It follows that in the case of unopposed schemes brought in under the Act, there is a great saving of time and expense as compared with the former system.
With regard to schemes which are opposed, the judicial functions of a Parliamentary Committee dealing with Private Bills were transferred by the Act of 1899 to a special tribunal, composed of two Panels, a Parliamentary Panel and an Extra-Parliamentary Panel, whose members shall have no local or personal interest in the questions at issue. From these is formed a Commission of four members.
Mr. A. W. Samuels, K.C., thus describes the constitution of the Commission:—
“In the first instance it is provided that the members shall be taken—two from the Lords and two from the Commons. In the event of that being found impossible, three may be taken from one House and one from the other. In the next resort all may be from the same House. Finally—if members cannot be procured to serve—the extra Parliamentary Panel can be called upon, and the Commission manned from it.
“The next great reform introduced by the measure is, that the inquiry is to be held at such place, in Scotland, as may be convenient. The inquiry is to be localised as far as possible. It is to be held in public. The Commissioners are to settle questions of locus standi—they can decide upon the preamble before discussing clauses—and persons having a locus standi can appear before them in person or by counsel or agent.
“When they have heard the evidence the Commissioners are to report to the Secretary of Scotland, and they can recommend that the Provisional Order should be issued as prayed for, or with such modifications as they may make. If there is no opposition to the Provisional Order as finally settled by the Commissioners, it is embodied in a Confirmation Bill by the Secretary of Scotland and passed through Parliament.
“If there is opposition a petition must be presented to Parliament against the Order, and then, on the second reading of the Confirmation Bill, a member can move that the Bill be referred to a Joint Committee of both Houses of Parliament, and if the motion is carried in the House a Joint Committee of Lords and Commons shall sit, at the peril of costs to the opponents, to hear and take evidence and decide upon the measure in the same way as in the case of a Private Bill.” (Private Bill Procedure, pp. 9 and 10.)
In 1904, the Select Committee appointed to consider the provisions of a similar measure to be applied to Wales, reported that in practice the Scottish Act had proved a success, which they attributed largely to the supervision of the Provisional Orders conducted by the Scottish Office.
There would seem, then, every reason to believe that a measure framed upon the lines of the Scottish Act, to apply to Ireland, would be equally successful.