§ MR. HARRINGTON (Dublin, Harbour)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that, at the Poor Law Election in March last for the Ahascragh Division of the Union of Ballinasloe, the voting for the two candidates was even; that one of the candidates, Mr. Andrew Manning, called for a sworn inquiry, and undertook to prove that two of the voting papers signed for the other candidate had been forged; and whether the Local Government Board refused the inquiry; and, if so, upon what grounds?
MR. J. MORLEYI am informed that the facts are as stated in the first paragraph. Under Section 23 of the 6th & 7th Vict., c. 92, the Local Government Board are empowered in any case in which the right of a person to act as elected Guardian is questioned to inquire into the circumstances, and should the Board be of opinion that a person has been wrongly returned by the Returning Officer the Board issue an order setting aside the Return and a further order for a new election. It will thus be seen that it is only where a person has been actually returned as Guardian that the necessity for taking action under the section arises, and if the Return is shown to be wrong the Board can only take steps for a fresh election. In the present case, no person has been returned as Guardian by the Returning Officer for the reason stated in the question, and a new election must take place without any action on the part of the Board. Even if an inquiry were held and the objections, of Mr. Manning substantiated, the result would be the same; that is to say, a new election would be necessary.