The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
The anomaly, however, remains. How is it to be met? Obviously it is but a
temporary difficulty if, as the Prime Minister has suggested in his speech
on the first reading, the Bill is to be regarded as but the first step in
a general devolution of the legislative powers of the Imperial Parliament.
But everything depends on how far that devolution is to be carried. The
Prime Minister’s reference to a change in the Standing Orders suggests a
further development of the Committee system already in operation in the
case of the Scottish Standing Committee by which the House has delegated a
certain degree of provincial autonomy to a group of members. It would be
possible to extend this to the creation of a Standing Committee for
England and Wales. Under such a system Irish Members would be excluded
from the Committee stages of legislation which was neither Irish nor
Imperial. But there remains the Report stage, which is always apt to
resolve itself into a Second Committee stage(58) in which the whole House
participates. Moreover, an impassable limit is set to this process of
domestic devolution by the necessity that the Government of to-day should
command a majority in each of these Committees. A Liberal Ministry would
probably find itself in a minority in an English Standing Committee, and a
Unionist Ministry would, with equal probability, find itself in a minority
in a Scottish Committee. Committees have become not so much a sphere for
the legislative initiative of the private member as a new outlet for
Government business. Contentious bills introduced or adopted by the
Government are referred to them, and the moment this is the case the
Minister in charge who is confronted in Committee with amendments which he
does not care to accept may invite the whole House on the Report stage of
the Bill to disallow them. The House itself, jealous of any surrender of
its prerogatives, is only too apt to turn the Report stage into a second
Committee stage. The responsibility of a Government department for the
preparation and execution of legislation is to-day so indispensable that
effective legislative devolution is almost impossible without devolution
of the executive also. A Committee to which the Minister in charge of the
Bill is not responsible is not in a position to exercise effectual control
over legislation. Indeed it seems impossible to contemplate a devolution
of legislative power without a corresponding devolution of executive
power. So long as we have but one Executive in the House of Commons it is
impossible to have two or three legislatures within the walls of that
House. Moreover, it is just as imperative to restore the diminishing
control of members of Parliament over administration as it is to
re-establish their authority in legislation. There is a growing and
regrettable tendency to confer upon Government departments both
legislative and judicial powers—powers to make statutory orders and to
Public-domain text, read in full here on John Shaqi.
The New Irish Constitution: An Exposition and Some Arguments — John Shaqi
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