HC Deb 27 March 1854 vol 131 cc1372-3

Order for Second Reading read.

MR. WALPOLE

said, he would suggest whether it might not be advisable to refer this Bill and the Bribery, &c., Bill, as well as the Bill of the hon. and learned Member for East Suffolk (Sir F. Kelly) on the same subject, to a Select Committee.

LORD JOHN RUSSELL

said, this was a subject in which the House took so much interest that he was afraid that the appointment of a Select Committee would not at all facilitate its discussion. He had, however, no objection to the hon. and learned Gentleman (Sir F. Kelly's) Bill being read a second time, but he did not think the Government would accede to the right hon. Gentleman's proposition for referring the three Bills to a Select Committee.

COLONEL SIBTHORP

said he had opposed every bribery Bill, but he was not in favour of bribery. He considered the introduction of these Bills a low, dirty, mean, and nasty proceeding. What he wanted was, to see the Treasury benches purified, where he believed the grossest bribery had been practised. These Bills would prevent a man from exercising the common rights of hospitality; and they were brought forward, he believed, in order to save the pockets of hon. Members who went down to contest boroughs without having any money.

MR. LIDDELL

said that he had intended to move a Resolution relating to the subject of this Bill on the Motion for the second reading, but having learnt from Mr. Speaker that it would be inconvenient for the House to entertain an abstract proposition on the second reading of the Bill, he would defer his Motion till the Bill was in Committee. The proposition he had on the paper was— That it be an instruction to the Committee on the Bill that they have power to make provision therein for the trial of all cases which have been submitted to the 'preliminary Committee' before a court of law. This Bill constituted a somewhat complicated machinery for the trial of controverted elections. To all the former part of the Bill, and the clauses relating to the examiners of election petitions, the recognisances to be entered into by petitioners and the admission of parties to defend, he had no objection; but he was opposed to the provisions for the appointment of ten assessors who were to be barristers of ten years' standing, and would receive a salary of 1,000l. each. The proposition to submit the evidence tendered to sustain allegations of corruption and bribery at elections to a preliminary Committee, analogous in its nature to a grand jury, who should decide whether the evidence was sufficient to justify the evidence being referred to a Select Committee for inquiry, was in his opinion a very wise and judicious arrangement. Nearly the whole of the remaining portion of the Bill relating to Election Committees would, of course, be omitted if the House should agree to the proposition of which he had given notice; and when it was considered how much dissatisfaction attended the decision of Election Committees, and how uncertain and conflicting they were, he was of opinion that the time had come for parting with what was called a privilege, but what really constituted a great burden on the House at the assembling of every Parliament. Questions of law and fact would be better tried before an ordinary court of law, and if that course were pursued greater satisfaction would be given and greater advantage gained to the public service. He would not, however, as he had said, make his proposition on the question of agreeing to the second reading.

Bill read 2°, and committed for Monday next.