HC Deb 29 April 1892 vol 3 cc1645-6
SIR WILFRID LAWSON (Cumberland, Cockermouth)

I beg to ask the President of the Local Government Board whether his attention has been called to the election for a County Councillor for Maryport North, in Cumberland, in which the two candidates having received an equality of votes, and the Returning Officer having declined to give his casting vote, the result is that the County Council Division in question is at present without a representative; and whether he can suggest the proper course to be taken, or, in the event of legislation being necessary, he can hold out any hope of the required legislation being promoted by the Government?

* THE PRESIDENT OF THE LOCAL GOVERNMENT BOARD (Mr. RITCHIE, Tower Hamlets, St. George's)

The facts are, I believe, as stated by the hon. Member. It appears to me that it is a matter of regret that the Returning Officer did not exercise the power conferred upon him by the Statute of giving a casting vote in the case of an equality of votes; but, under the circumstances, I apprehend that if it is desired that a further election should be held, the only course is to apply to the High Court for the issue of a mandamus for the purpose.

SIR WILFRID LAWSON

Will it not be possible to introduce legislation to make the meaning clear? I fancy a Bill with that object would not meet with any opposition.

* MR. RITCHIE

The provision regarding election is that of the Municipal Corporations Act, which was incorporated in the Local Government Act. The terms of the Municipal Corporations Act appear to raise a difficulty, and I think it is extremely desirable that some method should be found to rectify what is undoubtedly a serious omission, but I am afraid I cannot promise immediate legislation.

SIR TREVOR LAWRENCE (Surrey, Reigate)

I may remind the light hon. Gentleman that a similar case occurred at Reigate, Will the right hon. Gentleman say whose business it is to apply for a mandamus?

* MR. RITCHIE

Anyone in the locality who is interested in the matter can move the High Court for a mandamus.

SIR TREVOR LAWRENCE

Any voter?

* MR. RITCHIE

Yes.