WOMEN'S RIGHTS

Dominion, Volume 12, Issue 5, 1 October 1919, Page 5

WOMEN'S RIGHTS

BILL BEFORE THE UPPER HOUSE

A POINT OF PRIVILEGE

The motion to read (he Women's Parliamentary Rights Bill a first timo provoked an important disc-iissioii upon privilege in the Legislative Council yesterday. The Hon. J. MacGregor raised tho question of privilege. The Bill, he said, was one purporting to affect tho constitution of the Council, inasmuch as it read as follows: "A woman ehall not bo disqualified by sex or marriage from being 'appointed or elected as a member of tho Legislative Council or tho House of Eepresentatives or.from sitting or voting as a member of cither House of Parliament. .. ." "The Bill," Mr. MacGregor proceeded, "clearly raises the question of ono of the mosi: important of tho few remaining privileges'or this Council —that is. the privilege involved in tho principle or convention that when it is proposed to nwko any ehnnge in the constitution of either House of Parliament, tho measure intended to effect that chango must originate in the House whoso constitution it is proposed to affect." In support of this contention, he quoted section 242 of the Legislature Act. 1908. That the principle ho had referred to was- undoubtedly one of the privileges of the Hons!) of .Lords was. ho submitted, clear from the following passane in Kte&hen's "Blackstone." "All Bills . . . that may in their any way affect the rights of the peerage aro bv a custom of Parliament to havo thoir fmst rise and beginning in the House of Peers suffer no changes or amendments in. the ICouse of Coinmous, which has, however, the power of rejecting them altogether." AYhen, in the 1918 session of the New South Wales Parliament. the first reading of. the Women's Logal Status Bill was moved, -the President. of the Council had intervened, and said: "However distasteful it may bo, I conceive it to be ray duty as custodian of the rights and privileges of this House to draw tho attention of lion, members to the fact that the Bill now moved-in-fringes on one of those undoubted rights that are the common'prerogative of'both Houses, viz., that any Bill concerning tho privileges or proceedings of either House shall commence in that house, which it affects." That Bill v.-as withdrawn after it had been ruled thnt the measure was improperly before tho House. "I submit," Mr. MacGr'egor concluded, "that being of the opinion Ihtit I have arrived at, it is my duty to bring the matter before the Council.- For 1 consider it is the duty of ■'every member of this Council to bo vigilant always. with regard to the privileges of the council. In these circumstances, I submit that hon. members will admit that I havo simply done what I consider my duty " Sir William Hall-J'onos observed that if he remembered ..al ight the Bill -abolishing life membership of the Council and substituting a seven years' appointment had originated in ihe Lower House, had come oil to the. Council, and had eventually been adopted. Members would recall the difference that occurred in the Imperial Parliament in 19(19 and 1910 in regard to a Bill sent from tho .House of Commons to the House of. Lords, which resulted in there being two elections within twelve- months. After the second election the powers of tho House of Lords were tremendously curtailed, and' the Bill curtailing them, originated, too, in tho House-of Commons. It did not seem to him that Mr .MacGregor had established his contentions. The precedents' in the Old Country and in New Zcalnnd seemed to iustify the course. t'aat had been taken bv the Lower House with the particular Bill under discussion, and ho submitteo' that the rights of (he Council had not in tjiis case been encroached upon. The Hon. O. considered the point of privilege to be of the greatest importance. . -It did not> in any degree raise the question of the merits of the -particular Bill before the Council. , Ho •urged that members should not be deterred by considerations of inconvenienco from upholding, and insisting ' upon tho privileges of the House. It would cause iittlo inconvenience to require that separate Bills iipon the I'iglit of women io sit in Parliament should be introduced in each House. He wjs not going hurriedly to pronounce an opinion upon the noint raised bv .Mr. MacGregor, and he suggested that a committee should be appointed to discover what, was tho best vourse to adopt. • ~' The Hon. the Speaker: "Hon members will recogniso that it is a very difficult, and vorv technical question that is raised. If I had been apprised of it beforehand bv the hon. member who raised it. I might linve hud some timn to prepare for it. . I am hot prepared to give a. hurried decision. . . . I am not prepared as yet to ruin that there has been a breach of ourVprivlJeges, although I nni at all times anxious that the privileges of this Conncii shall be maintained. I Will permit the Jlill'to go through its first reading, arid then give the matter consideration; and, if necessary, I will ask that a committee b& set up to investi-, gate the matter." • The Bill was read a first time.