BUSINESS OF THE HOUSE. (Hansard, 11 August 1904)

§ THE MARQUESS OF RIPON
I should like to ask the noble Marquess to what extent he intends that Motion to apply to the Education (Local Authority Default) Bill, which stands for Second Reading this evening.

§ * THE MARQUESS OF LANSDOWNE
We do not think it necessary to suspend the Standing Order in reference to that Bill.

§ * THE EARL OF WEMYSS
I waited, before rising, to hear if any noble Lord had anything to say upon this principle of suspending the Standing Order. What it means is simply this, that your Lordships' House as a practical, deliberative, legislative Assembly should give up the powers which you have under the Standing Orders of revising and checking Bills that come up from the other House. It practically makes the Government omnipotent as regards any Bill which at this late period of the session they may think it right to bring forward. My noble friend the Secretary of State for Foreign Affairs talked last year about having a retaliatory fiscal revolver. The suspension of this Standing Order is nothing but a revolver which you put in the hands of the Government of the day, and which gives them the power of doing away with the general supervision on the part of your Lordships' House, and I venture to think it is a power which should not be given unless you know in what way this fully charged revolver is to be used. I think, before your Lordships grant this extreme power, we ought to know from my noble friend in what way it is going to be used. He ought to give us a list of the Bills with regard to which he intends to exercise this power. Standing Order No. XXXIX., which your Lordships are asked to suspend, reads as follows— No Bill shall be read twice the same day; no Committee of the Whole House shall proceed on any Bill the same day the Bill is committed for the first time; no Report shall be received from any Committee of the Whole House the same day such Committee goes through the Bill when any Amendments are made to such Bill; no Report shall be received from any Standing Committee with regard to any Bill the same day on which such Bill is reported from such Committee when any Amendments have been made to such Bill either in Committee of the Whole House or by the Standing Committee; and no Bill shall be read the third time the same day that the Bill is reported from the Committee. It is believed that there are only two more days left of the session. Very important Bills containing great principles may be brought up to this House from another I place, and if this Order is suspended they can be passed through all their stages in one day. I contend that that is neither 161 constitutional nor right. There is another Standing Order, dated 1668, which refers to a Bill of an exceptional nature passing without the ordinary form of procedure, and goes on to state that this was a wholly exceptional proceeding, and that it was not to be departed from in the future. The words are— Upon report made by the Lord Chamberlain from the Committee of the Whole House, concerning the Bill.… in regard to the said Bill being very long, and consisting of many paragraphs, came from the House of Commons so near the time of adjournment, he was commanded to report it as the opinion of the Committee that it might be entered into the Journal Book of this House, that there may be no such argument hereafter used in this House, as was upon this Bill (of shortness of time for the passing of the Bill), to precipitate the passing thereof; but that due consideration may be had hereafter, according to the course of Parliaments… I submit that if Standing Order XXXIX. is suspended this Standing Order ought to be repealed as well. Before the House is asked to give up its power and allow the Government of the day to tyrannically pass measures in a single sitting, some information ought to be given of the Bills for which such powers are asked.

§ * THE MARQUESS OF LANSDOWNE
I am not at all surprised that my noble friend should come forward as the guardian of the privileges of this House, and I can assure him that I regret as much as he does the necessity of expediting our business by these methods; but I am under the impression that at the end of every session, in order to wind up our business, we find it necessary to resort to some such steps as these, and unless it can be shown that the House is really deprived of an opportunity of debating measures which it could usefully debate or amend, I do not think that the grievance is really a very serious one. I have already, in response to an appeal from the noble Marquess opposite, said we do not desire to suspend the Standing Order in reference to the Second Reading of the Education (Local Authority Default) Bill. I can rely only upon the indulgence of the House. The matter is in your Lordships' hands, and if you prefer to prolong the session for a few days we are powerless to prevent your doing so.

§ * THE EARL OF WEMYSS
Will the noble Marquess name the Bills to which the closure is to be applied? It all turns upon that. If they are Bills containing vital principles they should be capable of being discussed at every stage. I say it would be a tyrannical act to pass those Bills without any discussion, and if your Lordships agree to this Motion without knowing the Bills to which it will apply, you will be sacrificing your position as a deliberative assembly. I shall certainly say "Not Content" to the Motion.