TRIAL OF ELECTIONS.—EXEMPTION OF MEMBERS. (Hansard, 3 February 1840)

§ The Speaker
said—I beg to lay before the House my first warrant for the appointment of an election committee under the new Act.
The warrant was read by the clerk, and was as follows:— Pursuant to an Act passed in the 2d and 3d of her present Majesty, for the amendment of the jurisdiction for the trial of controverted elections, I hereby appoint Thomas Greene, Wm. Milnes, the O'Conor Don, W. Orde, E. Strutt, and J. Young, Esqrs., the members of the general committee for the trial of disputed elections during the present session. C S. LEFEVKE, Speaker.

§ Sir R. Peel
wished to ask, if any of the Members for whom leave of absence had been obtained should hereafter appear in the House, before the period of leave had expired, whether they would not then be liable to serve on committees?

§ Lord J. Russell
said, that was the rule of the House. Leave of absence expired when they re-appeared.

§ The Attorney-General
, on his name being called, said he was sorry to be under 1098 the necessity of claiming exemption upon the ground of the pressure of his public duties. He would be most willing to take his part in the labours of the House, but he could declare conscientiously that he could not sit upon election committees without neglecting the duties of his office.

§ Lord J. Russell
moved that Sir John Campbell be excused from serving upon election committees.

§ Sir G. Clerk
begged to ask whether the excuse required was to be a permanent one in the case of the Attorney-general? As, if so, it would of course become a precedent for excusing every person holding the same office. Or was it on account of some peculiar or temporary pressure of public business the Attorney-general desired to be excused? If that was the case a limited time ought to be stated.

§ Mr. Greene
thought that it would be a more convenient course if, at present, the names of hon. Members claiming exemption should only be set down, and that the objection should be taken to-morrow.

§ Sir G. Clerk
said the Act was imperative, and the exemption must be decided upon at once.

§ Sir E. Sugden
thought this question one of great importance. He admitted, that the business of the Attorney-general might be a sufficient excuse for his not serving on committees. But there were many Members of that House who were practising at the bar, and if the Attorney-General employed in his private practice, the time which they were compelled to devote to the business of the House, that would give him an unfair advantage over them. His hon. Friend the Attorney-general had an opportunity of stating his objections to this bill whilst it was in preparation; and it had been suggested that Gentlemen practising at the bar should be exempted. But the Attorney-general was of opinion that they had no peculiar claims to be excused. It was his impression that if the House compelled practising barristers to attend upon election committees they would find it impossible to attend to their business at the bar, and the result would be that the Courts would not be able to sit. It might be said, that other barristers might be found who would do their duty in their absence, but he (Sir E. Sugden) thought there would be a great difficulty on that point. It would, therefore, be an advantage, not to the bar, but to the public generally, to excuse members of the 1099 bar altogether. If they were forced to sit on committees, it would be the means of excluding them altogether from being Members of that House. He thought there ought to be either a general exemption of the whole bar, or no exemption at all.

§ Sir R. Peel
I am decidedly opposed to exempting the Gentlemen of the bar from sitting on committees. If we compelled Gentlemen of the bar to become Members of this House, I should then undoubtedly feel greatly disposed to grant them an exemption; but as they have the option of coming into the House or staying out of it as they please, I think they are bound to serve on committees as well as other Members. I believe it will be very easy to find other Gentlemen of the bar to supply in the Courts the places of those engaged upon committees. With respect to the present case, I am very sorry for the necessity that causes the application to be made; but I cannot consent to the understanding that the Attorney-general is always to be exempt, and, therefore, if the exemption is granted on the present occasion, I submit that the special grounds that render it necessary should be stated, and that when those grounds cease, the exemption should also cease, and that the Attorney-general be then called upon to serve. I should be sorry to establish the precedent under which future Attorney-generals should be excused; and my support of the present motion must, therefore, depend on the specific grounds stated, being, in my mind, sufficient to warrant the exemption.

§ The Attorney-General
said, he solely asked the favour on account of the peculiarity of his present circumstances, and he did not ask it for the whole session, but if the House would grant it until Easter he should be satisfied.

§ Lord J. Russell
moved, that the Attorney-general be excused until Easter.

§ Sir R. Peel
I wish to ask if the leave granted to Members who are at present abroad is to expire on their return to England, should they do so before the leave expires? The Act says, that every Member who shall have leave of absence shall be excused attending during such leave. I think that instead of Lord Francis Egerton having leave of absence granted to him until the 10th of May, it should only be granted until his return to England. Granting leave to Members for a specific time was holding out an inducement to them not to take their seats until the time 1100 expired. The period for which leave was granted should be always short; for, if necessary, it could be renewed.