CLOTURE.

Hawera & Normanby Star, Volume II, Issue 149, 17 September 1881, Page 4

CLOTURE.

[CONTBIBUTBD.]

Most of us have been amused by seeing how entirely in the dark our Parliamentary debates have been while legislating on the subject of " fan4an," aa& maivy roadavs a>ve doubtless quite aa much perplexed by tne <nßO\ißß\on in. the House on " Oloture." This word is the expression of a power vested in the majority (and practically represented by the Government), to suddenly close the debate on a question, and thus to stop the flood of idle talk known as " stone■walling," that is talking against time, ■with the view of preventing a motion being carried. To a country like ours, employing paid legislators, it might certainly seem that "time is money," especially when one counts at the end of the session the thousands of pounds spent for the honoraria of members, and then counts up the results in usefulness of their discussions. One reason why a " clotui-e " measure is now found necessary, when hitherto the Parliaments, both in England and the Colonies did not find Buch an apparently tyrannical law nccesßary, arises from the greater talking power of modern Congress of statesmen. The art of public speaking is far more generally cultivated than it formerly was, and when in the House any opportunity opens the flood-gates of speech, there is a deluge of verbosity, until one almost longs for an Autocrat like Richard the 111., to condense will and power into one Btrong sentence (so often ranted), " Off with his head ! So much for Buckingham !" But it is not for the compression of mere barren verbiage that cloture is designed, but fer the suppression of avowed and organised opposition in wearying sentences, thinly disguised under a show of respect, for the forms of the House. It has come now to be a recognised fact, the announcement of which is to be often met with in newspapers, that at such and such a caucus of the Opposition, it was resolved to talk against time on a. certain motion. When it is fully perceived that members who are taking the pay of their country* and some of whom occupy seats ■which might be more profitably filled, have resolved to nullify all attempts at | legislation, by preventing the making of any laws whatever (unless they themselves hold portfolios.) It is time that the country should sti'ongly support any Government which should attempt to overturn, or any measure which should abolish such an outrageous effort of tyranny in a minority. It is true that there seems to be an injustice in any cloture measure, thus, if a member is elected to represent a constituency, he has the right to be heard on a question. Any law of debate which ■would deny the liberty of speech to any single representative appears to oppress; but although it would be ridiculous to say that " according to those who support cloture, any person addressing the House, is the enemy of the House." There is yet a fair and reasonable limit to any argument, and the very best, if exaggerated and produced too far, is reduced to an absurdity. We have seen in England the whole business of a session destroyed, precious time thrown away, and doubtless millions of money waeied through the efforts of the Home Rule party ; and here in New Zealand, the question is so important, that to our small over-taxed struggling colony, it is absolutely vital. We have reached the end of another session, and what has been done P " The summer is ended, and we are not sa?ed|!" Let us glance at the manner in which this question is treated by other countries, and try to learn if there is no way out of this difficulty. In France, the President of each Chamber is the only judge as to any point of order which may arise in his mind. Any member may ask the President to call a speaker to order, but the President has the option of doing so or not. But the main point is, that only those members may speak, who have given notice in writing some time before, as toibeir intention of speaking to a certain motion, and the President calls them to order, even if they digress or wander ever so little from the subject. If the President's " call to order " is unnoticed, a second " call to order " lays the offender under an indictment by which he is suspended during fifteen hours of the sitting of the Chamber ; but, if still contumelious, a vote of the Chamber (without debate) is taken, as to whether the " censure, with temporary expulsion" should not be pronounced. If this motion is carried, the offender is expelled for three days, fined, and the punishment is placarded at the expense of the delinquent. Should the whole House be tumultous, the President puts on his hat, and the sitting is suspended for one hour. Generally, when each one whose name was formally written down, has spoken, the President asks the Chamber whether be shall close the debate, but even bef oro this, the Chamli"" — " - 1 _______ -«r may, Hit has heard 'enonghTnppcal to the President for the cloturo, und close the debate through him. But cloture has some restrictions, thus a Minister must be heard, if he claims the right, and one member may reply to him; again, a proposal to adjourn till next day takes the precedence of cloture, and finally cloture can only be inflicted by the evident desire of a powerful section of members before the President will consider the question. Almost the same rules are in force in the German Reichstag, and in the Italian and Belgian Parliaments ; but in the Reichstag the President can adjourn the sitting till a given time, or altogether if he cannot obtain a hearing. In America, in the House of Representatives, the rule siys that the House " may at any time, on motion seconded by a majority of the members present, close all debate on a pending amendment, or an amendment thereto, and cause the question to be put thereon." On the main question, "no member shall occupy more than one hour in debate, in the House or in Committee," except the .•• member reporting," who has the right «^-~^"- "The debate in Committee of rep^- affected shall cease at a on the questio^~--~_^?q mle is applied, time fixed" — when wT>^-"lments — a provisional debate on amtlrS^-^es each member being allowed five miiulr^for his speech— is permitted, but even this may be peremptorily closed by the vote of the majority. But the most powerful "clotnre"of Congress is known as " The previous question" — not under that denomination in our debates. "Dm>

ing any discussion of a Bill or resolution, it is competent for any member to move, • Shall the main question now be put ?' It is only admitted, however, when demanded by a majority of the members present. Its effect is to put an end to all debate, and to bring the House to a direct vote upon the subject before it." 1 Ti>6 Hovisb coo. appoint a fixed time on which any Committee shall lie obliged to report itself, and the Chairman of that Committee, when the time appointed for report is near at hand, puts the remaining clauses to the Committee without debate. This system of cloture seems even more powerful than the French. These few remarks and quotations may perhaps allow those who have not had previous opportunity to consider the subject, and judge if cloture is or is not applicable to our own institutions ; but one fact should be strongly impressed, and that is, that the class of persons against whom the cloture is a safeguard, is a class by no means the highest in eloquence or talent. It does not require genius, or even weight, in the Honse to Become a "stonewall" orator; endless power of "wind-bag" utterance is a sufficient weapon for the use of those who dislike cloture. One the members would really wish to hear will never find himself hurt or silenced by that extinguishing motion of the House ; it is only one who is constantly coming forward for the sake of seeing his name in the newspapers, and who does not know the difference between Dislinction and Notoriety, who will find cloture prevent him from his mischievous attempt to frustrate all useful legislation by his incessant "speaking to the amendment." — I am, &c,