§ MR. DILLON (Mayo, E.)rose to submit a question of privilege and to move 104 that Lord Atkinson had, by voting at the recent election in the St. Stephen's Green Division of Dublin, been guilty of a breach of the privileges of the House. The case he said, was a peculiarly aggravated one Lord Atkinson had been for fifteen years a Member of the House of Commons, and, as a Law Officer of the late Government, had again and again voted for this sessional order. It could not, therefore, be said that he acted in ignorance when, having been made a Law Lord, he presented himself at the polling booth at the last election and—voted for the Conservative candidate he supposed. He based that supposition upon his knowledge of Lord Atkinson's record. The case was further aggravated by the fact that Lord Atkinson was not merely a peer; he had been appointed a Law Lord and he ought to have known enough of the spirit of the profession to which he belonged to be aware that it was peculiarly improper for him to vote in the election of a Member of Parliament. A case came before the Law Courts in 1858 as to the rights of peers to take part in elections, and Lord Campbell laid it down that a peer under the common law of England had no right to vote in the election of a Member of the House of Commons. Again when the late Lord Salisbury and another peer appealed against their names being struck off the register of voters, their appeal was dismissed on the same ground, yet in face of these decisions, which must have been within his knowledge, Lord Atkinson went into a polling booth at Dublin and presumably recorded his vote.
§ Motion made, and Question proposed. "That Lord Atkinson, a Peer of Parliament, has, by his action in voting at the recent Election in the St. Stephen's Green Division of the City of Dublin, been guilty of a breach of the Privileges of this House."—(Mr. Dillon).
§ Mr. SPEAKER stated that he had received a letter from Lord Atkinson, which he read to the House, as follows—
§ 19th February, 1906,
§ "Dear Mr. Speaker,
§ "From what I have seen in the newspaper I think it possible that some 105 question may be raised as to my having voted at the last Election for the St. Stephen's Green Division of the City of Dublin. At the time I voted I did not think that any question could be raised as to my right to exercise the franchise, since my Patent had not then been delivered to me, nor had I received any summons to the House of Lords. Since my attention has, however, been called to the matter, I think I may have offended against the spirit of the Resolution of the House of Commons if not the letter. I therefore regret having voted, and beg through you to apologise to the House if I have unwillingly in any way invaded its privileges.
§ "Believe me,
§ "Yours sincerely,
§ "ATKINSON."
§ MR. DILLONsaid that in view of that apology from Lord Atkinson he would not put the House to the trouble of a division, but in asking leave to withdraw his Motion he desired to say that in his judgment Lord Atkinson offended not only against the spirit but also against the letter of the Order.
§ Motion, by leave, withdrawn.