HC Deb 01 January 1807 vol 8 cc254-7

Lord Howick rose pursuant to notice, to propose certain regulations with respect to Private Bills. The utility of the purpose which he had in view was so obvious, that he need not trouble the house at any length on the subject. The house was aware that it was the practice to fix a certain day, beyond which, private petitions could not be presented. This was done, he apprehended, on this principle, that all the bills might be passed within the session. This principle, however, had been defeated by the latitude allowed with respect to the time of bringing forward bills on these petitions. His object, therefore, was merely to complete the principle which the house had already adopted. In addition to what had been done, he proposed to fix the last day for presenting bills upon the petitions, and also the last day for receiving the reports of these bills. He held in his hand a paper which shewed that the number of private bills presented towards the close of the session, had been for some years past increasing; and last year particularly, it appeared that, out of 204 bills, no less than 31 had been presented after the kings birth-day, and 78 reported upon. This was far beyond what could be allowed in consistency with the convenience of the house and of particular members. The last Friday of February was the day beyond which private petitions were not at present allowed to be presented. He thought that the parties would have abundant time to prepare the bills before the 26th of March, and therefore he would propose that this should be fixed as the last day for receiving private bills. This would be no inconvenience, as, in cases of inclosures and agricultural bills, notices were fixed on the church doors in the months of August and September, and in others, notices were given during the same months at the quarter sessions and in the county papers. Every person concerned, therefore, would have full time to make up his mind, and to be prepared before Easter. But this would be as nugatory as the former order had been found to be, unless a day was fixed, beyond which the reports on these bills could not be received. At present, five days inclusive intervened between the first and second readings. The bills were generally committed on the eighth day from the time of their being brought forward. He thought that the reports might very well be made within six or eight weeks from the same time, so as to enable the lords to pass the bills before the birth-day. He would, therefore, propose that the 11th of May should be the last day for receiving reports upon private bills. Some greater delay might be allowed in cases of Irish bills. But though 21 days must intervene between the first and second readings of such bills, he still thought that they might very well be brought within this general rule. But the house, in adopting a general rule, did not give up its discretion. Even at present, the standing order of the house was dispensed with in cases of notices upon special cause being shewn. But at the same time it would be important to adhere to the general rule, except in very particular cases; for its utility would be destroyed, if it should be once understood that it could be dispensed with on slight grounds. It would be of great convenience to the parties and to the members, especially members of counties, that the private business should be completed with all possible dispatch. He concluded by moving, "That the order, fixing the last Friday of February as the last day on which private petitions should be received be read, that the 26th of March should be appointed as the last day for receiving private bills, that the 11th of May should be fixed as the last day for receiving reports upon these bills, and that an order should be made for promulgating these resolutions, that every one might have due notice of them." They were only resolutions for the present year, and matter of experiment. If they should be found useful and practical, they might hereafter be settled as orders. He had the concurrence of the country gentlemen, and of those who might be supposed to be best acquainted with the subject and most interested in it, and therefore, he presumed, there could be no serious objection to the resolutions which he proposed.

Mr. Johnstone

observed, that as the noble lord had the concurrence of the county members, and of those who were best acquainted with the subject, he had no very great objection to these propositions. But he must say, at the same time, that they were what a right hon. friend of the noble lord's (Mr. Windham) had characterized as measures of unnecessary legislation. The grounds stated by the noble lord did not altogether bear him out. He had not proved that any great inconvenience resulted from those bills accumu- lating after the birth day, for, last year, parliament had sat long after that time, and decided upon matters of the highest importance. He apprehended too that the adoption of these resolutions might be very inconvenient both to the agents and the parties.

Mr. Brugge Bathurst

dissented completely from the opinion of the hon. gentleman who spoke last. This was not a measure of unnecessary legislation. It was only, as the noble lord had stated, following up the principle which had already been adopted by the house. It was not a matter of legislation at all, but of regulation only. The adoption of the resolutions, he contended, would be attended with great convenience both to the parties and to particular members, as well as to the house. Parties could not force their agents to come to the house within a particular time; and with regard to the expenses of such delays, they were completely in the hands of these agents. The house, therefore, ought to assist them and enable them to obtain justice with as little expence, and with as much dispatch as possible.

Mr. Fuller

highly approved of the resolutions, as they might be the means of shortening the session, and prove very convenient to the country gentlemen, and to those who did not come to the house to make their fortunes.

Mr. Fellowes

agreed that they would be very convenient. He himself had often felt the great inconvenience attending the delays that took place in cases of private bills, and thought that the house was under great obligations to the noble lord for having turned his attention to the subject, He suggested the propriety of having the private bills enumerated in the votes, and the days in which they came on, that members might have the earliest and most authentic notice on that point. This he merely threw out as a suggestion for the consideration of his lordship.

Mr. Johnstone ,

observing upon the point of shortening the session, asked whether the noble lord was diffident as to the number and sentiments of his friends, since he betrayed so much anxiety to get rid of them?

Lord Howick

replied, that he only felt anxious to promote the convenience of the house and of the parties. Suppose that from what happened last year, that members should expect that 78 reports of private bills might be received after the birth-day, the consequence would be, that, if the public business could be soon finished, parliament must either sit to pass these private bills or they must be lost, and all the expence attending them would be to no purpose. As to his anxiety about dismissing his friends, he wished that, on a former occasion, an opportunity had been given of shewing the sense of the house, and he hoped that the hon. gent. would take the earliest opportunity of doing so.—The resolutions were then agreed to, and ordered to be printed.

Back to