HC Deb 17 June 1886 vol 306 cc1692-8
THE CHAIRMAN OF WAYS AND MEANS (Mr. COURTNEY) (Cornwall, Bodmin)

I have to move a series of Standing Orders to provide for the suspension of Private Bills and Provisional Orders during the remainder of the present Session, with the power of resuming them next Session at the stage they may occupy in this. The first provides that the promoters of every Private Bill which shall have been introduced into this House, or brought from the House of Lords in the present Session, shall have leave to suspend proceedings in order to proceed with the same Bill next Session. I may explain that it is customary to pass these Orders when the Session is about to be prematurely brought to a close.

Motion made, and Question proposed, That the Promoters of every Private Bill which shall have been introduced into this House, or brought from the House of Lords in the present Session of Parliament, shall have leave to suspend any further proceeding thereupon, in order to proceed with the same Bill in the next Session of Parliament."—(The Chairman of Ways and Means.)

MR. SEXTON (Sligo, S.)

I see that this Order has undergone an alteration since it was placed upon the Paper. As it originally stood, the words were— The promoters of every Private Bill which has been introduced into this House. It now stands— The Promoters of every Private Bill which shall have been introduced into this House.

MR. SPEAKER

The object of the alteration is simply to cover the case of Bills which may be brought up from the House of Lords after the passing of this Standing Order.

MR. SEXTON

The explanation is perfectly satisfactory; but before the House proceeded to affirm this Standing Order I thought hon. Members had a right to know what it exactly meant. On the 31st of May I moved, in the Belfast Main Drainage Bill, to insert a new clause in reference to the municipal franchise of that city. I believe that the House was prepared to affirm that clause by a majority. An hon. Member above the Gangway on this side of the House moved that the consideration should be postponed in order that the Lords might, in the meantime, have an opportunity of considering a general Bill for extending the municipal franchise in the Irish boroughs. We assented to that proposal, and the consideration of the Belfast Bill was adjourned until Monday next; but, in the meantime, hon. Members above the Gangway blocked the Municipal Franchise Bill, and have, consequently, prevented it from reaching the House of Lords. If, by this first Standing Order proposed by the Chairman of Ways and Means, it is intended to allow the promoters of the Belfast Main Drainage Bill to suspend that Bill in its present stage and proceed with it in a Winter Session, without the insertion of the clause which I proposed on the 31st of May, and without the House of Lords having passed the Municipal Franchise Bill, I feel bound to stigmatize the arrangement as a gross breach of faith. The clause which I proposed would have been inserted in the Belfast Bill three weeks ago if it had not been for the understanding which was arrived at that the Lords should have an opportunity of expressing their opinion upon the Municipal Franchise Bill. Under these circumstances, I feel bound to move an Amendment to the Standing Order proposed by the Chairman of Ways and Means to insert, after the word "Bill," in line 1, the words "except the Belfast Main Drainage Bill." If that Amendment is adopted, the promoters of the Belfast Main Drainage Bill will be unable, by taking advantage of the present form of the Standing Order, to delude, deceive, and humbug the House of Commons. I may remind the House that when this question was under discussion three weeks ago the Chancellor of the Exchequer distinctly intimated that we were entitled this Session either to have the Municipal Bill considered by the House of Lords, or to have the clause which I proposed inserted in the Belfast Main Drainage Bill. I must insist on the performance of the engagement in one form or another, and I therefore beg to move the Amendment.

Amendment proposed, in line 1, after the word "Bill," to insert the words "except the Belfast Main Drainage Bill."—(Mr. Sexton.)

Question proposed, "That those words be there inserted."

THE CHAIRMAN OF WAYS AND MEANS

With respect to the alteration which has been made in the verbiage of the Standing Order now under consideration—namely, the substitution of the words "shall have been" for "has been," I may explain that it has only been done in order to provide for the case of a Bill which may, for instance, be brought up from the House of Lords to-morrow. As the Order now stands, it will apply to Bills not only already here, but to all which may be brought up from the other House before the close of the Session. I apprehend that there can be no objection to that proposal. In regard to the Belfast Main Drainage Bill, it is not intended that this Order should, nor will it, interfere in the slightest degree with the power of the House over that Bill. The Belfast Bill stands for Consideration and Report on Monday next; and, whatever may be done with regard to this Standing Order, when the Private Business of the House is reached on Monday it cannot be removed from the Order Paper. As a matter of fact, when the Order is reached on Monday, it is perfectly competent for any hon. Member to move that the Order be discharged and that the Bill be withdrawn. The House may deal with the Order in any way it likes. This power of suspension has reference only to such Bills as survive when the Session closes, and which it has been found impossible to go on with. They will be hung up, in accordance with the usual practice, until next Session. Whenever the Business of Parliament has been interrupted by a premature Dissolution, that has been the invariable practice, and the Bills which have survived, but have not been disposed of, have been hung up until the next Session. If the House decides to take no action at all in regard to the Belfast Main Drainage Bill, it will be brought up again next Session precisely at the point which it has now reached. This Standing Order will not in any way affect the power of the House to deal with that Bill. This Order will not affect the consideration of that Bill in any shape or form, and hon. Gentlemen below the Gangway may move the insertion in it of any clause they like.

MR. SEXTON

After the explanation of the hon. Gentlemen, and upon the clear understanding that the promoters of the Bill will not have the power on Monday next to withdraw it from the consideration of the House, I am perfectly willing to withdraw the Amendment.

THE CHAIRMAN OF WAYS AND MEANS

The hon. Gentleman will have full power of proceeding with the adjourned debate upon his Amendment when the Bill is brought on on Monday.

MR. SPEAKER

Does the hon. Member withdraw his Amendment?

MR. SEXTON

Yes, Sir.

MR. ARTHUR O'CONNOR (Donegal, E.)

Have the Government any objection to introduce the words of my hon. Friend as an Amendment?

THE CHANCELLOR OF THE EXCHEQUER (Sir WILLIAM HARCOURT) (Derby)

I think it would be irregular to pass an Amendment upon a matter which stands on the Order Book for consideration on Monday next. If we were to insert the words proposed by the hon. Member for Sligo (Mr. Sexton), it would have the effect of preventing the House from taking the Belfast Main Drainage Bill into consideration on Monday next. This Order is clearly meant to apply to Bills which have not been dealt with by the House before the Prorogation, and to continue such Bills in the stage they have reached after the re-assembling of the new Parliament. I certainly think that the best course for the hon. Member for Sligo to follow is to wait until Monday, and then take the course which may seem to him to be best in regard to the Belfast Bill. So far as I am able to understand the matter, I think his object will be attained by deferring any question with regard to the Belfast Bill until Monday. This Order only applies to Bills which may not have been disposed of by the day of the Prorogation of Parliament; and before the Prorogation of Parliament takes place this Bill will have been disposed of in one way or other.

Amendment, by leave, withdrawn.

Main Question put, and agreed to.

  1. (1.) Ordered, That the Promoters of every Private Bill which shall have been introduced into this House, or brought from the House of Lords in the present Session of Parliament, shall have leave to suspend any further proceeding thereupon, in order to proceed with the same Bill in the next Session of Parliament.
  2. (2.) Ordered, That the Promoters of every such Bill shall give notice in the Private Bill Office, not later than the day prior to the close of the present Session, of their intention to suspend any further proceedings thereon; or, in the case of Bills which shall have been suspended on the Report of a Committee, or which, having passed this House, shall then be pending in the House of Lords, of their intention to proceed with the same Bill in this House in the next Session.
  3. (3.) Ordered, That an Alphabetical List of all such Bills, with a statement of the stage at which the same were suspended, shall be prepared by the Private Bill Office, and printed.
  4. (4.) Ordered, That not later than three clear days after the next meeting of Parliament, every Bill which has been introduced into this House shall be deposited in the Private Bill Office, in the form required by Standing Order No. 201, with a declaration signed by the Agent annexed thereto, stating that the Bill is the same, in every respect, as the Bill with respect to which proceedings have been so suspended, at the last stage of its proceeding in the House in the present Session; and, where any sum of money has been deposited, that such deposit has not been withdrawn, together with a certificate of that fact from the proper officer of the Chancery Division of the High Court of Justice in England or Ireland, or the Court of Exchequer in Scotland, as the case may be.
  5. (5.) Ordered, That such Bills, indorsed by one of the Clerks in the Private Bill Office, as having been duly deposited with such declarations and certificates annexed, be laid by one of the Clerks of that Office upon the Table of the House, in the next Session of Parliament, in the order in which they shall stand upon such 1697 List, but not exceeding 50 Bills on any one day.
  6. (6.) That in respect of every Bill so laid upon the Table, the Petition for the Bill, and the order of leave to bring in the same in the present Session, shall be read, and thereupon such Bill shall be read a first time; and a second time (if the Bill shall have been read a second time previously to its being suspended); and if such Bill shall have been reported by any Committee in the present Session, the Order for referring the Bill to a Committee shall be dispensed with, and the Bill ordered to lie upon the Table, or to be read a third time, as the case may be.
  7. (7.) That in case any Bill brought from the House of Lords in the present Session, upon which the proceedings shall have been suspended in this House, shall be brought from the House of Lords in the next Session of Parliament, the Agent for such Bill shall deposit in the Private Bill Office, prior to the first reading thereof, a declaration, stating that the Bill is the same, in every respect, as the Bill which was brought from the House of Lords in the present Session; and where any sum of money has been deposited, that such deposit has not been withdrawn, together with a certificate of that fact from the proper officer; and so soon as one of the Clerks in the Private Bill Office has certified that such deposit has been duly made, the Bill shall be read a first time, and be further proceeded with in the same manner as Bills introduced into this House during the present Session.
  8. (8.) That all Petitions presented in the present Session ageinst Private Bills, or against any Bill to confirm any Provisional Order or Certificate, and which stood referred to the Committees on such Bills, shall stand referred to the Committees on the same Bills, in the next Session of Parliament; and that all Notices and grounds of objection to the right of Petitioners to be heard given in the present Session within the time prescribed by the Rules of the Referees relating to such Notices shall be held applicable in the next Session of Parliament.
  9. (9.) That no Petitioners shall be heard before the Committee on such Bills, unless their Petition shall have been presented within the time limited in the present Session.
  10. (10.) That in case the time limited for presenting Petitions against any such Bills shall not have expired at the close of the present Session, Petitioners may be heard before the Committee on such Bill, provided their Petition be presented previous to, or not later than, seven clear days after the next meeting of Parliament.
  11. (11.) That all Instructions to Committees on Private Bills in the present Session, which shall be suspended previously to their being reported by any Committee, be Instructions to the Committees on the same Bills in the next Session.
  12. (12.) That no new Fees be charged in respect of any stage of a Bill upon which Fees have already been incurred during the present Session.
  13. (13.) That all Standing Orders complied with in respect of any Public Bill introduced, or intended to be introduced, during the present Session, shall be held applicable to any Bill for the same objects introduced in the next Session, and where the Examiner has already reported upon the compliance with the Standing Orders 1698 in respect of any such Bill, he shall only Report in the next Session whether any further Standing Orders are applicable.
  14. (14.) Bills to confirm any Provisional Order or Certificate introduced into this House, or brought from the House of Lords, in the present Session, shall be suspended from the close of the present Ssssion, in order to be proceeded with in the next Session of Parliament.
  15. (15.) That with regard to any such Bills the Order of Leave in the present Session shall be read, and thereupon the Bill shall be read a first time and a second time (if the Bill shall have been read a second time during the present Session); and if such Bill shall have been reported by any Committee in the present Session, the Order for referring the Bill to a Committee shall be dispensed with, and the Bill ordered to lie upon the Table, or to be read a third time, as the case may be.
  16. (16.) That all applications made, and Certificates given, and all other proceedings taken with reference to any Bill introduced, or intended to be introduced, in the present Session for confirming any Provisional Order in respect to the Inclosure of Commons, under "The Commons Act, 1876," shall be deemed to apply to any Bill introduced for the same object in the next Session.
  17. (17.) That Standing Order 39 be suspended, and that the time for depositing Duplicates of any Documents relating to any Provisional Order or Certificate be extended to not later than seven clear days after the next meeting of Parliament.
  18. (18.) That all Petitions for Private Bills deposited in the present Session, in the Private Bill Office, as to which the Examiners have not already reported, and all Petitions for leave to deposit a Petition for a Bill, or for additional Provision, deposited or presented during the present Session, shall be suspended from the close of the present Session, and the Standing Orders complied with in respect of the same shall be held applicable to such Petition or Petitions in the ensuing Session.
  19. (19.) That the said Orders be Standing Orders of this House, and be printed.