CHAPTER IV.

PUBLIC, PRIVATE, AND MONEY BILLS.

In early times bills were enacted in the form of petitions to the Crown, which, with the royal assent, were entered upon the Rolls of Parliament, and subsequently drawn up in the form of statutes by the judges, and placed upon the statute roll. This system seems to have given rise to some abuse, provisions often being inserted in the statute itself which were not to be found in the original petition, (a) and the practice of introducing bills in the form of complete statutes, as at present, became established about the reign of Henry VI.

Public Bills.

At the present day the procedure for public bills, which, with a few slight variations, is the same in either House, is as follows:

Bills may originate in either House, except money or appropriation bills, which originate in the Commons, and bills for the restitution of honours, and bills of attainder and pains and penalties, which generally originate in the Lords. It is usual, also, for bills affecting the privileges or proceedings of either House to commence in that House. The regulations for the proceedings with regard to public and private bills are to be found in the Standing Orders of either House. Every public bill must pass through several stages.

1. Notice of Motion.-In the Commons, prior to the year 1902, notice of motion for leave to introduce a bill had to be entered by the member who wished to bring in the bill. Since 1902 (in pursuance of Standing Order (Public Business) No. 31 (2)), a member may either give notice of his intention to adopt the old procedure, or may, after notice, present a bill at the

(a) See Preface to Ruffhead's Statutes.

Table without an order of the House. In the Lords, no notice of motion or leave is necessary, and any member may present a bill, and have it laid upon the table.

2. Motion for Leave to Introduce.-Under the old procedure the motion for leave to introduce the bill is made in due course, and this is either carried or negatived without debate.

3. First Reading.-The bill is then presented, either at the same or a subsequent sitting, in accordance with the order granting leave to introduce the bill; or is presented under the new procedure without any such order. The question is then put, “That the bill be now read a first time, and that the bill be printed,” and this is usually carried as a matter of course, no amendment or debate being allowed at this stage. (b) At the same time a date is fixed for the second reading, and in the mean time the bill is printed and distributed amongst members.

4. Second Reading.—At the second reading the principle of the bill is discussed, but not the details, and the question put, “That the bill be now read a second time,” and this is either carried-in which case the principle of the bill is affirmed -or an amendment is moved, "That the bill be read six months hence," or at some date beyond the probable duration of the session. If the amendment is carried, the effect is to prevent the bill being passed into law during that session. An alternative mode of opposing a bill is by moving a resolution as an amendment to the original question "that the bill be read a second time," stating reasons why the House should not proceed further with the consideration of the bill. If this amendment is carried, it negatives further proceedings with regard to the measure on that particular occasion, though the bill may again be brought up for second reading at some future date.

5. Committee Stage. Having passed the second reading, the bill (if it is a money bill) is now referred to a committee of the whole House, presided over by the chairman of committees: All other bills stand committed to one of the four standing committees, unless the House, on motion decided without amendment or debate, otherwise orders, when it may be referred to a committee of the whole House, or

(b) Standing Order, No. 31, (1), (2).

to a select committee, or a joint committee of the two Houses (Standing Order No. 46). The bill is now said to be in committee, and is considered clause by clause and amendments made.

6. Report Stage.-Having passed through committee, the fact is reported to the House by the chairman, and this is termed the Report Stage. On a day named the bill is considered in its amended form, and further amendments may be made or clauses added, (c) or it may be again referred to committee.

7. Third Reading. The bill is then read a third time, and though the question, "That the bill be now read a third time," may be negatived, this is not necessarily fatal to the passing of the measure, which may be brought up for third reading at some future date. In the Commons only verbal amendments may be made at this stage; (d) in the Lords, new clauses may be added or amendments made.

8. Sending on the Bill.-The bill is then sent to the other House. If the bill is sent to the Lords from the Commons, it is endorsed, "Soit baillé aux seigneurs"; if sent from the Lords to the Commons the endorsement is, "Soit baillé aux communes."

9. Reading in the other House. The bill is read three times in the other House, and may be agreed to either with or without amendments, or rejected.

Prior to the passing of the Parliament Act, 1911, which relates only to bills sent up by the Commons to the Lords, the position with regard to bills sent from either of the two Houses to the other House was as follows:

If the bill were returned by one House to the other with amendments, the House which originally passed the bill might determine to abandon it, in which case it was lost; or a compromise might be effected in one of two ways either by a formal conference with the other House, or by communicating a statement of reasons for disagreeing to the amendments.

If the Lords rejected a bill sent up from the Commons, or

(c) But at the Report Stage no amendment which could have been proposed in Committee may be made without an instruction from the House (Standing Order, No. 41).

(d) Standing Order, No. 42.

if no compromise could be arrived at with regard to amendments, the only solution of the difficulty if the Commons refused to abandon the measure, was an appeal to the electorate by a dissolution, when, if a majority were returned pledged to support the measure, the Lords would either give way, or, in the event of their not doing so, the Crown could create sufficient new peers to ensure the passing of the measure, as was done in 1712 on the occasion of the passing of the Treaty of Utrecht, and as was threatened to be done, should the Lords refuse to give way, in the case of the Parliament Act, 1911. On the occasion of the passing of the Reform Bill of 1832, the bill was rejected on its second reading in the Upper House; but having been reintroduced in the Commons and sent back, the Lords yielded to the combined pressure of the Crown and the Commons, and passed the measure.

The above is still the position in so far as it relates to bills sent by the Lords to the Commons. As to bills sent by the Commons to the Lords, it will be seen that in the case of a House of Lords having a large majority opposed to the policy of the party in power in the House of Commons, it was possible for the former to obstruct the measures of the latter by rejecting them altogether, or inserting unacceptable amendments; the only effective remedy for the ministry being to advise the Crown to create large numbers of new peers, so as to enable them to obtain the majority requisite to pass their measures in the House of Lords, such a course being for many reasons wholly to be deprecated. It was such a course of events which led to the passing of the Parliament Act, 1911.

Under this Act, which came into force on the 18th August, 1911, if any public bill (other than a money bill, (e) or a bill providing for the maximum duration of Parliament beyond five years) is passed by the House of Commons in three successive sessions (whether of the same Parliament or not), and has been sent up to the House of Lords at least one month before the end of each session, is rejected (f) by the House

(e) For the provisions of the Act relating to money bills, see p. 93, post.

(f) A bill is deemed to be rejected by the House of Lords if not passed either without amendments, or with such amendments as may be agreed to by both Houses. Parliament Act, 1911 (1 & 2 Geo. V. c. 13, s. 2 (3)).

of Lords in each of those sessions, unless the House of Commons directs to the contrary, the bill is to be presented to the Crown, bearing an endorsement signed by the Speaker of the House of Commons, that the provisions of the Act have been complied with, and becomes an Act of Parliament on the royal assent being signified in the usual manner. (g) This provision, however, does not take effect unless two years have elapsed between the date of the second reading in the House of Commons in the first session, and the date on which it passes the House of Commons in the third session. (h)

On the passage of the bill in the second and third session the House of Commons may suggest amendments to be considered by the House of Lords, which if agreed to by the latter may be inserted in the bill. Otherwise on any successive passing and sending up to the House of Lords the bill may contain only such alterations as have been rendered necessary by the lapse of time since the last passing, or which represent amendments made by the Lords in the preceding session, or in the third session, and agreed to by the Commons. (i) Not having been passed by the House of Lords, a change in the usual form of wording of the enacting clause is required for bills passed under the Act; and this is provided for by the Act. (k)

10. Royal Assent.-Having passed both Houses, or having complied with the provisions of the Parliament Act, 1911, stated above, the bill is ready for the royal assent, which may be affixed either in person or by commission under the sign manual and Great Seal. (1) The form of assent for ordinary bills is le roy le veult, for money bills le roy remercie ses bons sujets, accepte leur benevolence, et ainsi le veult. Assent is refused by the words le roy s'avisera. Assent was refused frequently by William III., but has been uniformly granted

(g) Parliament Act, 1911, 1 & 2 Geo. V. c. 13, s. 2 (1).

(h) Ib. s. 2 (2).

(i) Ib. s. 2 (4).

(k) The enacting clause of bills passed under the Act is to run :— "Be it enacted by the King's most Excellent Majesty, by and with consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Act, 1911, and by authority of the same, as follows."

(1) 33 Hen. VIII. c. 21.