HL Deb 23 February 1841 vol 56 cc858-60
The Bishop of Exeter

said it would be in the recollection of their Lordships, that on a previous occasion he had referred to the delays which had taken place in printing certain ordinances which had been laid on the Table of their Lordships' House. Having been then informed that the delay was caused by the Colonial-office sending a fresh order to be printed, the noble Lord near him undertook to make inquiry upon the subject, and he begged leave now to ask him if he had done so?

Viscount Duncannon

replied, that the delay had been occasioned by the ordinance No. 129 being under the consideration of the law officers of the Crown. It had not therefore been laid before their Lordships. The rest of the papers then printed were taken back to the Colonial-office, in order that the paper in question might be inserted in its proper place. This caused a delay of eleven days, and to make up for it, he would undertake, on the part of the Government, that the ordinances should now remain on the Table eleven days longer than had originally been intended.

The Bishop of Exeter

said, it was for their Lordships to say, whether they were satisfied with the noble Viscount's explanation, but, for his own part, he must beg to be excused from indicating the slightest symptom of approval of it. The noble Viscount had stated, that on the 29th of last month he laid certain ordinances upon the Table of the House, and moved, that they should be printed, but it unfortunately happened, that an ordinance which ought to have been amongst those laid upon the Table was not in its place, because it was at the time under the consideration of the law officers of the Crown. What course was taken upon this discovery? Instead of coming down to the House and informing their Lordships, that the ordinance in question had been omitted, and obtaining an order for its being printed among the rest, as it was the noble Viscount's bounden duty to have done, he smuggled it into its place, and now expected their Lordships to pass over such a gross act of indiscretion—he was unwilling to use a stronger word. [Laugh- ter.] The noble Viscount laughed. He was glad the noble Viscount could find anything ridiculous in the matter, but he supposed the noble Viscount laughed at their Lordships' order, and the whole of their proceedings. According to the noble Viscount's explanation, the 129th ordinance had never been presented to the House—it had never been laid upon the Table until it was printed. This was a matter which ought not to be treated lightly. There had in this case been, he would not say negligence only, but a serious departure from that ingenuousness which the House had a right to expect. He wished to know whether the noble Viscount meant to pledge himself that the House should have an opportunity of addressing her Majesty relative to the ordinance in question within thirty days, dating from the 16th of the present month?

Viscount Melbourne

did not believe that any injury had resulted from the mistake which had furnished the right rev. Prelate with the ground of his complaint. It certainly was a matter of regret that all the papers in the list had not been laid upon the Table of their Lordships' House at once. It was impossible to deny that there had been some little irregularity; but there was no pretence for charging his noble Friend with any want of ingenuous, ness; and he must say that the right rev. Prelate, in doing so, reminded him of those persons who were in the habit of accusing others of wanting that in which they were most deficient themselves. The right rev. Prelate greatly exaggerated the inconvenience which might arise from the irregularity which had occurred. The ordinance in question was not one of great importance, nor one to which the right rev. Prelate was likely to call the attention of the House. He (Viscount Melbourne) was desirous that the spirit of the act should be complied with, and that their Lordships should have the fullest opportunity for considering the ordinances, and to address her Majesty with respect to them if they thought proper. It would be impossible, by any agreement, as the right rev. Prelate seemed to imagine, to give to an address of their Lordships a force which it did not possess by law. The address must be made within thirty days after the ordinances were laid upon the Table. He spoke doubtingly on this point, however, and if it could be arranged, the thirty days should commence from the time the 129th ordinance had been given out to be printed.

The Bishop of Exeter

That was the 16th of the month.

Viscount Duncannon

begged to inform the right rev. Prelate that he had no wish to treat the matter with any undue levity.

The Duke of Wellington

said the intention of the act was, to give Parliament a full opportunity of considering the ordinances issued by the Canadian government. The practice adopted had last Session given general satisfaction. If upon the present occasion a little delay had occurred, the right rev. Prelate had only to bring forward any motion he might think necessary a few days earlier.

Lord Ellenborough

suggested that in future a copy of the ordinances should remain upon the Table, and another copy be sent to the printer.

The Bishop of Exeter

wished to know distinctly whether the noble Viscount would undertake that the cabinet would advise her Majesty not to give her consent to the ordinances until thirty days had expired from the 16th instant.

Viscount Duncannon

Certainly.

The Bishop of Exeter

said, he would not then trouble the House that night by presenting the petition of which he had given notice. He would present it on a future day, and state the grounds upon which the petitioners came before their Lordships, and thus afford an opportunity for considering the question before he submitted any motion on the subject. He gave notice that he would present the petition on Thursday, the 4th of March.

Lord Ellenborough

said, that if the right rev. Prelate intended to bring forward a motion taking the same view of the question as the petitioners, it would be a great convenience to the House if he would allow some days to intervene between the presentation of the petition and the motion.

The Bishop of Exeter

said that was his intention. He hoped, when he presented the petition, to hear the opinions of noble Lords on the question, and their opinions would, as they ought, have great effect upon his decision as to whether or not he should found any motion on the petition.—Subject at an end.