But in 1899 a Bill amending the procedure of Scottish Private Bill Legislation was passed into law. The measure forms the precedent for future legislation. In the year 1900, Mr. Atkinson (now Lord Atkinson), speaking for the Government, said that the Government were—
"most favourable to the introduction and passing of a Bill dealing with private Bill legislation for Ireland. He thought the real and substantial difficulty was the creation of the tribunal which was to sit locally and to inquire into these matters. The Irish Government thought it wise to wait until they should see what would be the effect of the operation of the Scotch Act."
Subsequent experience has proved that the Private Legislation Procedure (Scotland) Act of 1899 may well be taken for the model of a similar measure designed to apply to Ireland. The Scottish Act substituted for procedure by means of a Private Bill, procedure in the first instance by means of a Provisional Order. Instead of applying to Parliament by a petition for leave to bring in a Private Bill, any public authority or persons desirous of obtaining parliamentary powers now proceed by presenting a petition to the Secretary for Scotland,
"praying him to issue a Provisional Order in accordance with the terms of a draft Order submitted to him, or with such modifications as shall be necessary."
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.
"The next great reform introduced by the measure is, that the inquiry is to be held at such place, in Scotland, as may be convenient. The inquiry is to be localised as far as possible. It is to be held in public. The Commissioners are to settle questions of locus standi—they can decide upon the preamble before discussing clauses—and persons having a locus standi can appear before them in person or by counsel or agent.