The Government of England (Vol. I)

by A. Lawrence Lowell

Since the House is a coördinate branch of the legislature, every act of Parliament requires its assent, and although in practice it is far less powerful than the House of Commons, the only subject on which the limitations of its authority can be stated with precision is that of finance. As far back as 1671 the Commons resolved "That, in all aids given to the King, by the Commons, the Rate or Tax ought not to be altered by the Lords";[400:1] and in 1678 they adopted another resolution that all bills granting supplies "ought to begin with the Commons. And that it is the undoubted and sole right of the Commons, to direct, limit, and appoint, in such Bills, the Ends, Purposes, Considerations, Conditions, Limitations, and Qualifications of such Grants; which ought not to be changed, or altered by the House of Lords."[400:2] The Commons have clung to this principle ever since, enforcing it by a refusal to consider bills in which the Lords have inserted or amended financial provisions; and although the Lords have never expressly admitted the claim, they have in fact submitted to it.[400:3]

Paper Duties Bill in 1860.

The upper House can, of course, reject a money bill altogether, but the history of the last case where they did so shows the futility of such a power by itself. In 1860 the ministry brought in a bill to repeal the duties on paper, which hindered the development of a cheap newspaper press, and the Lords rejected it in spite of the fact that the budget already passed imposed additional taxation to make up for the loss of revenue from paper. The next year the repeal of the paper duties was simply included in the annual tax bill, and forced through in that way. It is now the regular practice to include all the taxation in one bill, and as the peers never venture to reject as a whole either this, or any of the great measures granting supplies, it is truly said that the House of Lords cannot initiate or amend, and practically cannot reject, any money bill. The principle applies not only to the national receipts and expenditures, but also to local rates,[401:1] but it does not apply to revenues of the Crown or the Church, nor at the present day to penalties or fees not payable into the Exchequer.[401:2]

Tacking.

It might be supposed that the Commons could carry any piece of legislation by tacking it to a money bill. This was formerly done; but the Lords have long had a standing order forbidding such a practice, and no attempt has been made of late years to revive it.[401:3] Moreover the rule about money bills is not strictly enforced where the financial provision is merely incidental to general legislation. The Lords are free to omit such a clause altogether,[401:4] or if it is so interwoven with the rest of the measure that it cannot be treated separately, the Commons have often waived their rights and taken into consideration amendments made by the Lords.[401:5] For the sake of convenience they have gone farther still, for they suffer expedients to be used, that really evade, while recognising, their privilege. Bills are sometimes introduced in the House of Lords with financial provisions which are struck out on third reading. In the Commons these provisions are printed as ghosts, underlined or in brackets, to indicate that they are not at the moment a part of the bill, but that a motion will be made in committee to reinsert them.[401:6] What is more, the Commons have adopted a standing order that it will not insist on its privileges in the case of private, or provisional order, bills which impose tolls, or authorise rates by local authorities for local purposes.[401:7]

The rule about money bills applies only to measures actually before Parliament. It does not prevent the House of Lords from expressing an opinion upon financial matters either in debate or by resolution, or from inquiring into them by means of select committees.[402:1] In 1903, indeed, was seen the curious spectacle of the House of Lords debating freely Mr. Chamberlain's fiscal policy, while the Opposition in the Commons was striving almost in vain for an opportunity to do so.

Officers of the House of Lords.

Except when a peer is being tried the Lord Chancellor presides over the House. In practice he is always made a peer, but this is not a legal necessity, and, in fact, the woolsack, on which he sits, is commonly said not to be within the House itself. Perhaps for this very reason he has not the authority of the Speaker of the Commons in ruling upon points of order. He does not even decide which peer shall speak, but if more than one rise at once, and refuse to give way, the question who shall have the floor is decided by the House itself, if necessary by division.[402:2] Order in debate, also, is enforced not by him but by the Lords themselves. Moreover, he has no casting vote, and it is characteristic of his position that the peers do not address him, but speak to "My Lords." In short, his functions are limited to formal proceedings, and even in these he can be overruled by the House.[402:3] If a peer he can, of course, as such, take part in debate; but otherwise not. During his absence one of the deputy speakers, appointed by the Crown, takes his place, or if none of these be present the House appoints a speaker pro tempore.[402:4]

The other principal officers of the House are the Lord Chairman of Committees, chosen by the House itself, who presides in Committee of the Whole, and who, as we have seen, has great influence over private bill legislation; the Clerk of the Parliaments, who acts as Clerk of the House; the Gentleman Usher of the Black Rod, who acts as messenger of the House on great and formal occasions; and the Sergeant-at-Arms; all these last three being appointed by the Crown.

Quorum.