HOW PARLIAMENT WORKS

Korero (AEWS), Volume 3, Issue 10, 18 June 1945, Page 30

HOW PARLIAMENT WORKS

A KORERO Report

You turn the tuning dial on your • | radio and a clear determined voice is heard saying : “ The question is that ... As many as are of that opinion say ‘ Aye ’ —As many as are of the contrary opinion say ‘No ' —l think the Ayes have it . . .” The House of Representatives is in session in Wellington, and the voice is that of Mr. Speaker, a gentleman in whom is vested all authority in the control of the House. But why does he deliver this series of formal questions which amount to a monologue ? What are Members doing ? What is the House of Representatives doing ? How does Parliament work ? The House of Representatives comprises eighty Members, representing the electoral districts of New Zealand, and meets under the control of the Speaker, a quorum of twenty being sufficient for a session. The House meets as such, but also is formed into several committees, each with its own important function. For instance, a Committee of the Whole House is the House itself presided over by the Chairman of Committees instead of the Speaker. The Committee of Supply and the Committee of Ways and Means, governed by the Chairman, are also formed by the House itself, principally to consider the details of Bills and resolutions as a preparation for legislation involving finance. The Committee of Supply votes the annual public expenditure as presented by the Minister of Finance, and the Committee of Ways and Means hears proposals for finding the money by taxation as contained in the financial statement, or Budget. When the House forms itself into a committee it means that a good deal of the formality is lost and Members have a much freer rein ; any one Member may speak four times on the one subject, though the time limit for each speech is reduced to five minutes. When debating in the House itself a Member is entitled to speak for half an hour, and provision is made for extensions. There

are many conditions attached to such speeches, however, and it is not permissible to read from a newspaper report on the same session; nor must reference be made to a matter where a judicial decision is pending ; nor may a Member use “ offensive or unbecoming ” words in reference to any other Member. A debate, incidentally, may be interrupted for a variety of reasons, including “ words of heat between Members.” Almost the same rules for regulating debate, dealing with amendments, taking divisions, and the general conduct of business as those observed in the House apply in committee, The committee becomes the House again when Mr. Speaker resumes the Chair. Every proceeding in Parliament is based on a motion made by a Member (and seconded, if required), which is put from the Chair and decided by the House ; if necessary, on a division. The practice is that after a question has been proposed from the Chair and any ensuing debate is closed, the Speaker rises and reads the question to the House. The Speaker then declares that Ayes or Noes have it, and if that statement is challenged a division follows. When a division is called for, bells are rung, and doors to the Chamber are locked after three minutes, an interval in which Party Whips are very busy assembling Members. Two “ tellers ” are appointed for each of the Ayes and Noes doors, and they list the names of Members passing through. The numbers are reported to Mr. Speaker, who in turn declares them to the House. In the event of an equality in votes —a circumstance that cannot arise where one party has a really clear majority—the Speaker records a casting vote. In addition to the committees as outlined above, there are Select Committees appointed from time to time to report on special matters or consider Bills. These Select Committees, consisting of from five to ten Members (the number may be increased by special leave of the House)

have only the power to report their opinions to the House, and if they desire that any action be taken in any matter connected with their proceedings the Chairmen move to that effect in the House. Such committees have wide power in calling for witnesses or reports. Lastly, one of the most important committees is that known as the Joint Committee on Bills, this body comprising five Members of the House of Representatives and five Members of the Legislative Council.

What, then, is a Bill? A Bill is the draft of a statute ; the object of a public Bill is to alter the general law, while a private Bill is designed to alter the law relating to some particular locality. There are three methods of introducing Bills (1) By Order of the House. — A " money ” Bill—that is to say, a Bill the main object of which is the expenditure of money or the levying of taxation—has to be preceded by a resolution passed in a Committee of the Whole House, and on the report stage of any such resolution the Bill is ordered to be brought in. Some important Government measures not being money Bills have been founded on resolutions. (2) Presentation Without Previous Order. — The more common method of presenting a Bill requires that only notice of the Bill’s title is given for a specified day. (3) Brought from the Legislative Council. — The formalities observed in presenting a Bill are many, but the result is that the Bill is “ read ” for the first

time simply by the Clerk reading the short title. An order is then given for printing, and the date is fixed for the second reading ; the second reading is taken after the Bill has been published and furnished to every Member. The question is proposed, “ That the Bill be now read a second time,” and it is then open to any member opposed to the Bill to move an amendment for the deletion of the word “ now ” and add “ on this day six months,” or any other date likely to be later than the session is expected to last. -This is the polite way of attempting the rejection of a Bill. A member can also move an amendment advancing reasons for not considering a second reading. In practice in New Zealand, of course, any member endeavouring by either of these means to delay the passage of a Bill is briefed by and acting for the party in opposition at the time. When a Bill has had its second reading it is referred to a Committee of the Whole House, where it is considered clause by clause, and sometimes largely remodelled. The Bill is then reported to the House, and, if no amendments have been made, it is ordered to be read a third time. On this report stage amendments to meet points raised in committee and reserved for consideration are then proposed, and other changes may be made. Then comes the third reading, when it is judged by the House. A division on the second reading and on the third reading offers a direct challenge to the principle of the Bill, while the committee and report stages present many opportunities of dividing on details ; this, of course, depends upon the constitution of the House, and is unlikely on a Government Bill where the Government holds a clear majority. If divisions are called by the Opposition in an effort to stall progress it is within the power of the Speaker to declare the obvious majority feeling of the House. Although it is unusual, Bills have been passed through all their stages at the same sitting. When a Bill is passed by the House of Representatives the Clerk takes it to the Legislative Council with a message requesting the Council’s concurrence.

If no amendments are made by the Legislative Council, or amendments made to which the House agrees, the Bill then .awaits the Royal Assent. If, however, there is a disagreement between the two Houses which cannot be resolved, the Bill is lost. The same proceedings .are adopted when a Bill originates in the Upper House. The assent of the -Crown, through the signature and seal •of the Governor-General, is the final proceeding which converts a Bill into .an Act of Parliament. Relation between House and Council The House of Representatives does not in itself constitute Parliament. The parliamentary system in this country is exactly the same as that of the United Kingdom. Similar Standing Orders apply •and the same procedure is observed. Dod’s definition of the Parliament of the United Kingdom, then, is applicable to the legislature of this country : — “ The two Houses convened by Royal authority, and acting jointly with the -Crown, constitute the Legislature of Parliament ; and its Acts are called indifferently ' Statutes,’ or ‘ Acts of Parliament ’ ; they have the full force and effect of law . . . Taken together they are the Parliament . . . The power of Parliament is held to be transcendent and subject to no limitation whatever.” Although Bills are referred to the Legislative Council, the right of granting money in Parliament belongs ■exclusively to the House of Representatives. The Standing Order governing this right says : —

“All aids and supplies, and aids to,His Majesty in Parliament, are the

-sole gift of the House of Representatives ; and all Bills for the granting of such aids and supplies are to begin with the House of Representatives, and it is the undoubted and sole right of the House of Representatives to direct, limit, and

appoint in such Bills the ends, purposes, considerations, conditions, limitations, and qualifications of such grants, which may not be changed by the Legislative Council.” With “ Commons ” for “ Representatives,” and “ House of Lords ” for “ Legislative Council,” that text also forms a Standing Order in the United Kingdom Parliament. It is provided that in the event of opposition from the Upper House all money Bills may be presented directly by the House of Representatives for the Royal Assent. Communication between the House of Representatives and the Legislative Council is by message carried by the Clerk, or Assistant Clerk, of either House. There is provision, however, for negotiation by conference, this being conducted by Managers (up to three Members') on both sides for the purpose of producing concurrence in cases where mutual consent is necessary, or reconciling differences. This is seldom necessary. In general there are no differences between the House of Representatives and the Legislative Council. Though the term “ Parliament ” means both Houses, the all-important authority on matters involving finance— of taxation and the control of expenditure—supports the popular conception of the House of Representatives as Parliament. The Consolidated Fund is the fund formed of proceeds of taxation and other sums received by the Treasury in order that a fund may be provided “ into which shall flow every stream of the public revenue and from whence shall issue the supply for every public service.”

Every Member of the House of Representatives is obliged to attend sittings, and if absent for more than seven consecutive sitting days without leave of absence is held to be guilty of contempt. Apart from possible censure or suspension, any such member is liable to a fine up to £SO,