1 every class of question upon which the crown or Parliament may need to be informed, that recourse may appropriately be had to a royal commission. It will therefore be suitable in this connection to point out the rules applicable to the issue of commissions, and to the subsequent proceedings in relation thereto. cerning A royal commission may be appointed by the crown, Rules coneither at its own discretion, and by virtue of its preroga- commistive, or in conformity with the directions of an Act of sions. Parliament, or in compliance with the advice of one or both of the Houses of Parliament. It is not necessary for both Houses to unite in an address to the crown for the issue of a royal commission, except when the same is expressly required by a particular statute, as, for example, the Act 15 & 16 Victoria, c. 57, which prescribes a joint address in order to obtain the appointment of a commission of enquiry into the prevalence of corrupt practices in any parliamentary constituency." While commissions are issued upon an address from either House indifferently, such addresses emanate more frequently from the Commons than from the Lords ;1 and so much respect is usually paid to the expressed wishes of either House of Parliament that even though an address for the appointment of a commission be carried against the opposition of ministers, it is customary for the crown to direct the commission to be issued.' k The constitutional right of the crown to issue commissions of enquiry has indeed been questioned, but mainly for reasons which, however weighty they might have been so long as prerogative government existed, are wholly See May, Parl. Prac. ed. 1863, p. 635. Such an address should originate in the Commons, and be moved for by the chairman or some other member of the Election Committee before whom the existence of bribery in the constituency was proved. Hans. Deb. vol. clxxxvi. p. 995. Com. Journ. vol. cxviii. pp. 250, 265, 363, 377; vol. cxix. pp. 215, 229. Lords' Journ. vol. xciii. p. 633. * See Toulmin Smith, on Govern- Their scope limited. inapplicable to our present political system. Since ministerial responsibility has been properly defined and understood, commissions have become a recognised part of our governmental machinery, and it is now freely admitted that when confined to matters of legitimate enquiry they serve a most useful and beneficial purpose.' But it would be unconstitutional to refer to a royal and powers commission 'subjects which are connected with the elementary duties of the executive government and with its relations to parliament;' or to appoint a commission with a view to evade the responsibility of ministers in any matter, or to do the work of existing departments of state, who possess all needful facilities for obtaining information upon questions of detail, and who are directly responsible to Parliament; or to enquire into crimes and offences committed by particular individuals, and which are cognisable by the ordinary courts of law. Neither should a commission be appointed unless the government are prepared to give definite instructions to the commissioners." A commission of enquiry should be limited in its operations to obtaining information, and suggesting the points to which it might be expedient that legislative or executive action should be directed. No commission should be invited to enter upon any question of policy,' lest it 1 Cox, British Commonwealth, p. 250. Cox, Inst. Eng. Govt. p. 155. In the fiscal year 1867-8, no less than twenty-three temporary commissions of enquiry were sitting at one time; though this number was considerably beyond the average. Civil Service Estimates, 1868-9, class ii. p. 63. m See Hans. Deb. vol. clxx. pp. 915-919. Ibid. (Mr. Gladstone) vol. clxxv. pp. 1208, 1219. Toulmin Smith on Commissions, pp. 150-159. In 1867, however, a royal commission on Trades' Unions was specially empowered by Parliament to enquire into any acts of intimidation, outrage, or wrong, alleged to have been promoted, encouraged, or connived at by Trades Unions or Associations, whether of workmen or employers, in the town of Sheffield or its neighbourhood, and as to the causes of such acts, and the complicity therein of such Trades Unions,' &c. But the commissioners were subjected by the statute (30 Vict. cc. 8, 74) to restrictions in the exercise of these extraordinary powers. See post, p. 354. Without the authority of Parliament, any obstruction of, or interference with, the administration of justice by a royal commission, would be illegal. See Hans. Deb. vol. clxxvii. pp. 345, 378, 401. the should trench ment of Commissions of enquiry appointed by the crown, or by Appoint the head of any department of state, to examine into a Commisparticular matter, or to collect information on any impor- sions. tant public question and advise the crown upon the same, are usually issued from the office of the executive government which they may specially concern, whether it be that of a secretary of state, the treasury, or any other department. When not otherwise ordered, it becomes the duty of the Home Office to conduct the correspondence with the commissioners. And as a general rule, 'all the reports of royal commissioners come within the province of the home department alone." The sovereign, by a commission issued under the sign manual, or by patent under the great seal, authorises certain persons therein named to enquire into a specified subject and report to the crown thereon." It is customary on all occasions that the royal commands set forth in the commission should be more fully explained by instructions issued from the department of state specially concerned in the enquiry. If the enquiry has been instituted upon the recommendation of either House of Parliament cellency's command,' and are signed Hans. Deb. vol. clxxxv. p. 1769. Choice of Commissioners. the government are not precluded from making it more extensive than was sought for by the terms of the parlia mentary resolution. t 8 The persons appointed to serve on royal or statutory commissions are selected without reference to their political opinions as supporters or opponents of the existing ad ministration, and generally on account of their familiarity with the subject-matter of the proposed investigation, o because they possess special qualifications for the task Sometimes at the discretion of government, members of one or both branches of the legislature are appointed upor important public commissions, not merely because of their personal fitness, but also for the purpose of obtaining direct representation of the commission in parliament." As a general rule, members of the government should not be appointed on commissions of enquiry, as it might afterwards become their duty to decide upon some execu tive action growing out of the same, as a question of state policy upon which a minister of the crown ought not to have previously committed himself to an opinion. But this rule is not without exceptions. It would be quite justifi able and expedient to appoint a Cabinet minister on a * Earl of Derby, Hans. Deb. vol. Hans. Deb. vol. cxciii. p. 972. Thus, Lord Stanley and Mr. sons in their places on this commis sion. Again, the Schools Inquiry Commission, appointed in 1864, included Lord Stanley, and Sir Stafford Northcote. When these gentlemen entered Earl Derby's ministry they remained upon the commission, but abstained from signing the report, which was presented in December 1867, as they stated, partly on the ground that official duties have prevented us from attending the later meetings of the commission, or studying with sufficient care the evidence produced; partly, also, because, members of the executive, we think it better to reserve our opinion on the points at issue until the time comes when action can be taken upon them. Rep. Schools' Inquiry Com. 1867-8, vol. i. p. 661. as commission of enquiry into matters particularly affecting the department of state over which he presides," or on a commission charged to consider and determine upon any matters which had no connection with politics.* Under any circumstances, a commission of enquiry ought not to be of a 'partisan' character, but should comprise the fairest and fullest representation of all opinions,' even such as may be 'strong and extreme' on the question proposed to be investigated. At the same time, the composition of a royal commission is a fair subject for parliamentary criticism." Commis If a commission is to be appointed under an Act of Statutory Parliament, the selection of the members thereof should sions. be left to the executive government. But it is in the discretion of ministers either to choose the commissioners themselves or to present to Parliament the names of persons whom they recommend to be nominated in the Act. In the year 1692, the commissioners appointed to determine the Land Tax Assessment were named in the Bill, as it passed the House of Commons; and that precedent has since been frequently followed." In the case of a royal, as distinct from a statutory commission, it is not usual to a Thus, in 1858, General Peel, Secretary of State for War, and Lord Stanley, President of the India Board, were placed on a commission to enquire into the organisation of the Indian Army; and in the same year the President of the Council (Marquess of Salisbury) being a colonel of militia, was appointed on the commission on the organisation, &c. of the Militia. (Commons' Papers, 1859, Sess. 2, vol. viii. p. 1; ibid. vol. ix. p. 3.) In 1868, Lord Chancellor Cairns was a member of the commission to consider the state of the Neutrality Laws. Hans. Deb. vol. cxci. p. 342. Thus, the royal commission appointed in 1841, and which is still in existence, to enquire into the decoration of the new Houses of Parliament, and generally into the promotion and encouragement of the Fine Arts in the United Kingdom, has in- y Hans. Deb. vol. clxxxv. pp. 190, See Mr. Gladstone's observations deprecating private members assuming the responsibility of naming a proposed commissioner. Hans. Deb. vol. cxcii. p. 1941. And see ibid. vol. cxciii. pp. 1658, 1905. a Macaulay, Hist. of England, vol. iv. p. 317. See Act 30 & 31 Vic. c. 51. Public Schools Bill of 1868, secs. 16– 20. |