OBSTRUCTION OF PUBLIC BUSINESS.
No. III.
TO THE EDITOR OF THE SPECTATOR.
London, 17th April 1848. Sin—Great credit is due to Lord Stanley for the practical steps he has taken to meet a generally acknowledged evil, the encounter with which everybody has hitherto avoided. He is entitled to the more credit on account of his introduction
tecthe question without party feeling and without party considerations. The sub- t well deserves a full share of the session, since all other measures depend upon for their completeness and for their early success. Before the passing of the Reform Act, Reformers were forewarned that the want of organization would offer effective obstruction to the working out of their fair purpeees. Every year's experience has justified the prophecy. It is new of paramount importance to meet the difficalty, as regards both the multitude of measures which await the determination of the Legislature and the future working of our political system. The vindication of the constitution, in its pee, sent form, must be found in the practical results which are realised under it or by its means. And if its basis be extended, as it probably must be sooner or the irresistible pressure upon existing institutions can only be moderated by meats which after providing for the reception of complaints shall insure a consideration of them. Public men are apt to plead that they make great pm. gross, comparing present results with past; but though they may therapy men, themselves from an Imputation often unjustly cast upon them, it is not the right standard or the standard that will permanently avail. The progress must be measured by the rapidity of their operations compared with the demand for exer- tion. It is not, however, rapidity that is so much required, as a steady onward progress without hesitation or vacillation.
On these accounts, I attach much value to the efforts now made by Lord Stu. ley. Although the contemplated results are limited, they are valuable because they involve a distinct recognition of the evil, and because they must eventuate in complete results of the same useful character.
Lord Stanley pro.poses to enable either House to defer from one session to the next, measures which have come from the other House and which for want of time cannot be well considered at once, and in the interval to refer them to a competent legal adviser for his investigation and report. These objects are in the right direction; but the necessity for them would be to a great extent removed, and the end more entirely reached, if the arrangements of the Government and of the two Houses for inquiry and for legislation were on a proper footing. Previous inquiry and systematic legislation, by lessening delay and removing obstructions, would place so much time at the disposal of Parliament—would re.. duce so far the number of occasions on which it is necessary to withdraw a bill for amendment—and would establish among Members of Parliament to so much lneater extent a common understanding as to the province, objects, and mesas of egislation—that the distracting pressure which is now felt would in all probability not occur except upon very rare occasions.
The delays and failures do not, as is commonly supposed, arise exclusively or principally from the wording of measures, but from want of first ascertaining what the law is, what the grievance is, and the collateral as well as the direct matters which, to give effect to the reform, need alteration, or the mutual adapta- tion of the new and the old. This class of obstruction is to be met by previous in- quiry. Delays also arise from the imperfect state of information in the House. Mem. bers learn by objection ; and as ill-informed persons often put questions the most puz- zling and the least susceptible of an answer, objection is frequently successful through the mere inability of the Minister to answer it. Systematic reports, founded upon inquiries, is the remedy for this branch of the evil. Moreover, Members are now and then factious. They make untenable objections through wilfulness as well as ignorance. The timely publication of these reports, by creating a consciousness on the part of Members that the public knows that they know the real state of the matter, will get rid of obstruction of this kind. Fur- ther, such systematic reports would often render unnecessary inquiry by either House, or if inquiry must be made, facilitate and limit it; and thus remove another cause of delay. The officers who draw the bills having assisted in the preparation of such re- ports, would be cognizant of their contents. The provisions of the bills would be full and complete; and being well considered, the arrangement would be good, for the arrangement depends upon the mastery of the subject; and the language, for the most part, depends upon the arrangement. All this labour should be performed before the bill is introduced. The officer to whom Lord Stanley purposes to refer the bills would have an invidious and hope- less task of it if it were not undertaken, in part at least, till the bills had passed one of the Houses. If the bills had not been written after some common and well-established method, his work would be too heavy for him, even if the whole of the recess should be employed upon it: for it would not be sufficient that he should point out inconsistency and error—he should show also by what means it is to be corrected, and that in mode and in terms. The remedy, too, being confined to one class of bills only, it would not be coex- tensive with the mischief.
It seems to be necessary that the arrangements should extend to all bills, both before they are introduced and during their passage through both Houses of Par- liament till they become law, and even when they have become law; and that to this end the whole force of labourers already at our command and engaged in this work,—the law advisers, the draftsmen, index-makers, printers, clerks, should be placed in intercourse, and made to combine their energies in one common scheme of action; a result that may be brought about by the easiest means.
Let the Law Advisers of the different departments draw or revise the bills, or the provisions relating to the matters of their own departments, as they do now; but, instead of rivalling each other in diversity of manner, language, and even of law, let them, by means of a system of indexing, bringing together all matters of the same nature in the manner of a concordance, ascertain in what respects they differ; and let the discrepancies so discovered be referred to a Board of Reference which may consist of some of their number under the presidency of an eminent lawyer; and let the determination of that Board rule the practice, unless the point in question impinge upon matters of policy, in which case the Head of the Depart- ment should bring it before his colleagues, who for that purpose, and for the pur- pose of establishing common views and common action in the different departments of the Government, might constitute a Committee of Privy Council for matters of Law and Legislation.
If a similar Committee were appointed by each House, we need not doubt that gradually our laws would attain as much " uniformity in language, in form, in arrangement, and in matter," as is attainable in human productions acted upon by multitudinous assemblies like our Houses of Parliament.
The Criminal Code, and the budget of law measures which have from time to time been recommended by the highest authorities of the law, might by such means be advanced by regular steps, and by so much relieve ordinary legislation from details with which it is loaded through the imperfection of our general system of law.
Considering that the remedy for the gigantic evils of which we are now treat- ing is to be obtained without creating new offices, but simply by giving effect to existing ones,--calling upon all to assist in the work of legislation, to the extent in all cases of furnishing the needful information, and in some of supplying the provisions of new enactments in detail or consolidating the existing law,--I doubt not that every class of statesmen would willingly second any efforts in this direction, of which Lord Stanley's proposition has the merit of being a that stets
It is from no disposition to undervalue that effort that I urge the con- sideration of the whole subject, but because I know that though our public men are sensible of the mischief, they are so distracted by overwhelming engagements that they cannot master the matter; and not being masters of the matter, they despair of obtaining that concurrence which in this country is necessary for anY extensive enterprise. It is much to be desired that the opportunity which Lord Stanley's energy has created should not be lost; but that in both Houses the sub- ject will be fully considered, and that the Government will be strengthened by s. general expression of opinion in favour of an improvement of the present state of things; which, in face of the Statute-book—one huge bill of indictment of prettied
misfeazances on the part of the Legislature—it is impossible to justify. S.
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