HC Deb 14 July 1890 vol 346 cc1617-20

Bill considered in Committee.

(In the Committee.)

Schedule.

Motion made, and Question proposed, "That Schedule 1 stand part of the Bill."

(4.58.) MR. CONYBEARE (Cornwall, Camborne)

I beg to move to insert "34 Ed. III., Sec. 1."

THE CHAIRMAN

Order, order! This is a Bill for repealing statutes which are no longer in force, but the hon. Member proposes to repeal a Bill which is in force, and which has been recently applied. That is quite outside the scope of the Bill.

(4.59.) MR. T. M. HEALY (Longford, S.)

I think this point was decided differently on a former occasion when a Statute Law Revision Bill was under consideration.

THE CHAIRMAN

If so, it was irregular.

MR. T. M. HEALY

Are you not, Sir, bound by precedent?

THE CHAIRMAN

I think not.

MR. CONYBEARE

But are we not entitled to show that this Act is not in active operation? And if we show that, is it not competent for us to move to repeal it?

THE CHAIRMAN

The statute might be repealed, undoubtedly, if it were not in operation, but I understand it has been recently applied.

(5.0.) MR. T. M. HEALY

Would it not be in order to move to repeal the statute as regards England and Scotland?

MR. CONYBEARE

I should like to point out that it was never intended that this statute should apply to Ireland, and that it has been wrongfully enforced in that country.

THE CHAIRMAN

In another form, and on another occasion, that might be a proper subject for argument, but it cannot be raised now.

MR. CONYBEARE

Then I beg to move to report Progress.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—(Mr. Conybeare)

(5.1.) THE SOLICITOR GENERAL (Sir E. CLARKE,) Plymouth

I hope that the hon. Member will not persist in the Motion. The Bill has been very carefully considered by a Select Committee, and there is no controversial matter in any part of it. It deals with Bills between the 43rd year of George III. and the sixth year of William IV., and the passage of the Bill is being awaited in order to issue two new volumes of Revised Statutes. The hon. Member will be rendering a great service if he co-operates in getting this Bill through the House.

(5.3.) MR. BRYCE (Aberdeen, S.)

On a proper occasion I shall be glad to assist in repealing this particular Statute, but as the Chairman has ruled that it cannot be done now, I hope hon. Members will not prevent the passing of the Bill, which is necessary in order to allow the issue of new volumes of the revised Statutes, which are awaited with considerable interest.

MR. CONYBEARE

I shall have to press the Motion.

(5.4.) MR. STOREY (Sunderland)

May I point out the Bill is intended to provide for the repeal of Statutes which are of such a nature as to be no longer capable of being put in force, regard being had to altered political or social circum stances. I submit that this Statute of Edward III. comes under that provision. Certainly it is incapable of being put in force in England, and I hold that at any rate it is competent for us to move to repeal it so far as England is concerned.

(5.5.) MR. CONYBEARE

I should be glad to withdraw my Motion to report Progress if it were not for the important point which has been raised that according to precedent we are entitled—

(5.6.) THE CHAIRMAN

Order, order! That point cannot be debated on a Motion to report Progress.

MR. CONYBEARE

I only wish to say that having regard to that fact I do not feel that I can withdraw my Motion.

(5.7.) DR. TANNER (Cork Co., Mid)

I understand that this Statute was passed in order to avoid vexatious and frivolous arrests. I think it is time the Government, seeing the use made of it, have made up their minds to include it in this Bill, and I sincerely hope that even now they will consent to do so.

(5.8.) The Committee divided:—Ayes 93; Noes 195.—(Div. List, No. 186.)

Original Question put, and agreed to.

Bill reported without Amendment.

(5.23.) MR. W. H. SMITH

I hope that the House will assent to the Motion I now make, that the Bill be read a third time.

Motion made, and Question proposed, "That the Bill be now read the third time."

DR. TANNER

I object. I wish to know whether the Committee stage of a Bill, the Report, and the Third Reading can all be taken on the same day?

*MR. SPEAKER

There is no Report stage, as the Bill has been passed through Committee without Amendment. By the general consent of the House a Bill can be read a third time after it has been passed through Committee.

(5.24.) DR. TANNER

Is it impossible for me to raise an objection to the Bill being read a third time?

*MR. SPEAKER

The objection of two or three voices will not suffice to prevent the Bill being read a third time.

Question put, and agreed to.

Bill read the third time and passed, without Amendment.