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COMMITTEE, SELECT
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tee, or to fill up vacancies on it caused by the death of a member or by his having ceased to be a member of the House, require notice.
Authority of Select Committee. A select committee has no power but what it derives from the House which appoints it. The functions of a select committee are set forth in the order appointing it, termed the "order of reference", and the com- mittee must not consider any motion cr embark upon any inquiry which does not come directly within the purposes of its appointment as expressed or clearly implied in the order of refer- ence, unless those purposes have been widened by an instruction (9.v.). Nor may it, in the performance of its functions, exercise any power which has not been conferred upon it by the House either expressly or by necessary implication. (The power, constantly exercised by select committees, of adjourning their sittings from time to time is an example of a power which is held to be conferred upon them by necessary implication.) No power will be held to have been impliedly conferred upon a com- mittee unless it can fairly be said to be obviously necessary to the achievement of the purpose for which the committee was appointed. So rigorously is this principle adhered to in the House of Commons that a select committee may not take evidence unless it has been empowered by the House to do so, even though the committee has been appointed to inquire into a matter and the evidence is voluntarily tendered. Moreover, as a select committee has only a delegated authority, it cannot appoint a sub- committee for any purpose which would involve a delegation of the authority conferred upon the committee by the House, c.g. to examine witnesses, unless it has been given the power to do so by the House.
Select committees appointed by the House of Commons are usually given power to send for persons, papers, and records ", i.e. to summon witnesses to attend to give evidence or to produce documents. The House of Lords, however, does not give its committees authority to require the attendance of witnesses or the production of documents. In both Houses select committees appointed to investigate the conduct of persons, or to inquire into matters in which theu private rights and interests, or those of corporate bodies, are concerned, are usually given a dis- cretionary power of hearing counsel on behalf of such persons or bodies. In some instances select committees have been author- ised to call in the aid of experts or to confer with other persons. Time of Sitting. The time of the first meeting of a House of Lords select committee is fixed by the House; but the time of the first meeting of a House of Commons select committee is fixed by the senior member. A select committee may adjourn itself from time to time. If the inquiry is likely to last some time the committee usually passes a resolution to sit on such and such a