HC Deb 23 April 1885 vol 297 cc471-3
MR. SEXTON

asked the Chief Secretary to the Lord Lieutenant of Ireland, with regard to the recent election of a Poor Law guardian for the Drumfin Divi- sion (Sligo), Whether, after the returning officer had returned Mr. Thomas Patterson as elected by a majority of one, the Board, on investigation, found that six votes had been recorded for Mr. Patterson which should not have been allowed, and that the said votes were lost, because the paper on which they were entered had not been returned to the police and taken up by them in the manner prescribed by Law; whether this decision of the Board left the other candidate, Mr. Martin Judge, in a majority of five upon the poll; whether, nevertheless, the Board have declined to declare Mr. Judge elected, and have declined upon the ground that the provisions of the Poor Law Acts do not allow them to declare a candidate elected unless he has been so returned by the returning officer; what provisions in the Acts in question are relied on to support this view; and, whether, the Board having already informed the returning officer that the candidate declared by him to have been returned had been so returned because the returning officer had unduly allowed "lost votes," the Board will now be instructed that it is their duty to declare the candidate returned who obtained the majority of valid votes in the election?

MR. CAMPBELL-BANNERMAN

The Question correctly represents the facts of the case. The Local Government Board can only decide whether the person returned has a right to act or not. They have no power to declare another person elected, or to return or appoint another Guardian themselves.

MR. SEXTON

I would ask the right hon. Gentleman to answer the last paragraph but one of the Question. If he cannot answer that, I would ask whether it is a fact that the Local Government Board, although they have admitted that the election was illegal, are debarred by this improper action on the part of this officer from declaring the candidate returned who has obtained the majority of votes?

MR. CAMPBELL-BANNERMAN

I have no knowledge of any particular provisions provided which could be relied upon; but I believe that this has been the practice for the past 20 or 30 years.

MR. SEXTON

I beg to give Notice that upon the Estimates for the Local Government Board I shall call attention to the necessity for an amendment in the law in this respect.