Parliamentary inquiry

“ Parliamentary inquiries are of the same nature of privileged questions, and may even interrupt a highly privileged question if requiring immediate action; they rank with points of order, questions of privilege, questions of consideration, etc., inasmuch as they do not require to be seconded and the member making the inquiry does not wait for recognition before stating his object in rising. They should not interrupt a member speaking unless they refer to a matter requiring immediate action. When a speaker is so interrupted he retains his right to the floor, after the inquiry is answered. ”

“ This requirement is according to obvious reason, and is sustained by parliamentary authorities. In familiar language, a proposition is committed to its friends and not to its enemies.
In illustration of this rule, we are told that members who have spoken directly against what is called “the body of the bill,” meaning, of course, the substance of the inquiry, are not expected to serve on the committee, but, should they be so nominated, to decline. Their presence on a committee is not unlike participation in a trial by a judge or juror interested in the result. ”

“ At present, if the Commons decidedly oppose that policy, the Prime Minister, with his Cabinet, either resigns, and a new Cabinet is chosen, or the Minister appeals to the people for support, and the sovereign dissolves Parliament and orders a new parliamentary election, by which the nation decides the question. ”

“ Being responsible for the whole conduct of parliamentary business, he must keep a close watch upon every pending bill, and determine how much of Government time shall be 218 allotted to each, and in what order they shall be taken, and how far the general feeling of the House will let him go in seizing the hours usually reserved for private members, and in granting or refusing opportunities for discussing topics he would prefer to have not discussed at all. ”

“ A member of Parliament has undoubtedly the privilege, for the purpose of producing parliamentary effect, to speak in Parliament boldly and clearly what he thinks conducive to that end. He may even, for that purpose, if he thinks it right, cast imputations in Parliament against the character of any individual, and still he will be protected. ”

“ In ordinary deliberative assemblies the right to debate questions before taking final action upon them should never be suppressed by less than a two-thirds vote, and the motion to lay on the table should be used only for its legitimate parliamentary purpose of laying aside a question temporarily.
Where the practice of Congress differs from that of Parliament, the common law of this country usually follows the practice of Congress. ”

“ The whole conduct of the government turns upon what is said in the Commons, because the revelations of debate often change votes, and a Ministry loses hold upon power as it loses hold upon the confidence of the Commons. This great Standing Committee goes out whenever it crosses the will of the majority. It is, therefore, for these very simple and obvious reasons that the parliamentary debates are read on this side of the water in preference to the congressional debates. They affect the ministers, who are very conspicuous persons, and in whom, therefore, all the intelligent world is interested ”

“ By a call upon the Government or a given department for information, by the constitution of parliamentary committees, departmental committees, or royal commissions, and, in particular by taking advantage of the numberless opportunities afforded by the enactment of appropriation bills, the House of Commons may further impose upon the executive the most thoroughgoing (p. 130) responsibility and control. "A strong executive government, tempered and controlled by constant, vigilant, and representative criticism," is the ideal at which the parliamentary institutions of Great Britain are aimed. ”

“ He must have sufficient knowledge of committees to enable him, without embarrassment, to serve as chairman of one. He must thoroughly understand the subject of amendments, which is the most important, and, perhaps, the most difficult part of parliamentary law. ”

“ So much misapprehension and misrepresentation prevails as to what has really taken place in the House of Commons with reference to my Parliamentary struggle, that I reprint the Report of the Second Select Committee and the Evidence taken before such Committee, together with my three speeches at the bar and the resolutions of the House: these together giving the actual facts. ”

“ These committees are admirably calculated to diffuse knowledge, to communicate intelligence, and promote unanimity. If the high whigs are generally of such committees, it is because the freeholders, who choose them, are such, and therefore prefer their peers. The tories, high or low, if they can make interest enough among the people, may get themselves chosen, and promote the great cause of parliamentary revenues, and the other sublime doctrines and mysteries of toryism. ”

“ One very clear cause of failure in the House of Lords to give satisfaction lies in the fact that, although government by Party is the very groundwork of the parliamentary constitution, as far as the Upper House is concerned such an idea might just as well not exist at all. ”

“ The fundamental principles of parliamentary law require a two-thirds vote for every motion that suppresses a main question for the session without free debate. The motion to lay on the table being undebatable, and requiring only a majority vote, and having the highest rank of all subsidiary motions, is in direct conflict with these principles, if used to suppress a question. ”

“ Moreover, whatever foundation of fact underlie the charges, it should be borne in mind that parliamentary government has only existed for ten years, and it would not be reasonable to expect in a decade those virtues which were of very slow growth in our own Mother of Parliaments. ”

“ Parliaments are losing much of their importance, because the real deliberation is being transferred from them to the press and the general organs of discussion by which the great questions are virtually decided, parliamentary speeches being little more than reproductions of arguments already used outside the House, and parliamentary divisions little more than registrations of public opinion. ”

“ On these grounds, some persons, incapable of seeing more than one side of a question, have pronounced parliamentary government a positive evil, and have maintained that the administration would be greatly improved if the power, now exercised by a large assembly, were transferred to a single person. ”

“ While in extreme cases there is no difficulty in deciding the question as to whether the practice of Congress determines the common parliamentary law, yet between these extremes there must necessarily be a large number of doubtful cases upon which there would be great difference of opinion, and to avoid the serious difficulties always arising from a lack of definiteness in the law, every deliberative assembly should imitate our legislative bodies in adopting Rules of Order for the conduct of their business. [1]
Plan of the Work. ”

“ These dangers belong to early and scattered communities, where there are no interesting political questions, where the distances are great, where no vigilant opinion passes judgment on parliamentary excesses, where few care to have seats in the chamber, and where many of those few are from their characters and their antecedents better not there than there. The one great vice of parliamentary government in an adult political nation, is the caprice of Parliament in the choice of a ministry. A nation can hardly control it here ”

“ If, however, we speak of parliamentary strategy in its larger sense, as covering familiarity with parliamentary forms and usages, the powers of seizing a parliamentary situation and knowing how to deal with it, the art of guiding a debate and choosing the right moment for reserve and for openness, for a dignified retreat, for a watchful defense, for a sudden rattling charge upon the enemy, no one had a fuller mastery of it. His recollection of precedents was unrivaled, for it began in 1833 with the first reformed Parliament, and it seemed as fresh for those remote days as for last month. ”

“ The simpler points of form and of order, and the competency or incompetency of leading a certain line of evidence, are matters which few of these gentlemen have any pretension to understand. And the consequence is, that in some cases the inquiry is protracted to a ridiculous length, by the intervention of parties who have no right whatever to be heard, and in others, a fair and legitimate opposition is ruthlessly strangled in the bud. The wisdom of collective parliament is undoubtedly great, but I deny that such wisdom is equally divided among the members. ”

“ Even the suggestions of individual supporters of the administration in power must be ignored, unless there is a cave which might turn out the ministry altogether. In detail, therefore, we are governed, not by Parliament, but by the permanent officials, so far as really important Government measures are concerned: and it is quite evident that bills introduced by private members will very soon not be considered at all. The private member is rapidly being reduced to nothingness by the force of parliamentary development. ”

“ The fact that men with all shades of opinions sit upon these committees, and have an opportunity to examine the witnesses, lifts their reports, and still more the evidence they collect, above the plane of mere party documents, and gives them a far greater permanent value. Many committees are not directly concerned with legislation, that is, with a bill actually pending, but only with inquiry into some grievance, some alleged defect in the law or in administration, yet their reports often lay the foundation for future statutes ”

“ SIR, ⁠WHILE parliament was sitting, it would neither have been safe, nor perhaps quite regular, to offer any opinion to the public, upon the justice or wisdom of their proceedings. To pronounce fairly upon their conduct, it was necessary to wait until we could consider, in one view, the beginning, progress, and conclusion of their deliberations. The cause of the public was undertaken and supported by men, whose abilities and united authority, to say nothing of the advantageous ground they stood on, might well be thought sufficient to determine a popular question in favour of the people. ”

“ At that time almost all the business of the House, even to its most minute details of legislation, was done in the debating-chamber itself. The scheme which was adopted a great many years later, and by means of which the shaping of the details of legislative measures is commonly relegated to Grand Committees, as the Parliamentary phrase goes, had not then found any favor with statesmen. ”

“ On the other hand, the opportunities to pass judgment upon particular acts of the ministers have diminished very much, and there is a marked tendency to make a definite expression of opinion on such matters by vote of the House more and more difficult. Such a tendency is entirely in accord with the true principle of parliamentary government. There ought to be the fullest opportunity for criticism ”

“ A work on parliamentary law has long been needed, based, in its general principles, upon the rules and practice of Congress, but adapted, in its details, to the use of ordinary societies. Such a work should give not only the methods of organizing and conducting meetings, the duties of officers and names of ordinary motions, but should also state systematically in reference to each motion, its object and effect ”

“ It is therefore only natural that the interest in parliamentary affairs should be more widely disseminated to-day than ever. It does not confine itself to actual or potential members of both Houses, but is to be found in the bosom of the humblest constituent, and even of that shadowy individual vaguely referred to as the Man in the Street. Though, however, the interest in Parliament is widespread, a knowledge of parliamentary forms, of the actual conduct of [vi] business in either House, of the working of the parliamentary machine, is less universal. ”

“ The term “previous question” is misleading, and is in itself perplexing, as it seems to refer to the question previous to the one under discussion, when in fact it is the name of a motion which is used to bring the matter before the assembly immediately to vote. In other words it is a motion to suppress debate on the question then under discussion, or one subsidiary to it, and to stop further compilation of new amendments or motions by bringing it to vote at once in the form in which it exists. ”

“ But as their knowledge of parliamentary law has been obtained from the usages in this country, rather than from the customs of Parliament, it has resulted that these societies have followed the customs of our own legislative bodies, and our people have thus been educated under a system of parliamentary law which is peculiar to this country, and yet so well established as to supersede the English parliamentary law as the common law of ordinary deliberative assemblies. ”

“ The reform measures of 1867 and 1884, establishing in substance a system of manhood suffrage in parliamentary elections, converted the House of Commons into an organ of thoroughgoing democracy. The development of the cabinet system brought the working executive, likewise, within the power of the people to control. ”

“ Resolved that petitions founded upon these resolutions, be forthwith presented to both Houses of Parliament, praying them to institute a full and faithful inquiry into the state of the representation with the view to the remedying of such defects therein as time and various encroachments have produced, so as to give real effect to the essential principles of the constitution, namely, that members of parliament shall be freely chosen, that peers shall not interfere in elections, and that in the House of Commons, the king may with truth, be said to meet his people in parliament. ”