Questions to private members. 'simply and severely accurate in their allegations,' for when mere opinions are expressed, at a time when they cannot be rebutted, there is an encroachment upon the liberty and freedom of discussion. And a question has been refused a reply because it referred to a mere matter of opinion. с Hypothetical questions are objectionable, and as a rule should not be answered. For no minister can undertake to say what the government, or what he himself will do, in a certain event, until the case has actually arisen, and its circumstances are fully known. No doubt there may be subjects of sufficient importance to justify prospective enquiry, but, speaking generally, the position of the responsible servants of the crown in Parliament is to be responsible for what they do, and they are not called upon to take this House into their counsels in regard to what they are going to do on every small matter." If an intended question be couched in offensive terms, or be otherwise objectionable, the Speaker in the Commons, or the House itself, in the Lords, will direct it to be altered or withdrawn. And no question should be put to ministers that is not pertinent to the argument of some question before the House.'h Besides questions to ministers of the crown, enquiries are sometimes addressed to ex-ministers,' to the Leader of the Opposition,' and to persons filling subordinate or non-political offices, in regard to the particular interest they represent; as, for example, members of royal or statutory commissions, the Archbishop of Canterbury, as k Hans. Deb. vol. clxxxiv. pp. 1066, e Mirror of Parl. 1828, pp. 2257, Mirror of Parl. 1837-38, p. 3425. Hans. Deb. vol. cl. p. 1596; vol. clxi. p. 342; vol. excii. p. 711. The Speaker. Ibid. vol. cxcii. being President of the Upper House of Convocation,' and members of the Metropolitan Board of Works "— on matters of public concern. The right to put questions to private members of either House is strictly limited, however, to enquiries with respect to particular measures or proceedings before Parliament in which they are concerned." If a question does not come within this category, the Speaker would interpose and prevent its being put, or else inform the member that he need not answer it unless he pleased." Answers to questions should be confined to the points Answers to of enquiry, with such explanations only as may be neces- questions. sary to render the answer intelligible. But it has always been usual to accord a greater latitude in this respect to ministers of the crown." It has become an increasing habit for minute enquiries to be made in the House of Commons, in regard to public occurrences in all parts of the globe," and sometimes questions are asked which ministers find it inconvenient to answer. Under such circumstances it is not unusual for the minister responding to enter largely into detail, but nevertheless to evade a direct reply to the question. This is a course which is often fit and becoming to adopt when questions are put to which it would be indiscreet to give a direct answer.'" If a minister decline to answer a question, upon a matter of public concern, the subject thereof may be brought before the House by a special motion.* This course is sometimes preferable, as no matter ought to be propounded in the form of a question which is calculated 1 Hans. Deb. vol. clxxxviii. p. 1168. Ibid. vol. cxcii. pp. 341, 2138. ■ Ibid. vol. lxiii. p. 491. And see ibid. vol. clv. p. 1345; vol. clxvi. p. 2028; vol. clxxiv. p. 1914. • Ibid. vol. lxxvi. p. 1177. And see vol. lxxv. p. 1211. Mirror of Parl. 1831, p. 208. May, ed. 1868, p. 302. Rule No. 154. The Speaker. Hans. Deb. vol. clxi. p. 497; vol. clxxiv. p. 1423. See Commons' Papers, 1852-3, vol. xxv. p. 303. s Lord Palmerston. Hans. Deb. vol. clxx. p. 359. Mirror of Parl. 1838, pp. 5381, 5386, 5870. Questions in the Lords. to raise discussion, or to anticipate explanations that could only be properly given in a general debate." Numerous precedents can be cited wherein ministers of the crown, and other members, have declined to give any answer to questions which they considered to be unnecessary, inexpedient, unusual, or impertinent. Generally they state reasons for declining to afford the desired information, but sometimes when the question is peculiarly objectionable no notice whatever is taken of it." In the House of Lords, a greater latitude is allowed in regard to questions. Until recently, a private notice was always deemed to be sufficient, which gave rise to much inconvenience, as it is customary to permit debates to take place, in the Lords, upon putting and answering questions, commenting upon the subject matter of the same, without any formal question being before the House." But in 1867 a committee of the House of Lords recommended that, with a view to direct the attention of peers interested therein, to questions upon which a debate may arise, notice of all questions which admit of delay should be given in the minutes. After due deliberation thereon, the House resolved, on April 2, 1868, that it is desirable, where it is intended to make a statement, or to raise a discussion on asking a question, that notice of the question should be given in the orders of the day and Notices." Ministerial Sometimes information upon a subject on which an statements. enquiry had been made of ministers is given at a later period of the session, without further question or motion thereupon.* Or ministers may voluntarily communicate u Mirror of Parl. 1831, Mirror of Parl. 1828, p. 516. information upon a matter of public interest, concerning which no question had been asked." Ministers of the crown may make statements to Parliament, from information in their possession, without being obliged to produce a written authority for the same.b But they are not at liberty to read, or quote from, a despatch or other state paper, not before the House, unless prepared to lay it on the table. But this rule only applies to public documents, and to such as can be produced without injury to the public interests." (f.) The issue and control of Royal, Statutory, and Departmental Commissions. Enquiry. In the preparation of measures to be submitted for the Commisconsideration of Parliament, and in the conduct of public sions of enquiries into matters which require the action of the executive government, it is necessary that the ministers of the crown should be able to avail themselves of competent assistance from every quarter, in collecting accurate information upon all public questions. So far as the preparation of legislative measures is concerned, the time of Cabinet Ministers is unavoidably so much engrossed by their official functions, that there are very few of them who can give their attention to a great subject, and look at the consequences to the country of the measures which are adopted." With a view to afford substantial assistance to government in this direction, it has been customary of late years for select committees to be appointed by the Houses of Parliament, either at the suggestion, or with the concurrence of ministers, to investigate various important public questions * Mirror of Parl. July 18, 1831, p. 638. Palmerston, Hans. Deb. vol. clxx. pp. 1585, 1841. AttorneyGeneral (Palmer), ibid. vol. clxxix. p. 489. * See cases cited, in May, edition 1868, p. 320. Hans. Deb. vol. Lord John Russell, Report on Their peculiar value. upon which legislation founded upon evidence is necessary. But a resort to parliamentary committees in such cases is sometimes objectionable, as it may tend to diminish the responsibility which properly belongs to the advisers of the crown. This method of enquiry, moreover, is open to the inconvenience of having to be conducted under the pressure and distraction of other parliamentary duties and it has often happened that after a protracted investigation into a particular subject, a parliamentary committee has been obliged to abandon the attempt to complete the enquiry to its own satisfaction, and has recommended that a royal commission should be appointed, who could bestow a more thorough and undivided attention upon it. Preliminary enquiries by a royal commission are of inestimable service to the working of parliamentary government. Besides affording peculiar facilities for ascertaining facts, they frequently bring to light a mass of information upon the subject in hand which could be obtained in no other way, and the report of an able and impartial commission is often of the highest value in the instruction and enlightenment of the public mind. The questions of pauperism and poor-law administration, of crime and penal administration, of pestilence and sanitary legislation, and of the evils attendant on excessive manufacturing labour, are conspicuous instances of the effects of commissions of enquiry in reversing every main principle, and almost every assumed chief elementary fact, on which the general public, parliamentary committees, and leading statesmen, were prepared to legislate." It is not only as being directly helpful to ministers of the crown in the preparation of their legislative measures, but also as a means for the impartial investigation of See ante, vol. i. p. 270. Paper by Mr. E. Chadwick, C.B. read before the Society for promoting the Amendment of the Law, January 29, 1859, on the Preparation of Legislative Measures by the cabinet, by parliamentary committees, and by commissions of enquiry in Law Amendment Journal, Feb. 3, 1859. |