VI PARLIAMENTARY PROCEDURE

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Lord Randolph Churchill’s Letter to Mr. Speaker and his Correspondence with Mr. Gladstone in 1886.

Lord Randolph Churchill to the Speaker.

Treasury Chambers, Whitehall, S.W.: Nov. 30, 1886.

Dear Mr. Speaker,—I venture to submit to you for your information and consideration, the result of the deliberations of the Committee of the Cabinet on the question of Parliamentary Procedure.

It would be of the greatest possible advantage to me if I could have the honour of an interview with you, in order to examine and explain more fully than I could do by letter the effect and object of the various rules proposed. In case you should be coming to town before the 22nd or 23rd December and would make an appointment with me, I would be happy to wait upon you at any time or place which would be most convenient to you.

Two of the proposed new provisions especially concern the Chair:

1. The Closure of debate. (Rule No. 1.)

2. Motions for adjournment of the House at question time. (Rule No. 6.)

On the first these have been my views: The length of debate is essentially a question of ‘order.’ The Chair is the only judge of ‘order.’ By the present rule an unfair responsibility is thrown upon the Chair, in that the initiative with regard to Closure is thrown upon it, which initiative has to undergo the ordeal of a vote of the House. It is difficult and almost impracticable for the Chair to possess the information with regard to the proper time for the exercise of the initiative, without which action in the direction of Closure would be unsafe.

The Government propose to give the initiative of any Closure motion to the House, and a veto to the Chair with respect to receiving and putting such a motion. The Chair, under this provision, is not only the protector of fair and orderly debate (its chief function), but also guards against abuse of the Closure rule from motives of frivolity, obstruction, haste or tyranny. Nor can the decisions of the Chair be questioned or overruled, for no question is put to the House unless with the permission of the Chair.

Further, in the event of the House agreeing to the proposal, the association of the Chair with the exercise of the closing power will have been, for a second time, deliberately affirmed. This is a far better and more durable protection for minorities than any arrangement of numbers. An extreme and violent Government in office, supported by a powerful majority, would very soon make short work of any protective arrangement of proportionate majorities which might prove embarrassing to them. It would be a much more difficult matter to dissociate and exclude the Chair from all connection with, or control over, the Closure after that Parliament had on two occasions laid down a contrary principle.

Speaking generally, this Closure (as per enclosed) is aimed at persistent, deliberate, wilful obstruction. The Speaker can at any time permit an appeal to the House by a member, or a Minister, as to whether such obstruction is or is not being resorted to. This Closure is also designed to facilitate and render possible earlier hours of session and prevent unnecessary, stupid and perverse ‘talking out.’

In respect of Rule 6 (adjournment of House at question time): After much anxious consideration I see no alternative to total abolition of the power of moving such adjournment, except the method proposed in the paper—of making the Chair the judge whether the subject to be discussed on adjournment motion is of such cardinal importance as to justify the postponement of the regular assigned business of the day. I imagine that the expression ‘urgent matter of definite public importance’ would receive, under the new arrangement, a strict and proper interpretation, and regard this matter, as the former one, as primarily a question of ‘order.’

Please excuse this lengthy letter, and
Believe me to remain
Yours respectfully and faithfully,
Randolph S. Churchill.
The Right Hon. the Speaker.

Lord Randolph Churchill to Mr. Gladstone.

Confidential.

Treasury Chambers, Whitehall, S.W.: December 17, 1886.

Dear Sir,—By the desire of the First Lord of the Treasury I have the honour to submit to you, for your information and convenience, the draft of the alterations in the procedure of the House of Commons which it is the intention of Her Majesty’s Government to recommend to the consideration of the House next session.

I express the feelings of the Government when I assure you that in the event of its being within your power, and in accordance with your wishes, to offer any criticism or comment or suggestion on these draft proposals prior to the meeting of Parliament, such would be received and considered by the Government with every respect and attention.

I may add that in the opinion of the Government the House of Commons would do well to arrive at conclusions as to the reforms of procedure before commencing the regular business of the session; that it is with that object that Parliament has been summoned so early in the year; and that the Government, as at present advised, will press this course upon the House of Commons.

I have the honour to be
Your faithful servant,
Randolph S. Churchill.

The Right Hon. W. E. Gladstone, M.P.

Mr. Gladstone to Lord Randolph Churchill.

Confidential.

Hawarden Castle, Chester: December 18, ‘86.

My dear Lord,—I have to thank you for your courtesy in apprising me at this early date of the particulars in which the Government propose to amend the procedure of the House of Commons and of their intention to give precedence to the subject.

In the last stages of this important matter, that of the present year, I had but a minor concern, and I will therefore at once communicate with Sir W. Harcourt, who represented principally the late Administration on the Committee. The matter will remain strictly confidential, and will not go beyond those of my late colleagues who were specially concerned. In the meantime I do not trouble you with any observations, but I thank you for your obliging readiness to consider any suggestion which I may tender to you.

I remain
Faithfully yours,
W. E. Gladstone.
Right Hon. the Chancellor of the Exchequer.

                                                                                                                                                                                                                                                                                                           

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