PRIVATE BILL LEGISLATION (ALTERATION OF MEMORANDUM OF ASSOCIATION). (Hansard, 12 July 1889)

§ LORD HERSCHELL

My Lords, I move that a Select Committee be appointed to join with a Committee of the House of Commons to consider and report under what circumstances, or upon what conditions, if any, Private Bills altering the terms of the Memorandum of Association of Companies ought to be allowed to pass. It will be apparent to your Lordships that this Motion arises out of the difficulty felt in regard to a Private Bill which came before your Lordships yesterday. The Chairman of Committees was in considerable difficulty in the matter, and he thought it ought to be submitted to the House to say whether the Bill was one which ought to be allowed a Second Reading or not. I am quite sure that what took place yesterday is not likely to determine his difficulties in this respect. And, my Lords, the difficulty is increased by the fact that a different view in the matter has been taken by the two Houses, as to the mode in which these Bills ought to be dealt with. A measure of that kind came before the other House, and was considered by them, and they thought it was a case in which an alteration might be allowed. There is no doubt that the mistake yesterday arose from a misapprehension. I think your Lordships will agree that two things are very desirable; first, that some rule should be made as to the mode in which such an application should be dealt with, and next that that rule should be as nearly as possible the same in both Houses, so that those interested in the matter should know exactly under what conditions such application would be likely to be successful, and under what conditions it would be useless to make them. I think this Motion is likely to have a very useful result in preventing any difficulty arising, and in removing any misconception as to the construction of the Act.