[355:1] Redlich ends his book on the procedure of the House of Commons with the remark (p. 800), that the rules of a legislative body are the political manometer, which measures the strain of forces in the parliamentary machine, and thereby in the whole organism of the state.
CHAPTER XIX
THE FORM AND CONTENTS OF STATUTES
Difficulty of Passing Laws.
We have seen that the legislative capacity of the House of Commons has nearly reached its limit. What is more, it is small, and markedly smaller than in the past. In the decade beginning with 1868, ninety-four government bills on the average became law each year, but of late the number has not been half so large, and private members' bills have fallen off in about the same proportion. The fact is that a growth in the number of members who want to take part in debate, a more minute criticism, and a more systematic opposition, have made the process of passing a bill through the House increasingly difficult. This is particularly true of measures that are long or complicated, for the greater the length the more the pegs on which to hang amendments.[356:1] Now the difficulty of passing laws has had an effect both on the form of the statutes and on the content of legislation.
Drafting of Bills.
A public bill introduced by a private member may be drafted by him, or by counsel he has employed for the purpose. There is no systematic supervision over such bills,[356:2] no stage at which their drafting is reviewed, and whether well or ill drawn, they are not likely to be much improved in their passage through Parliament. Government bills, on the other hand, which relate to England, and are not of a purely formal and routine character,[356:3] are now all drafted by the Parliamentary Counsel to the Treasury, or by his assistants under his direction.[357:1] They are prepared under instructions from, and after consultations with, the departments concerned, and are sometimes recast several times before they are introduced into Parliament. They are then assailed by a host of critics, both in and out of the Houses; some of them trying to pick flaws in a measure which they want to destroy; while others, who are not opposed to the general principle involved, discover provisions that affect their interests, based, perhaps, on local custom or privilege. The objections raised may not have been entirely foreseen, or may prove of greater political importance than was supposed, and hence amendments and new clauses are adopted during the debates in committee. These changes are usually made with the consent of the minister in charge of the bill, and the Parliamentary Counsel, as well as the permanent head of the department concerned, is often present under the gallery to give his advice; but still the amendments mar the fair handicraft of the draftsman, and an effort has to be made to improve the text either on the report stage or in the House of Lords.
Defects of Form.