Page image

A.—6

4

BELGIUM. "In the Senate, the close of the debate (cloture) may be demanded by five members —in the Chamber of Representatives by ten members; and may be pronounced by a vote of the Assembly. There is also a mode of checking the undue prolixity of a Speaker, viz., that of ' calling him to the question,' and, finally, of withdrawing his right to speak on the subject during the rest of the sitting." Sir H. Barron, who reports to Lord Granville, says, " I am not aware that this system has given rise to any complaints or abuses."

DENMARK. The rule as to the cloture, literally translated, is as follows : " If the President considers that a debate is being improperly drawn out (drages utilborlig i Langdrag) , then he can propose the cloture, which shall be decided by the Chamber without debate. Likewise, any fifteen [in the Landsthing twelve] members united may demand that the cloture be put to the vote. The names of these members shall be read out." Mr. Fane, who prepared the paper on the subject for the Foreign Office, says, "The best proof of the above rule being found to work well is, that it has rarely to be enforced, for every member feels himself powerless to obstruct business by wilfully abusing the freedom of discussion ; and, although it may be thought that the President is vested with excessive power for the purpose of checking obstruction, it should be considered how unlikely he is to make a wrong or injudicious use of that power. In the first place, he is certain to be a man chosen specially for his acknowledged impartiality and sound judgment; but, besides this, it is to be borne in mind that he is elected for a term only of four weeks at a time, at the expiry of which period his mandate must be renewed. The Chamber have it, therefore, always in their power to dismiss their President, should they feel dissatisfied with the manner in which he exercises his functions. As a matter of fact, he has been for many years past re-elected without opposition, and this may be considered to indicate that no discontentment is felt with his practice of applying the cloture."

FRANCE. Before pronouncing the cloture, the President consults the House (Senate or Chamber of Deputies) ; and, if the parole be demanded for the purpose of speaking against the cloture, it can only be granted to one speaker. Should there be any doubt as to the decision of the Chamber, after a second vote has been taken, the discussion continues. The cloture once pronounced, the parole can only be allowed on the position of the question. With regard to the close of the day's sitting, it may be as well to add, that no formal motion to adjourn is ordinarily made. The President seems to be guided by the apparent feeling of the House at the moment, and certainly a motion to adjourn is never used as a means of obstruction, or as a peg on which to hang a speech. Mr. Adams appends to his report the following note: " The speaker who is actually addressing the House is said to have the parole, and no member can speak without having obtained the parole from the President, who, under certain circumstances, can take the sense of the House as to withholding it. Ministers, Government Commissaries, and Reporters of Committees are not bound by this rule, and obtain the parole whenever they claim it. One member has always a right to speak after a Minister or Government Commissary; consequently, if a member demands the parole immediately after a Minister or Commissary has spoken, the cloture cannot be pronounced until that one member has been heard."

GERMANY. Sir J. Walshain explains that " the Reglement of the Reichstag varies in no important points from the Standing Orders of the two Houses of the Prussian Parliament;" and he reports essentially upon the former. The cloture, he says, is "very frequently put in force." As to the power of controlling members, Sir J. Walsham reports, " If in addressing the House a member wanders from the subject under discussion, or is out of order, he can in the one case be cautioned by the President, and in the other called to order. Should the President be required to do one or the other twice during the same speech, the House may, on the question being put by him, determine without debate that the speaker be no longer allowed to address the House on the matter before it. Should any member commit a breach of order, he can be called to order by name. In this case, the member named can appeal in writing, and the House has to determine without debate, but not before its next sitting, whether such call to order was justified." " At any time during a debate, a member may submit a motion in writing to the President in favour either of adjourning or of closing the discussion (cloture). Such motion must be supported by thirty members. When this is done, the President puts the question, ' That the debate be closed,' and the House, without requiring the mover to defend hia motion by arguments, and without further discussion, proceeds to vote by show of hands. Should there be any doubt as to whether the ' Ayes 'or ' Noes ' have it, or if the votes are even, the motion is lost, and the debate proceeds; but at any time during its continuance the same process, as regards the adjournment or cloture, can be repeated, and the sense of the House taken. "A simple motion, 'to pass to the Order of the Day,' can be made at any time, and need not be seconded. One member for, and one member against, such motion may be heard, and then the question is put to the House. During the course of the discussion in which it is made, a motion 'to pass to the Order of the Day' cannot, if once negatived, be renewed; nor is a motion of this kind at any time admissible in the case of a debate on questions brought up from the Bundesrath."

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert