Ministerial statements. was always deemed to be sufficient, which gave rise to much inconvenience, as it is customary to permit debates to take place, in the Lords, upon putting and answering questions, commenting upon the subject matter of the same, without any formal question being before the House. But in 1867 a committee of the House of Lords recommended that, with a view to direct the attention of peers interested therein to questions upon which a debate may arise, notice of all questions which admit of delay should be given in the minutes. After due deliberation thereon, the House resolved, on April 2, 1868, that it is desirable, where it is intended to make a statement, or to raise a discussion on asking a question, that notice of the question should be given in the orders of the day and notices. But this rule does not extend to questions of urgency, and is not always strictly enforced." Sometimes information upon a subject on which an enquiry had been made of ministers is given at a later period of the session, without further question or motion thereupon. Or ministers may voluntarily communicate information upon a matter of public interest, concerning which no question had been asked.* Ministers of the crown may make statements to Parliament, from information in their possession, without being obliged to produce a written authority for the same." But they are not at liberty to read, or quote from, a despatch or other official document, not before the House, unless prepared to lay it on the table. But this rule only applies to public documents, and to such as can be produced without injury to the public interests." (f.) The issue and control of Royal, Statutory, and Departmental Commissions. sions of In the preparation of measures to be submitted for Commis the consideration of Parliament, and in the conduct of enquiry public enquiries into matters which require the action of the executive government, it is necessary that the ministers of the crown should be able to avail themselves of competent assistance from every quarter, in collecting accurate information upon all public ques tions. W So far as the preparation of legislative measures is concerned, the time of cabinet ministers is unavoidably so much engrossed by their official functions, that there are very few of them who can give their attention to a great subject, and look at the consequences to the country of the measures which are adopted.' With a view to afford substantial assistance to government in this direction, it has been customary of late years for select committees to be appointed by the Houses of Parliament, either at the suggestion or with the concurrence of ministers, to investigate various important public questions upon which legislation founded upon evidence is necessary. But a resort to parliamentary committees in such cases is sometimes objectionable, as it may tend to diminish the responsibility which properly belongs to the advisers of the crown. This method of enquiry, moreover, is open to the inconvenience of having to be conducted under the pressure and distraction of other parliamentary duties and it has often happened that after a protracted investigation into a particular subject, a parliamentary committee has been 1883, p. 378. Hans. D. v. 186, p. 907; v. 190, p. 667; v. 203, p. 1118; v. 209, p. 1157; v. 219, p. 1029; v. 232, p. 112. And see ante, vol. 1, p. 577. Ld. J. Russell, Report on Offi- sions. Commis obliged to abandon the attempt to complete the enquiry to its own satisfaction, and has recommended that a royal commission should be appointed, which could bestow a more thorough and undivided attention upon it. Their peculiar value. Preliminary enquiries by a royal commission are of inestimable service to the working of parliamentary government. Besides affording peculiar facilities for ascertaining facts, they frequently bring to light a mass of information upon the subject in hand which could be obtained in no other way, and the report of an able and impartial commission is often of the highest value in the instruction and enlightenment of the public mind. The questions of pauperism and poor-law administration, of crime and penal administration, of pestilence and sanitary legislation, and of the evils attendant on excessive manufacturing labour, are conspicuous instances of the effects of commissions of enquiry in reversing every main principle, and almost every assumed chief elementary fact, on which the general public, parliamentary committees, and leading statesmen, were prepared to legislate.'y every It is not only as being directly helpful to ministers of the crown in the preparation of their legislative measures, but also as a means for the impartial investigation of class of question upon which the crown or Parliament may need to be informed, that recourse may appropriately be had to a royal commission. It will therefore be suitable in this connection to point out the rules applicable to the issue of commissions, and to the subsequent proceedings in relation thereto. A royal commission may be appointed by the crown, either at its own discretion, and by virtue of its prero ▾ Paper by Mr. E. Chadwick, C.B., read before the Society for promoting the Amendment of the Law, January 29, 1859, on the preparation of legislative measures by the cabinet, by parliamentary committees, and by commissions of enquiry: in Law Amendment Jour. Feb. 3, 1859. commis. gative, or in conformity with the directions of an Act Rules conof Parliament, or in compliance with the advice of one cerning or both of the Houses of Parliament. It is not neces- sions. sary for both Houses to unite in an address to the crown. for the issue of a royal commission, except when the same is expressly required by a particular statute, as, for example, the Act 15 & 16 Victoria, c. 57, which prescribes a joint address in order to obtain the appointment of a commission of enquiry into the prevalence of corrupt practices in any parliamentary constituency." While commissions are issued upon an address from either House indifferently, such addresses emanate more frequently from the Commons than from the Lords;" and so much respect is usually paid to the expressed wishes of either House of Parliament than, even though an address for the appointment of a commission be carried against the opposition of ministers, it is customary for the crown to direct the commission to be issued.a But on June 18, 1872, the House of Lords agreed to address the Queen (in opposition to ministers) praying that a commission might be issued to enquire into an alleged injustice to officers of the late purchase corps, and into complaints in respect of promotion in the Royal Artillery and Engineers, and that until such commission should have been reported, the publication of the royal warrant on this subject might be delayed. On June 27, her Majesty's answer was reported declining to revoke or delay the arrangements already decided upon.* The constitutional right of the crown to issue commissions of enquiry has indeed been questioned,' but Hans. D. v. 214, p. 1361. * See post, p. 439. For particulars concerning powers of these commissions see Rep. Com. on Corrupt Practices, Com. Pap. 1870, v. 6, p. 19. See also May, Parl. Prac. ed. 1883, p. 730. b Com. Jour. v. 118, pp. 250, 265, 363, 377; v. 119, pp. 215, 229. Lords' Jour. v. 93, p. 633. VOL. II. d Site of the National Gallery, Hans. D. v. 142, p. 2154. Ib. v. 143, p. 510. Sea Fisheries, Ib. v. 171, pp. 261, 515. é Hans. D. v. 212, p. 267. f See Toulmin Smith, on Government by Commissions; particularly pp. 150, 168. Also debates in H. of C. on April 23 and July 18, 1850, on proposed commission of enquiry into FF sions. Commis mainly for reasons which, however weighty they might have been so long as prerogative government existed, are wholly inapplicable to our present political system. Since the establishment of ministerial responsibility, commissions have become a recognised part of our governmental machinery, and it is now freely admitted that when confined to matters of legitimate enquiry they serve a most useful and beneficial purpose." Parliament, moreover, is duly informed, in the annual estimates of the appointment, powers, progress, and expenditure of all commissions issued by the crown, and of the probable duration of their enquiries." Their scope and powers limited. Commissions of enquiry may be properly appointed by the crown, or by the head of any department of state, to examine into a particular grievance, or alleged defect in the administration of a public department,' or to collect information on any important public question and advise the crown upon the same. But it would be unconstitutional to refer to a royal commission 'subjects which are connected with the elementary duties of the executive government and with its relations to Parliament'; or, to investigate a grievance which arises out of a particular decision of Parliament, on a given question; or, to appoint a commission with a view to evade the responsibility of ministers in any matter; or, to do the work of existing departments of state, who possess all needful facilities for obtaining in state of Oxford and Cambridge Uni- Cox, Inst. Eng. Govt. p. 155; |