HC Deb 22 February 1901 vol 89 cc872-3
MR. T. M. HEALY

I beg to ask the First Lord of the Treasury if it was upon the advice of His Majesty's Privy Council that His Majesty made and subscribed the Declaration affecting the Roman Catholic religion mentioned in the Bill of Rights as to be taken upon His Majesty's first coming into Parliament whether his attention has been called to the fact that the said Declaration is stated in the Bill of Rights to be the Declaration mentioned in the Statute of 30 Charles 2, intituled, "An Act for disabling Papists from sitting in either House of Parliament," and that so much of that Act as remained in force was wholly repealed by the Parliamentary Oaths Amendment Act, 1866; did His Majesty's Ministers tender any advice to His Majesty as to the effect of the Act of 1866 on the Declaration prescribed by the Bill of Rights; and will the Government include in the next Statute Law Revision Bill as spent or obsolete-that portion of the Bill of Rights relating to the repealed Declaration.

MR. A. J. BALFOUR

I am advised that the Act of 1866 referred to by the hon. and learned Gentleman has no-effect upon the Declaration made by His Majesty. The Bill of Rights requires that Declaration to be made. This enactment is still in force and cannot possibly be repealed, or rendered obsolete, by the Statute Law Revision Act. The obligation does not depend on the repeal of the Statute 30 Charles 2, Section 2, but on the Bill of Rights, which incorporates, by reference, the Declaration which is in that statute. The subsequent repeal is, I understand, quite immaterial.

MR. T. M. HEALY

As this is a matter of considerable gravity and doubt, will the right hon. Gentleman consent to refer the matter to a small Committee, as has been done in some other cases of doubt, and receive a Report as to whether it is not a fit matter to be dealt with by the Statute Law?

MR. A. J. BALFOUR

I am informed by my hon. and learned friend the Attorney General that there really can de no doubt of the legal validity of the action taken.

MR. T. M. HEALY

Will the right hon. Gentleman appoint a small Committee to consider that question? I waive the legal question as to whether this is not a fit matter to refer to the Statute Law Revision Committee.

MR. A. J. BALFOUR

I have before said that I am no admirer of the terms of the Declaration, which is the point raised by the hon. and learned Gentleman, who has made a suggestion the basis of which surely must be that there is some doubt as to the legal validity of the action taken. If there is no doubt, then there is surely no need for a Committee.

MR. T. M. HEALY

Then I beg to give notice that I shall oppose the passing of any further Statute Law Revision Bill until this matter has been dealt with.

MR. WILLIAM REDMOND

In view of the very strong feeling that exists, will the Government consider the advisability of introducing a short Act, which no doubt will unanimously pass, altering the Declaration?

MR. A. J. BALFOUR

I think I dealt with that question on a previous day.* *See page 320.