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10. Debates on Motions for Adjournment. —That if Mr. Speaker, or the Chairman of a Committee of the whole House, shall be of opinion that a motion for the adjournment of a debate, or of the House, during any debate, or that the Chairman do report progress, or do leave the chair, is made for the purpose of obstruction, he may forthwith put the question thereupon from the chair. 11. Consideration of a Hill, as amended. —That, on reading the Order of the Day for the consideration of a Bill, as amended, the House do proceed to consider the same without question put, unless the member in charge thereof shall desire to postpone its consideration, or notice has been given to recommit the Bill. 12. Motions on going into Committee of Supply, —That, whenever the Committee of Supply appointed for the consideration of the ordinary Army, Navy, and Civil Service Estimates stands as the first Order of the Day on a Monday, Mr. Speaker shall leave the chair without putting any question, unless an amendment be moved, or question raised, relating to the Estimates proposed to be taken in Supply, on first going into Committee on the Army, Navy, and Civil Services respectively. 11. Standing Committees. 1. Standing Committees on Law and Courts of Justice, Trade, fyc. —That two Standing Committees be appointed for the consideration of all Bills relating to law and Courts of Justice, and to trade, shipping, and manufactures, which may be committed to them respectively. 2. Nomination by Committee of Selection. —That the said Standing Committees do consist of not less than sixty nor more than eighty members, to be nominated by the Committee of Selection, who shall have regard to the classes of Bills committed to such Committees, to the composition of the House, and to the qualifications of the members selected; and shall have power to add and discharge members from time to time provided the number of eighty be not exceeded. 3. Commitment and Report of Bills. —That all Bills comprised in each of the said classes shall be committed to one of the said Standing Committees, unless the House shall otherwise order, and, when reported to the House, shall be proceeded with as if they had been reported from a Committee of the whole House.
BRITISH COLONIES. [Extracted from paper presented to the Imperial Parliament, " Beports respecting the Practice and Regulations of Legislative Assemblies in Colonies possessing Responsible Government." C.-2984, 1881.]
CAPE COLONY. The rules and practice of the House of Assembly being substantially the same as those adopted by the House of Commons, there is no authorized mode of procedure for directly interfering with the freedom of debate, or for abridging or terminating a discussion by cloture. In the protracted session of 1865, what is known as " obstruction " tactics were adopted, and so determinedly carried on, that the sittings of the House on one occasion lasted 17 hours, during which 162 motions were made to accomplish a " count-out; " and on another occasion, during a continuous sitting of 21|- hours, the House was counted 145 times. This course of obstruction, however, failed in its object, and was acknowledged to have been an unwise, as well as an undignified, mode of procedure. It has never been repeated, and on any appearance of an approach of it, the good sense of the House has always asserted itself, and checked any undue exercise of the inherent powers of a minority. The Standing Eules and Orders of the Legislative Council of the Cape of Good Hope differ from those of the House of Assembly. They contain provisions which, in practice, are somewhat analogous to the cloture, and give to a majority the power of closing a debate and coming to a decision on the main question. According to Eules 30, 31, and 32, it is competent for a member, whether in full Council or Committee, whenever he can obtain possession of the House, to call for a division on any matter under debate. The Council thereupon votes without discussion as to whether there shall be a division. If it is resolved in the affirmative, the main question is, without further discussion, immediately put from the chair, and, if carried, is thus at once disposed of. The practice conveniently enables the Council to abridge a debate, or to put a stop to obstruction by abruptly terminating it; but at the same time it is open to the objection of giving power to a majority to stifle discussion and to silence opposition by a vote.
SOUTH AUSTRALIA. As regards the working of the cloture, or other mode of abridging or summarily terminating discussion, Standing Order No. 168 directs that, "A motion that the House do now divide," moved and seconded, " shall take precedence of all other business, and shall be immediately put from the chair without any discussion taking place: Provided that no such motion can be made so as to interrupt a member while speaking." This question is constantly put, both in the House and in Committee. Standing Order 169 prevents a fresh motion for division being entertained until a quarter of an hour shall have elapsed. Standing Order 46 provides that a motion, " That the House do now adjourn," shall be put forthwith, that is, without debate. Standing Order 47 prevents delays from the motion for adjournment being put too frequently. A motion that the House at its rising adjourn to some time other than fixed by sessional order, can only, by Standing Order 48, be moved before the business of the day is proceeded with, and this motion is often, made to consider some question thought important, but the practice of the House is to restrict the debate exclusively to the matter brought forward by the mover. The debate on this motion can (under the 123 rd Standing Order) be stopped by any member objecting.
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