The Governments of Europe. Frederic Austin OggЧитать онлайн книгу.
between the two elaborate substitutes thus proposed.
114. The Enactment of the Parliament Bill, 1911.—The appeal to the country, in December, yielded results all but exactly identical with those of the elections of the previous January. The Government secured a majority of 127, and in the new parliament, which met February 6, the Parliament Bill was reintroduced without alteration. On the ground that the measure had been submitted specifically to the people and had been approved by them, the ministry demanded its early enactment by the two houses. May 15 the bill passed its third reading in the Commons by a vote of 362 to 241. During the committee stage upwards of one thousand amendments were suggested. But the Government stood firm for the instrument as originally drawn and, while it accepted a few incidental changes, in the end it got essentially its own way.
Meanwhile, early in May, Lord Lansdowne introduced in the upper chamber a comprehensive bill which put in form for legislation the programme of reconstruction to which the more moderate elements in that chamber were ready, under the circumstances, to subscribe. The Lansdowne Reconstruction Bill proposed, at the outset, a reduction of the membership of the chamber to 350. Princes of the blood and the two archbishops should retain membership, but the number of bishops entitled to sit should be reduced to five, these to be chosen triennially by the whole body of higher prelates upon the principle of proportional representation. The remainder of the membership should comprise lords of parliament, as follows: (1) 100 elected from the peers possessing carefully stipulated qualifications, for a term of twelve years, on the principle of proportional representation, by the whole body of hereditary peers (including the Scotch and Irish), one-fourth of the number retiring triennially; (2) 120 members chosen by electoral colleges composed of members of the House of Commons divided for the purpose into local groups, each returning from three to twelve, under conditions of tenure similar to those prevailing in the first class; and (3) 100 appointed, from the peerage or outside, by the crown on nomination by the premier, with regard to the strength of parties in the House of Commons, and under the before-mentioned conditions of tenure. It was stipulated, further, that peers not sitting in the House of Lords should be eligible for election to the House of Commons, and that, except in event of the "indispensable" elevation of a cabinet minister or ex-minister to the peerage, it should be unlawful for the crown to confer the dignity of an hereditary peerage upon more than five persons during the course of any single year.
This body of proposals, it will be observed, related exclusively to the composition of the upper chamber. The Liberal leaders preferred to approach the problem from the other side and to assure the preponderance of the Commons by the imposition of positive restrictions upon the powers which the Lords, under given conditions, might exercise. Lord Lansdowne's bill—sadly characterized by its author as the "deathblow to the House of Lords, as many of us have known it for so long"—came too late, and the chamber, after allowing it to be read a second time without division, was constrained to drop it for the Government's measure. July 20 the Parliament Bill, amended in such a manner as to exclude from its operation legislation affecting the constitution and other matters of "great gravity," was adopted without division. The proposed amendments were highly objectionable to the Liberals and, relying upon an understanding entered into with the king during the previous November relative to the creation of peers favorable to the Government's programme, the ministry let it be understood that no compromise upon essentials could be considered.[158] Confronted with the prospect of a wholesale "swamping,"[159] the Opposition fell back upon the policy of abstention and, although a considerable number of "last-ditchers" held out to the end, a group of Unionists adequate to carry the measure joined the supporters of the Government, August 10, in a vote not to insist upon the Lords' amendments, which meant, in effect, to approve the bill as adopted in the lower house.[160] The royal assent was extended August 18.
IV. The Parliament Act of 1911 and After
115. Provisions Relating to Money Bills.—In its preamble the Parliament Act promises further legislation which will define both the composition and the powers of a second chamber "constituted on a popular instead of an hereditary basis"; but the act itself relates exclusively to the powers of the chamber as it is at present constituted. The general purport of the measure is to define the conditions under which, while the normal methods of legislation remain unchanged, financial bills and proposals of general legislation may nevertheless be enacted into law without the concurrence of the upper house. The first signal provision is that a public bill passed by the House of Commons and certified by the Speaker to be, within the terms of the act, a "money bill" shall, unless the Commons direct to the contrary, become an act of Parliament on the royal assent being signified, notwithstanding that the House of Lords may not have consented to the bill, within one month after it shall have been sent up to that house. A money bill is defined as "a public bill which, in the judgment of the Speaker, contains only provisions dealing with all or any of the following subjects: the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the Consolidated Fund, or on money provided by Parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the payment thereof; or subordinate matters incidental to those subjects or any of them." A certificate of the Speaker given under this act is made conclusive for all purposes. It may not be questioned in any court of law.[161]
116. Provisions Relating to Other Public Bills.—The second fundamental stipulation is that any other public bill (except one to confirm a provisional order or one to extend the maximum duration of Parliament beyond five years) which is passed by the House of Commons in three successive sessions, whether or not of the same parliament, and which, having been sent up to the House of Lords at least one month, in each case, before the end of the session, is rejected by that chamber in each of those sessions, shall, unless the House of Commons direct to the contrary, become an act of Parliament on the royal assent being signified thereto, notwithstanding the fact that the House of Lords has not consented to the bill. It is required that at least two years shall have elapsed between the date of the second reading of such a bill (i.e., the first real opportunity for its discussion) in the first of these sessions of the House of Commons and the final passage of the bill in the third of the sessions. To come within the provisions of this act the measure must be, at its initial and its final appearances, the "same bill;" that is, it must exhibit no alterations save such as are rendered necessary by the lapse of time. And a bill is to be construed to be "rejected" by the Lords if it is not passed, or if amendments are introduced to which the House of Commons does not agree, or which the House of Commons does not suggest to the House of Lords at the second or third passage of the bill.
117. Effects of the Act.—By the provisions which have been enumerated the co-ordinate and independent position which, in law if not in fact, the British upper chamber, as a legislative body, has occupied through the centuries has been effectually subverted. Within the domain of legislation, it is true, the Lords may yet exercise influence of no inconsiderable moment. To the chamber must be submitted every project of finance and of legislation which it is proposed to enact into law, and there is still nothing save a certain measure of custom to prevent the introduction of even the most important of non-financial measures first of all in that house. But a single presentation of any money bill fulfills the legal requirement and ensures that the measure will become law. For such a bill will not be presented until it has been passed by the Commons, and, emanating from the cabinet, it will not be introduced in that chamber until the assent of the executive is assured. The upper house is allowed one month in which to approve or to reject, but, so far as the enactment of the bill is concerned, the result is the same in any case. Upon ordinary legislation the House of Lords possesses still a veto—a veto, however, which is no longer absolute but only suspensive. The conditions which are required for the enactment of non-fiscal legislation without the concurrence of the Lords are not easy to bring about, but their realization is not at all an impossibility. By the repeated rejection of proposed measures the Lords may influence public sentiment or bring about otherwise a change of circumstances and thus compass the defeat of the original intent of the Commons, and this is the more possible since a minimum period of two years is required to elapse before a non-fiscal measure can be carried over the Lords'