Europe -- Politics and government; Political science
After having been scrutinized and approved by parliamentary officials
known as Examiners of Petitions for Private Bills, a private bill is
introduced in one of the two houses.[202] Its introduction is
equivalent to its first reading. At its second reading debate may take
place upon the principle of the measure, after which the bill, if
opposed, is referred to a Private Bill Committee consisting of four
members and a disinterested referee. If the bill be not opposed, i.e.,
if no adverse petition has been filed by property owners,
corporations, or other interests, the committee of reference, under a
standing order of 1903, consists of the Chairman and Deputy Chairman
of Ways and Means, two other members of the House, appointed by (p. 138)
the Committee of Selection, and the Counsel to Mr. Speaker. The
committee stage of a contested bill assumes an essentially judicial
aspect. Promoters and opponents are represented by counsel, witnesses
are examined, and expert testimony is taken. After being reported by
committee, the measure goes its way under the same regulations as
those controlling the progress of public bills.
[Footnote 202: To facilitate their consideration,
such measures are distributed approximately equally
between the two houses. This is done through
conference of the Chairmen of Committees of the two
houses, or their counsel, prior to the assembling
of Parliament.]
*145. Provisional Orders.*--Two things are, however, to be noted. The
first one is that while in theory the distinction between a public and
a private bill is clear, in point of fact there is no little
difficulty in drawing a line of demarcation, and the result has been
the recognition of an indefinite class of "hybrid" bills, partly
public and partly private in content and handled under some
circumstances as the one and under others as the other, or even under
a procedure combining features of both. The second fact to be observed
is that, in part to reduce expense and in part to procure the
good-will of the executive department concerned, it has become common
for the promoters of enterprises requiring parliamentary sanction to
make use of the device known as provisional orders. A provisional
order is an order issued, after minute investigation, by a government
department authorizing provisionally the undertaking of a project in
behalf of which application has been made. It requires eventually the
sanction of Parliament, but such orders are laid before the houses in
groups by the several departments and their ratification is virtually
assured in advance. It is pointed out by Lowell that during the years
1898-1901 not one-tenth of the provisional orders laid before
Parliament were opposed, and but one failed of adoption.[203]
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