The Committee of the Whole is a parliamentary device, derived from the practice of the English House of Commons, used to expedite the work of the House during the debate and amendment process. It involves several less formal arrangements to conduct business, including a lesser number of Members required for a quorum as compared to in the full House. It also has a different procedure required to obtain a recorded vote 25 Members standing in support as compared to the requirement of one-fifth of those present standing or a lack of a quorum in the full House.
Certain motions allowed in the House are prohibited in the Committee of the Whole, such as motions for the previous question , to adjourn , to reconsider a vote, or to refer or recommit. The Speaker does not preside in the Committee of the Whole, but appoints a Member of the majority party to preside with the full authority to keep order, rule on questions, recognize Members, and order votes.
A select committee would then be appointed to draft a bill. When the select committee reported the bill to the House, the House would then refer the measure to a Committee of the Whole for debate and amendment before itself considering the question of passage.
Historian Ralph Volney Harlow commended on the committee of the whole as a forum in which the broad outline of legislation could be discussed:.
The committee of the whole is really a compromise between a regular session, and an adjournment for purposes of discussion. The latter method could not be used to advantage in any large assembly, because some restraining influence would be necessary. But the primitive form of the committee of the whole was probably a short adjournment, during which members could move about from one to another, and freely discuss the merits of the matter under consideration.
Gradually, the standing committee system grew up in the House of Representatives, replacing the temporary select committees of the earlier era.
Standing committees assumed the overview and drafting functions previously divided between a committee of the whole and a select committee. As a result, the purpose for convening in Committee of the Whole began to change. The concept found in current practice is that of the principal forum for discussion and amendment of legislation.
Contemporary Committee of the Whole procedures are not without some restriction, but they are more flexible than those employed in the formal sessions of the House of Representatives. For a comparison of characteristics of the House and the Committee of the Whole in contemporary practice, please see Table 1 at the end of this report.
When the House of Representatives resolves itself into the Committee of the Whole, two simple rituals mark the transformation. First, the mace—a column of ebony rods which sits on a green marble pedestal to the right of the Speaker on the podium—is moved to a white marble pedestal positioned lower on the podium.
The mace represents the authority of the sergeant of arms to maintain order in the House. When it is removed from the higher position on the podium, it signals the House is no longer meeting as the House of Representatives in regular session, but in the Committee of the Whole.
Second, the Speaker descends the podium, and designates a majority party colleague to take his place and assume the duties of the presiding officer during the deliberations of the Committee of the Whole. The Member designated by the Speaker thus becomes the chairman of the Committee of the Whole and is responsible for recognizing Members, maintaining order, and ruling on points of order.
During meetings of the Committee of the Whole, Members address the chair not as "Mr. Speaker" but as "Mr. Chairman" or "Madam Chairman. Under the Standing Rules of the House, a measure that raises revenue, directly or indirectly appropriates money, or authorizes the expenditure of money must be considered in the Committee of the Whole. Other types of measures may be considered in the Committee of the Whole, if the House so decides, or if a rule-making statute so requires.
In either case, the House of Representatives must first agree to resolve itself into the Committee of the Whole. It does so in three ways: by unanimous consent, by adopting a motion to resolve into the Committee of the Whole, or by adopting a "special rule" that authorizes the Speaker to declare the House resolved into the Committee of the Whole for the purpose of considering a specified measure.
In addition to making the consideration of a specific measure in order in the Committee of the Whole, each of these three approaches will most likely limit general debate time and assign its control. They may also specify the number and types of amendments which may be offered, may designate debate time on amendments, and may waive points of order against House rules, if a provision in the measure could otherwise be held in violation of them.
Once the House resolves itself into the Committee, the measure before the Committee is debated and amended. In general, the Committee of the Whole observes the rules of procedure of the House of Representatives insofar as they are applicable. There are several important differences between proceedings in the House of Representatives and proceedings in the Committee of the Whole that make legislative deliberation in the Committee an attractive alternative.
In the House, a majority of the membership is required to constitute a quorum to conduct business. If all seats are filled, a majority is members. In the Committee of the Whole, however, only members are required to constitute a quorum. The chairman may vacate further proceedings under a quorum call as soon as members have answered the call, and the minimum minute period allowed for a quorum call need not be used in its entirety, as is the case in the House.
In addition, the chairman of the Committee is generally allowed the discretion of whether or not to permit a quorum call during general debate.
Furthermore, if the presence of a quorum has been established once during any day's deliberations in the Committee, the chairman need not entertain a quorum call unless a pending question has been put to a vote during the amendment process.
The Standing Joint Committee for the Scrutiny of Regulations 88 is mandated to review and scrutinize statutory instruments.
When the report is concurred in by the House of Commons and Senate, this proposed mandate then becomes an order of reference to the Committee for the remainder of the session. Legislative committees are created on an ad hoc basis by the House solely to draft or review proposed legislation. They are established as needed when the House adopts a motion creating an order of reference 94 and cease to exist upon presentation of their report on the legislation to the House. They consist of a maximum of 15 Members drawn from all recognized political parties in the House, plus the Chair.
Their mandate is restricted to examining and inquiring into the bill referred to them by the House, and presenting a report on it with or without amendments. As in the case of legislative committees, special committees are ad hoc bodies created as needed by the House.
Unlike legislative committees, however, they are not usually charged with the study of a bill, but rather with inquiring into a matter to which the House attaches particular importance. Special committees cease to exist upon presentation of their final report. Special joint committees are created for the same purposes as special committees: to study matters of great importance.
However, they are composed of Members of the House of Commons and Senators. They are established by order of reference from the House and another from the Senate. It may also designate the members of the committee to represent the House, or specify how they are to be selected. Decisions of one House concerning the membership, mandate and powers of a proposed joint committee are communicated to the other House by message. Both Houses must be in agreement about the mandate and powers of the committee in order for it to be able to undertake its work.
Once a request to participate in a joint committee is received, the other House, if it so desires, adopts a motion to establish such a committee and includes a provision to inform the originating House that it agrees to the request.
A special joint committee ceases to exist when it has presented its final report to both Houses. The mandate of a special joint committee is set out in the order of reference by which it is established. In the past, special joint committees have been set up to inquire into such matters as child custody, defence, foreign policy, a code of conduct for Members and Senators, Senate reform, and physician-assisted dying. Subcommittees are working groups that report to existing committees.
They are normally created by an order of reference adopted by the committee in question. The establishment of subcommittees is usually designed to relieve parliamentary committees of planning and administrative tasks, or to address important issues relating to their mandate. Subcommittees generally have a lower level of activity than the committees they report to, but in some cases they may be just as busy. Apart from the cases in which they are created by the House or required pursuant to the Standing Orders , a parliamentary committee is under no obligation to strike subcommittees; the decision rests entirely with its members.
Unless provision has already been made in the Standing Orders , it is up to the committee or the House, as the case may be, that creates a subcommittee to establish its mandate in an order of reference, specifying its membership the number of members varies , powers and any other conditions that are to govern its deliberations. Not every type of committee can create subcommittees.
Under the Standing Orders , standing committees including, where the House is concerned, standing joint committees may do so. Once established, subcommittees carry out their own work within the mandate entrusted to them. They are free to adopt rules to govern their activities, provided these are consistent with the framework established by the main committee. Parliamentary Business Parliamentary Business - Home.
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