HC Deb 18 May 1903 vol 122 cc928-9
MR. WHITTAKER (Yorkshire, W. R., Spen Valley)

I beg to ask Mr. Attorney-General whether he is aware that at the meeting of the Justices of the Peace for the City of Manchester for the appointment of the Licensing Committee for this year six Justices who were either brewers or shareholders in breweries engaged in the sale of intoxicating liquors in Manchester voted in the election of the Licensing Committee after being formally warned by the Lord Mayor and the clerk to the Justices that Justices in their position rendered themselves liable to penalties if they voted; and, if so, will he say whether he has authorised a prosecution in this case; and, if not, what action he has taken, or proposes to take, to prevent the repetition of such proceedings in Manchester.

THE ATTORNEY-GENERAL (Sir ROBERT FINLAY,) Inverness Burghs

My attention has been called to the occurrence to which the Question relates. It was decided in the Attorney-General v. Willett that a Justice interested in a brewery is not entitled to vote on the appointment of a Licensing Committee. That case is not reported in the authorised Reports and does not appear to be so widely known as it should be. By my directions the Treasury Solicitor communicated with the six gentlemen referred to in the Question. One of them denied that he had voted; another stated that under the circumstances which he explained he had not been aware that he or his firm had the shares in question. From the letters of the other four it appeared that there had been some discussion on the question of the right to vote, and that they had acted without, realising that the law was as decided in the Attorney-General v. Willett. The Treasury Solicitor has called their attention to that decision and to the necessity of conforming to it, and I am satisfied that in future no breach of the law in this respect will be committed by them. Under these circumstances I have not thought it necessary to direct proceedings to be taken for the recovery of penalties.

MR. WHITTAKER

Has an assurance been given that they will not break the law again?

SIR ROBERT FINLAY

From one gentleman who seemed inclined to dispute the law, I have required an express assurance, two others voluntarily gave an assurance, and from the letters sent by two others I think there is no doubt that in future the law will be conformed with.