MR ASHTON DILKEasked Mr. Attorney General, Whether his attention has been called to the fact that Lord Rayleigh, a Peer of the Realm, has voted for the election of a Member of Parliament for the University of Cambridge; and, whether this does not constitute a "high infringement of the liberties and privileges" of this House? He added that he had since received information that another Peer had voted.
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)Sir, I thought it was perfectly well known and understood that no Peer, either temporal or spiritual, and no Irish Peer, unless a Member of this House, can vote for an election of a Member. It has so been stated more than once in the House of Lords, and was so judicially determined in a case heard eight or ten years ago, when Lord Beauchamp endeavoured to assert his right to vote by having his name put on the register. The question came before the Court of Common Pleas on appeal, and after full discussion, it was determined that by the Common Law no Peer is entitled to vote; and I know of nothing that exempts the elections for the Universities from this general rule of law. My hon. Friend asks me whether the fact of Lord Rayleigh having voted does not constitute a high infringement of the liberties and privileges of this House? Of course, that is the language of the Resolution, but it has not the effect of law; and I should think the better course will be to assume that Lord Rayleigh was advised that he was acting within his right when he tendered his vote, and had no intention to interfere with the liberties of this House.
§ MR. J. LOWTHERWill the hon. and learned Gentleman state whether, if a Peer tenders his vote, the presiding officer should receive it, and trust to the action of a scrutiny to remove it or reject it?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES)Without referring to a University election, I should say that if a Peer's name were on the register—which it ought not to be—the duty of the presiding officer would be to receive 13 the vote, which, however, would be a nullity and could be struck off on a scrutiny.