estimates; can be proper the throne swered. ments to immedi ately in fiscal year, which is invariably attended by the promise that in promise of due time estimates will be laid before them of the amount required for that period. It is settled constitutional doctrine that no money can be voted by parliament for any purpose no money except upon the demand and upon the responsibility of cabinet voted, ministers. "Thus the crown demands money, the commons except upon grant it, and the lords assent to the grant: but the commons demand; do not vote money unless they be required by the crown; nor do they impose or augment taxes, unless such taxation be necessary for the public service, as declared by the crown through its constitutional advisers." 1 As soon as the speech how the from the throne is read, an address in answer thereto is moved speech from in each house at the instance of the administration, which, since is anthe session of 1890-91, has taken the form of a single resolution expressing the thanks of each house to the sovereign for the gracious speech addressed to both. Amendments to the ad- amenddress are immediately in order, and public business is carried on the address while such proceedings are still undisposed of. To hasten the progress of financial measures the commons have adopted a order; standing order, "That this house will, in future, appoint the when committees of supply, and ways and means, at the commence- of supply, ment of every session, so soon as an address has been agreed and ways to in answer to Her Majesty's speech." The ordinary ses- appointed; ordinary sional estimates are presented in three parts, comprising the sessional three branches of the public service, the army, navy, and estimates presented civil services; and, under the resolution agreed to by the house in three on February 19, 1821, "whenever parliament shall assemble when they before Christmas, the estimates for the navy, army, and ordinance departments should be presented before January 15, then next following, if parliament be then sitting; and that such estimates should be presented within ten days after the opening of the committee of supply, when parliament shall not be assembled until after Christmas." Upon these and all other these and estimates of expenditure for the current year, it is the duty of estimates the committee of supply to pass in the first instance, and in passed on by comthe hope that the vote of that committee would be taken mittee of supply; upon the bulk of them in the earlier part of each session, the financial financial year was made to close on the 31st of March, and to year ends begin on the 1st of April. But as that hope is seldom realized, March; 1 May, Parl. Practice, p. 515. committees and means parts; should be presented; all other 31st of committee of ways to which chancellor of exchequer financial called it is continually necessary to demand a vote on account during the first quarter of each year, in order to keep the machinery duty of the of government in motion. It is the duty of the committee of ways and means to provide by taxation the income necessary and means; to meet the expenditures approved by the committee of supply, and to vote the resolutions that authorize the payment out of the Consolidated Fund of the grants thus made. As the consideration of the taxes for the current year thus devolves upon the committee of ways and means, it is to that committee that the chancellor of the exchequer generally addresses the financial statement called "The Budget," "when the minister has addresses completed his estimate of the probable income and expenditure for the ensuing financial year, and usually after some progress has been obtained in voting the grants for the army and navy and other public services. In that statement the chancellor of the exchequer develops his views of the resources of the country, communicates his calculations of probable income and expenditure, and declares whether the burdens upon the people are to be increased or diminished." 1 The proceeds of the various duties and taxes thus imposed, which originally constituted separate funds, have been concentrated by law into a single fund, called the "Consolidated Fund," that finds its way into the Bank of England as explained already. Not a penny of the money thus concentrated in the national deposi tory can be legally disbursed except under the authority of permanent appropriation acts, either permanent or annual. By virtue of ation acts, permanent acts are paid out the sums necessary for interest or through on the national debt; the civil list; annuities to the royal family and pensions; courts of justice; salaries and allowances of certain independent officers, and for certain other miscellaneous services. The Annual Appropriation Act, which is not brought in until all the supply grants have been voted, is therefore limited in its operation to those supplies not otherwise appropriated by the permanent acts. It is the last word spoken that closes by the committee of ways and means, that concludes the financial arrangements of the year through the authorization given ness of the for the payment of the remaining sums due from the Consoli origin of the "Consolidated Fund;" all moneys disbursed through appropri an annual appropriation act the financial busi year. dated Fund. To the general rule that forbids the imposition of taxes, 1 May, Parl. Practice, p. 555. See also, pp. 170, 171, 516, 517, 560, 563, 588. member can tax, propose except when demanded by ministers of the crown upon their responsibility, there is a notable exception: "No private mem- No private ber is permitted to propose an imperial tax upon the people; propose an it must proceed from a minister of the crown, or be in some imperial other form declared to be necessary for the public service. But any member may bring in a bill to impose heavy local but can burdens." 1 Cabinet ministers are relieved also of all respon- any bill for sibility as to private bills. For the reason no doubt that in a local the majority of such cases parliament is called upon to exercise quasi-judicial functions, it was declared by the chancellor upon which of the exchequer in 1840 to be "contrary to all established should give practice for ministers of the crown to give an opinion on a an opinion. private bill." They are, therefore, excused from service on private bill committees.3 purpose, questions and other Having now defined in general terms the positive responsi- When bilities of cabinet ministers as initiators and directors of legis- can be put lation, a word must be said as to their negative duties when to ministers called upon in the houses to answer questions. The usage members; that permits such questions to be addressed, not only to ministers but to other members, was first formally recognized and limited in the house of commons by the following rule, the rule formulated in 1854 and embodying the existing practice, 1854; adopted in which provides that "before the public business is entered upon, questions are permitted to be put to ministers of the crown, relating to public affairs; and to other members, relating to any bill, motion, or other public matter connected with the business of the house, in which such members may be concerned." 4 "Within these lines an explanation can be sought governregarding the intentions of the government, but not for an be asked as expression of their opinion upon matters of policy. An answer intentions; to a question cannot be insisted upon, if the answer be refused answer may by a minister on the ground of public interest; nor can the be refused question be replaced upon the notice paper. Questions may ground of be asked of the ministers who are the confidential advisers of interest; public the crown, regarding matters relating to those public duties for which the sovereign is responsible; but no question can be 1 Sir T. E. May's evidence before Joint Committee on Despatch of Business, Com. Pap., 1868-69, vol. vii. p. 185; Hans. Deb., vol. ccxv. p. 1676. Mir. of Parl., 1840, p. 4657. 3 Hans. Deb., vol. ccxii. p. 627; Todd, Parl. Government, pp. 67, 68, 194. 4 See Rule 152, Revised Rule, ed. of 1859. ment can to its upon or sover eign; question outside of no question put which brings the name of the sovereign or the influence can be put that reflects of the crown directly before parliament, or which casts reflecupon crown tions upon the sovereign."1 Questions to members outside of the cabinet are usually addressed to the leader of the opto members position, to ex-ministers, to the archbishop of Canterbury, to members placed on royal commissions, to the trustees of the National Gallery, to the parliamentary representative of the British Museum, and to the lord chamberlain; and are limited under the terms of the rule to matters "relating to any bill, motion, or other public matter connected with the business of the house, in which such members may be concerned." 2 the cabinet; how limited. The offence known as down to 1877 rules failed to closure of debate; urgency of 1881 and 1882; When in 1877 the house of commons was called upon to obstruction deal with an offence of which the speaker said any member defined; was guilty who "wilfully and persistently obstructed public business, without just and reasonable cause," 3 the fact was admitted that its then existing rules contained no adequate provision for the closure of debate under such circumstances. As temporary expedients to facilitate the consideration of sevprovide for eral important bills then pending were adopted the urgency resolutions of the sessions of 1881 and 1882; and in the sessions resolutions of 1887 and 1888 were passed the standing orders now gov erning the subject, which provide, (25) "That, after a question has been proposed, a member rising in his place may claim orders of 1887 now to move, 'That the question be now put,' and, unless it shall governing the subject. appear to the chair that such motion is an abuse of the rules of the house, or an infringement of the rights of the minority, the question, 'That the question be now put,' shall be put forthwith, and decided without amendment or debate;" (26) "That questions for the closure of debate under standing order No. 25 shall be decided in the affirmative, if, when a division be taken, it appears by the numbers declared from the chair, that no less than one hundred members voted in the majority in support of the motion." 4 standing Surviving functions of the privy council; 6. While the inner circle of the privy council known as the cabinet-whose members in legal contemplation derive their authority and responsibility from the fact that they have been ed. 1 May, Parl. Practice, p. 237, 10th 2 Ibid., p. 338. 4 For the text of the orders of the 18th of March, 1887, and 7th of March, 1888, see May, Parl. Practice, Appen 8 Commons' Journals, vol. cxxxii. p. dix, p. 828. See, also, pp. 211, 212, as exer committee; istrative sworn of it has been absorbing all the real powers of government, the outer circle, which now embraces a membership of about two hundred, has since the Revolution of 1688 sunk into comparative insignificance. Its once mighty judicial au- remains of its judicial thority has dwindled in criminal matters down to the right authority of taking examinations and issuing commitments for high cised by treason, while in civil it retains only an appellate jurisdiction over the colonial and ecclesiastical tribunals. These vestiges of its ancient jurisdiction do not belong, however, to the council as a whole, but to the judicial committee, connected its judicial with the main body by little more than its name, to which they were transferred by 3 & 4 Will. IV. c. 41. Among the its adminadministrative functions still exercised by the crown, nomi- functions; nally at least, through the privy council, are such as those of proclaiming ports or fairs, and deciding when a given act shall be put into effect, - functions whose very insignificance best illustrates how the council has fallen from its high estate. "Through privy councillors, and through them alone, can the powers of monarch act; and hence the powers of the crown are in a council sense the powers of the council. They have risen, they have flourished flourished, they have declined, together." This shadowy body, and which thus exists as a mere survival of the past, is unlimited together; in number, and its members, who are appointed without patent its numbers unlimited; or grant at the discretion of the crown, may be dismissed by it at any time, individually or as a whole. Subject to that tenure of contingency the ancient rule was for the privy council to con- councillor, tinue during the life of the sovereign; but that rule was changed by 6 Anne, c. 7, that continues its existence for six 6 Anne, c. 7; months longer, subject of course to the right of the new monarch to dissolve it at will. The only necessary qualifica- qualification for a privy councillor is that he should be born a British duties; subject; and the nature of his duties, including the obligation of secrecy, is clearly epitomized, not only in the oath of office oath of anciently imposed, but in the modern one now in use.2 1 7. The same general longing for a wider freedom that forced the aristocracy, through the reform bill of 1832, to relinquish 1 Dicey, The Privy Council, pp. 144, 145. 2 For the ancient oath, see Coke, Inst., vol. iv. p. 54; for the present oath, see Report of Oaths Commission, Com. Pap., 1867, vol. xxxi. p. 84; Ibid., 1876, crown and have declined a privy tion and office. |