Home rule -- Ireland; Ireland -- Economic conditions; Land tenure -- Ireland
Before the Secretary for Scotland proceeds with the Provisional Order,
the draft Order is considered by the Chairman of Committee of the House
of Lords, and the Chairman of Ways and Means in the House of Commons;
and they report to the Secretary for Scotland whether or not the
matters proposed to be dealt with by the draft Order, or any of them,
should be dealt with by Provisional Order or by Private Bill. Should the
Chairmen report that these matters, or any of them, should be dealt with
by a Private Bill, the Secretary for Scotland, without further inquiry,
refuses to issue the Provisional Order so far as it is objected to by
the Chairmen; but the advertisements and notices already given by the
promoters of the scheme are regarded as fulfilling (subject to Standing
Orders) the necessary conditions to be observed prior to the
introduction of a Private Bill. Should the Chairmen report that the
Provisional Order, or a part of it, may proceed, the procedure is as
follows. If there is no opposition, the Secretary for Scotland may at
once issue the Provisional Order, which is then embodied in a
Confirmation Bill for the assent of Parliament. If there is opposition,
or in any case where he thinks inquiry necessary, the Secretary for
Scotland directs an inquiry, and the Order is then considered by the
tribunal described below; and if passed by that tribunal, with or
without modifications, it is brought up in a Confirmation Bill for the
assent of Parliament.
It follows that in the case of unopposed schemes brought in under the
Act, there is a great saving of time and expense as compared with the
former system.
With regard to schemes which are opposed, the judicial functions of a
Parliamentary Committee dealing with Private Bills were transferred by
the Act of 1899 to a special tribunal, composed of two Panels, a
Parliamentary Panel and an Extra-Parliamentary Panel, whose members
shall have no local or personal interest in the questions at issue. From
these is formed a Commission of four members.
Mr. A. W. Samuels, K.C., thus describes the constitution of the
Commission:--
"In the first instance it is provided that the members shall be
taken--two from the Lords and two from the Commons. In the event
of that being found impossible, three may be taken from one House
and one from the other. In the next resort all may be from the
same House. Finally--if members cannot be procured to serve--the
extra Parliamentary Panel can be called upon, and the Commission
manned from it.
Public-domain text, read in full here on John Shaqi.
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