REGENCY BILL. (Hansard, 31 July 1840)

§ Mr. Freshfield

begged to call the attention of the House to some contingencies, which in his opinion, were not sufficiently provided for by the bill as it stood. He thought it was right, if not absolutely necessary, to provide for the immediate assembling of Parliament in case of the death or legal disqualification of the regent, in the event of this bill ever becom- 1178 ing operative. He hoped that the clauses of which he had given notice, and which provided for such a contingency, would be agreed to, in which case there would be a constitutional mode of calling together Parliament. The hon. Gentleman then moved that the following clauses be added to the bill:— And be it further enacted, that if his Royal Highness Prince Albert shall depart this life during the continuance of the regency by this act established, or cease to be regent under any of the provisions thereof, the lords of the Privy Council then in being, shall forthwith cause a proclamation to be issued in the name of the King or Queen for whom such regent shall have been appointed, under the Great Seal of the United Kingdom of Great Britain and Ireland, declaring the same; and in case the Parliament in being at the time of the issuing of any proclamation declaring the death of the regent, or that he has ceased to be regent under any of the provisions of this act, shall then be separated by any adjournment or prorogation, such Parliament shall forthwith meet and sit. Provided always, and be it further enacted, that in case any such proclamation as aforesaid shall issue in any or either of such cases as aforesaid, at any time subsequent to the dissolution or expiration of a Parliament, and before the day appointed by any writs of summons then issued for assembling a new Parliament, then and in such case the last preceding Parliament shall immediately convene and sit at Westminster, and be a Parliament, and continue during the space of six months, and no longer, to all intents and purposes as if the same Parliament had not been dissolved or expired, but subject to be sooner prorogued or dissolved. Provided also, that if any such proclamation as aforesaid shall issue in any or either of such cases as aforesaid, upon or at any time after the day appointed by any writs of summons then issued for calling and assembling a new Parliament, and before such new Parliament shall have met and sat as a Parliament, such new Parliament shall immediately after such proclamation convene and sit at Westminster, and be deemed to be a Parliament in being to all intents and purposes under the provisions of this act.

§ Lord J. Russell

had considered the proposal of the hon. Gentleman, and it seemed to him better upon the whole to take the bill as it had been sent down from the House of Lords, and on the principle on which it was framed in conformity with the regency bill of 1830. The bill provided fully for the first contingency that could arise, and he thought it better to leave future contingencies to be provided for by the Parliament of the time. 1179 Such Parliament would have the case fully before it, and he must say, that in his opinion, they would on that account be better able to meet the case. He thought that there was no necessity whatever for providing now for any such improbable event as he thought contemplated by these clauses, and he would, therefore oppose them.