.. discussion tikes place on the motion of
v"kluurninent to Monday. Doubtless, many grave
`lebs_ieetions may be urged against these discussions,
v'e'ally when prolonged. They are inconclusive,
housee_l3o amendment to the question before the
adjon,:rn,, be moved, except as to the time of the
ri rEferereet; they are irregular, because they have
they are tn„,tt,°B the question put from the chair;
interlaced .
__l.faetory, because various subjects are
dency, as le'
alltilan they are dangerous in their ten-
of debate, the V,°• a relaxation of the strict rules
their integrity
is
easisntenanee of which rules in all
dignity of the nouseenoftl to the character aturthe
it now
en exists, impose, e the Sons. The practice, as
2barrassing responsibipeaker endeavour undefined
and
to enforce order in discussions of ing
and this responsibility is increased ,r3trictly orderly,
to classify the various topics, with
rye cfsvery attempt
Minister to whom various questions aerreen.oce. to the
Attempts of this kind give rise to dissatisfaction as tending to obstruct the current of debate.
Nevertheless thesa discussions have been found c
venient, as affording prompt opportuniti%for briZ
ing before the house matters of interest its they
arise at shoet interyalo ; they often supersede the

necessity of formal motions, which would occupy
much longer time; and without altogether setting
aside the rules of debate, they give some latitude
to questions and answers, - axons.
These balanced considers,. ed
by your committee. The Speaker, „
of attaining certainty as to the hour of commeus
the business of the day, suggested a limitation in
point of ti" end proposed that at a given hour
t
on Friday _Le question of adjournment, if not
previousl; ,tided, should be :put, and thevoices
be taken. resolution to this effect was moved in
d.
your com— s, but was negatived, on a l
on, by a majority of two, the ayes being
.eight
-
mand the ....es ten; This proposal is
obviously
been
of the nature of a compromise; but
it
trge that
the it
advantages,remov e s f
nonei
advantagesof the objectionsth e
re b e
it
restricts
iwnotruoldduscatvioenFloomf ea loss
newo
prt
eei,p at l
e tiho
teoe xtpheen sper
000fe tehde.
and before its
t
tinhges
eolfootkh,e
whoituhseon;titawdioounlrdnmceunt
,short debate by
natural termination.
15. But your committee are of opinion that the
advantages of the practice might be equally ob-
tained in a more regular manner.
16. In strict conformity with the ancient use of
the house, the motion for going into a Committee
of Supply or of Ways and Means does afford a
legitimate opportunity for the introduction of wide
and full discussion on every variety of subjects. A
range as unlimited as that now assumed on the
motion for adjournment to Monday is thereby
opened without the transgression of any rules or
usages of the house; and the vote in conclusion
bears relation to the debate which precedes it.
17. Your committee think it therefore expedient
to adopt the standing order recommended by the
committee of 1854, whereby the house at its rising
on Friday, without motion made, would stand ad-
journed to the Monday following, unless the house
shall otherwise resolve ; but this on condition that
Friday be a Government order day throughout the
session, that the motion for a Committee of
Supply of Ways and Means stand first among the
Government orders on that day.
18. The motion for adjournment on Fridays
would thus be superseded, and the proceedings on
Friday evenings, unrestricted, although desultory,
would be conducted according to the established
rules of debate, on a suitable motion, and with an
appropriate conclusion.
19. Apart from the consideration of the means
of giving greater certainty to the transaction of the
daily business of the house, your committee have
directed their attention to the inquiry whether any
impediments to the progress of measures from the
first commencement of each session can be justly
attributed to the standing orders.
20. By standing order, 25th June, 1852 (No. 408)
the Committees o Supply and Ways and Means
aie fixed for Monday, Wednesday, and Friday, and
for any other day on which orders of the day shall
have precedence of notices of motions.
21. By standing '...,orders' 25th June, 1852
(No. 97), unless the house shall otherwise direct,
all orders of the day set down in the order-book for
Mondays, Wednesdays, and Fridays, are to be dis-
posed of before the house will proceed on any mo-
tions of which notices shall have been given.
22. By No. 99 the orders of the day are to be dis-
posed of in the order in which they stand upon the
paper, the right being secured to her Majesty's Mi-
nisters of placing Government orders at the head
of the list, in the rotation in which they are to be
taken on the days on which Government bills have
precedence.
23. The days on which this precedence is now
given to Government orders, at the commencement
of the session, are limited to two, namely, Monday
and Thursday; since, by a recent arrangement,
Thursday has been substituted for Friday as an
order day. On Wednesdays the Government orders
have no precedence, and the bills introduced by pri-
vate members generally occupy the whole of each
Wednesday, until the close of the session is at hand.
24. On Tuesdays and on Fridays notices of mo-
tion have precedence ; and the practical operation is
this, that on two only out of five sitting days in
each week can the Government business be brought
forward with certainty.
25. It is true that a third order day is generally
conceded to the Government towards the middle of
the session. But it must be remembered how large
a proportion of the public business transacted is
now devolved on the Ministers of the Crown. All
questions of Supply and of Ways and Means are
exclusively in their hands ; and for the express
purpose of bringing large branches of the public
expenditure more closely under the annual review
of the House of Commons, numerous charges have
been recently removed from the Consolidated Fund,
and have been placed on the Estimates. Moreover,
the whole cost of the collection of the revenue is
now submitted in detail to annual vote. These
salutary changes have added greatly to the labours
of the Committee of Supply, and make a large de-
duction from the time available for Government
bills on order nights.
26. Although it is expedient to preserve for in-
dividual members ample opportunity for the intro-
duction and passing of legislative measures, yet it
is the primary duty of the advisers of the Crown to
lay before Parliament such changes in the law as
in their
.judgment are necessary; and while they
possess the confidence of the House of Commons,
and remain responsible for good government and
for the safety of the State, it would seem reason-
able that a preference should be yielded to them,
not only in the introduction of their bills, but in
the opportunities for pressing them on the conside-
ration of the house.
27. It has been already observed that at an ad-
vanced period of the Session a third night in the
week is generally set apart for Government orders.
But it ought not to be forgotten that it is at the
commencement of the Session when the real pres-
sure is most urgent for the early transaction of the
Government business. The Mutiny Acts expire
annually on the 25th of April. Previously to their
introduction for renewal, the number of men must
be voted in a Committee of Supply. On the num-
ber of men mainly depends the annual charge for
the army and navy, which constitutes the largest
portion of the Supplies to be voted for the year.
Much discussion necessarily arises ; and thus, before
Easter, the two Government order nights in
each week are principally occupied by debates before
going into Committee of Supply on the Navy and
Army Estimates, and by the consideration of the
leading details of these two estimates in committee.
28. The obvious effect of this delay is to retard
legislation, and to postpone the consideration of the
Government bills until after Easter. A further con-
sequence is the failure of many bills which are in-
troduced. For this the Government cannot be fairly
blamed; some are withdrawn in the Commons
from the want of time fully to consider them ; others
miscarry in the House of Lords, where they are set
aside without discussion of their merits en the
ground of the lateness of the session.
29. These considerations have led your committee
to the conclusisn that more time should be given
for Government orders of the day from the first
commencement of each session ; and that standing
orders of the 25th of June, 1852, should be revised.
30. With this view, your committee have agreed
to recommend-
-Ist. That the Committees of Supply and Ways
Means may be fixed for any day on which the house
shall meet for despatch of public business.
That on Friday, until the end of the present
session, orders of the day shall have precedence of
notices of motions, the right being reserved to her
Majesty's Ministers of placine. Government orders
at the head of the list.

31. The first of these two recommendations will
Leave untouched the precedence given on Tuesdays
to notices of motions over orders of the day. Pri-
vate members will continue to enjoy, unchanged
and unrestricted, their sent riht of
motions on Tuesdays, befoprere any order of themakin dayg can be considered; and this recommendation, if
a.lopted, will give on Tuesdays to the Ministers of
the Crown no power of placing their orders at the
head of the list. Its limited effect will be to enable
the Ministers to place Supply on Tuesdays among
the orders of the day, but without precedence.
In the early part of the session this power may
not be operative ; but as the session advances
occasions will occur when progress in Supply may
be made on Tuesdays, after the termination of de-
bates on motions.
32. An indirect effect also of this recommendation
may be anticipated. It is remarkable that, since
the year'lBs6, on no one occasion has the house not
been made at 4 o'clock. In the present Parliament,
since July, 1859, the house has been counted out 18
times. This happened nine times out of the 18 on
Tuesdays, and eight times out of the nine before
9 o'clock. It may be conjectured that Ministers on
Tuesdays, having little business of their own fixed
for that day, are indifferent as to keeping a house.
The contingent right to bring on Supply at a later
hour of the evening would give to the Ministers an
interest in keeping a house, and a portion of a fifth
night in many weeks of the session might thus be
gained for public business.
33. These reasons have a bearing on the second
recommendation of your committee. Independently
of Tuesday, which will continue to be the motion
night, the opportunities of making motions are nu-
merous throughout the session before going into
Committees of Supply and Ways and Means. With
the view of advancing public business, order days
are indispensable, and on casting thebalance between
motions and orders your committee are of opinion
that three days out of five in every week set apart
for orders will greatly facilitate the despatch of
Public business, without an undue encroachment on '
the privilege of private members. Your committee