HL Deb 21 June 1872 vol 212 cc15-8

Amendments reported (according to Order).

Clause 3 (Offences in respect of nomination papers, ballot papers, and ballot boxes).

THE MARQUESS OF RIPON moved an Amendment in page 4, line 4, after ("liable") insert— ("If he is a returning officer, or an officer or clerk in attendance at a polling station, to imprisonment for any term not exceeding two years, with or without hard labour, and if he is any other person.")

Amendment agreed to.

Clause 16 (Hours of polling).

THE MARQUESS OF RIPON moved an Amendment in page 9, line 16, leave out from ("later than") inclusive, to the end of the clause and insert— ("Until the hour herein-after mentioned, and no longer; that is to say, (a.) If the poll takes place between the last day of March and the first day of October, until seven o'clock in the afternoon, and (b.) If the poll takes place between the last day of September and the first day of April, until five o'clock in the afternoon.") The noble Marquess said that this alteration would not only extend the hours of polling without incurring the danger of carrying on elections in the dark, but would render the hours uniform in all boroughs and counties in the United Kingdom. At present borough elections in England and Scotland closed at 4, and in Ireland at 5, the latter being the hour in all counties.

THE EARL OF SHAFTESBURY

said, he was ready to accept this modification of his proposal. It was not, indeed, all that he wished for, but he was thankful for small mercies.

Amendment agreed to.

THE EARL OF SHAFTESBURY

said, he rose to propose again, with certain modifications, the clause which he brought forward in Committee, and which was then rejected. He had to-day presented a Petition in its favour from the highest order of working men, representing a large proportion of the great trades of the metropolis. He had modified the clause which their Lordships rejected on Monday night, and should propose that public-houses be closed on the day of polling from noon until the close of the poll, instead of from 8 o'clock in the morning till 8 o'clock in the evening, as the clause originally provided. The working men alleged that a vast amount of bribery was carried on in boroughs, and they were extremely anxious, therefore, that this clause should be introduced into the Bill. They also maintained that a number of people were smuggled into public-houses under various pretences, and kept there till the poll was closed. Now when the working men came forward to express a strong opinion on this subject he thought their representations were worthy of the very gravest consideration. Some of them had remarked to him that there was no Representative of their class in either House of Parliament; but he verily believed their Lordships would make this simple concession in deference to their feelings, in order to show them that their wishes were considered and their interests promoted in the House of Peers. The noble Earl concluded by moving the following clause:— That on any day fixed for polling at any contested election for any borough or borough county in England or Wales after the passing of this Act, it shall not be lawful for any licensed victualler or person licensed to sell beer by retail to be drunk on the premises or not to be drunk on the premises, or any person licensed or authorized to sell any fermented or distilled liquors in any part of England or Wales, to open or keep open his house in any borough where a polling-place is situated for the sale of beer, wine, spirits, or any other fermented or distilled liquors between the hour of twelve of the clock at noon of such polling day and the close of the poll on the same day, except for refreshments to a bonâ fide traveller or a lodger therein."—(The Earl of Shaftesbury.)

THE EARL OF KIMBERLEY

said, that the subject of the clause did not fairly come within the spirit and intention of the Bill, the avowed object of which was to amend the law relating to the procedure at Parliamentary elections—the matter was one which might more properly be dealt with in the Corrupt Practices Bill. But even admitting that it related to the present measure, the noble Earl's proposal was open to several objections. In London, for example, nothing occurred at contested elections, so far as he could discover, that would render it necessary to close public-houses during the hours of polling. Besides, on such occasions it would be unusually difficult to determine who was a bonâ fide traveller. Again, there were many country districts in which the population was exceedingly dense, and he could not see why the operation of the clause should not extend to such districts, instead of being confined to boroughs.

THE DUKE OF RICHMOND

said, he was unable to support the clause—which, moreover, certainly did not come within the proper scope of the Bill. There was one part of the country, with which he was acquainted, where the clause would produce great inconvenience. He alluded to the borough of Shoreham, where bribery had been found to prevail, so that 100 years ago it was extended into the Rape of Bramber—a district of some 30 square miles, commencing near Brighton and running westward to Worthing and Horsham. Now, if this clause was accepted, no public-house or refreshment-house could be kept open on the day of polling through out this large district and throughout this day no man would be able to get a slice of bread and cheese and a pint of beer. This would be a great hardship upon bonâ fide travellers.

LORD CHELMSFORD

said, the object of the Bill was to regulate proceedings at elections, and he was not aware that drinking was one of the proceedings at Parliamentary elections.

THE EARL OF SHAFTESBURY

maintained that the subject properly belonged to the present measure, which was expressed to be designed to put down bribery and intimidation, and these were notoriously carried on to a great extent in public-houses. Even if the subject might be more fitly introduced into the Corrupt Practices Bill, they did not know whether that measure would ever be brought forward. He believed that this proposal was intimately connected with purity of election, both as regarded intimidation and bribery, and therefore he should take the sense of the House upon it.

On Question? Their Lordships divided:—Contents 15; Not-Contents 37: Majority 22.

Resolved in the Negative.

Clause 17 (Alterations for application of Part I. to Scotland).

THE MARQUESS OF RIPON moved an Amendment, page 10, line 8, after ("provided always") insert— ("That if any person shall be proposed as a candidate without his consent the person so proposing him shall be liable to defray his share of all these expenses in like manner as if he had been a candidate himself; provided also.")

And in line 11, after ("officer") leave out ("and") and insert ("shall not exceed two guineas per day, and the fee to be paid.")

Amendment agreed to.

Further Amendments made.

Bill to be read 3a on Tuesday next; and to be printed as amended. (No. 168.)

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