§ 1. A proxy must be appointed by means of a proxy paper issued to the elector, or to some person on behalf of the elector by the registration officer of the constituency in which the elector is registered, on an application made or authorised by the elector in accordance with Regulations under this Act.
§ 2. After a proxy paper for any constituency has been issued to an elector, or to some person on behalf of the elector, 2322 in accordance with this Act, that elector shall, unless the proxy paper is cancelled in accordance with this Act,—
- (a) be entitled to vote by proxy in that constituency; and
- (b) be prohibited from voting otherwise than by proxy in that constituency;
§ 3. It shall be the duty of the registration officer, on any application for a proxy paper, to issue a proxy paper to the applicant, or to some person on his behalf, if he is satisfied that the applicant is registered on the Parliamentary register of electors for the constituency in respect of which the application is made, and is, at the time of the application, entitled to appoint a proxy.
§ 4. A proxy paper shall remain in force only so long as the Parliamentary register of electors which is in force at the time the proxy paper is issued, remains in force.
§ 5. A person shall not be appointed as proxy under this Act, unless the person appointed is the wife, husband, parent, brother, or sister of the elector, or is registered as a Parliamentary elector for the constituency or one of the constituencies in which the elector is registered.
§ 6. An elector shall not appoint more than one person as proxy to vote on his behalf.
§ 7. A person shall not vote as proxy on behalf of more than two absent voters at an election in any constituency unless that person is the parent, brother, or sister of the absent voters.
§ 9. If any person—
- (a) to whom or on whose behalf a proxy paper for any constituency has been issued under this Act, himself votes or attempts to vote at any Parliamentary election in that constituency otherwise than by means of the proxy paper, while the proxy paper is in force; or
- (b) votes or attempts to vote as proxy on behalf of more than two absent voters at an election in any constituency unless that person is the parent, brother, or sister of the absent voters; or
- (c) votes or attempts to vote at any election under the authority of a
2323 proxy paper when he knows or has reasonable grounds for supposing that the proxy paper has been cancelled, or that the elector to whom or on whose behalf the proxy paper has been issued is dead or no longer entitled to vote at that election;
§ Mr. DICKINSONI beg to move, at the beginning of paragraph 1, to insert the words "subject to the provisions hereinafter appearing with regard to proxies by naval and military voters during the present War."
In moving this Amendment I am giving an opportunity to the Home Secretary to tell us exactly what his proposals are with regard to the proxy vote. My reason for putting this Amendment down was in order that the soldier and the sailor should have the simplest and shortest method of getting the right to vote. My suggestion was that the commanding officer should issue a proxy paper to him, and that that should be signed in the presence of the officer and returned to this country and should be valid and last during the whole of the War. I understand that the Home Secretary will be able to tell us that his procedure is very nearly akin to that.
§ Sir G. CAVEI am very glad to have an opportunity of stating to the House what our proposals are with regard to the proxy vote. It was pointed out in Committee that the system suggested might involve considerable loss of time, and that under our scheme it might be that the soldier abroad would have to send or write home for a form of application for a proxy and that the proxy form might then be sent to him and that he would then have to send it back again, and in that way much time would be lost. It was also pointed out that by that procedure some soldiers would not get the proxy papers in time to exercise the vote. I did suggest a 2324 much simpler plan, and that is the one which we propose to adopt and which is now on the Paper. What we suggest is this, that the soldier should get his application form, and in most cases he would get it from the adjutant or in the regiment in some form or other. We do not want to prevent him getting it elsewhere. That is the only paper the soldier will get. He will fill it in with the name of the person whom he desires to appoint as proxy, and will sign it and send it to the registration officer. The registration officer will take note of it and will issue the proxy paper in those cases to the proxy, and there is an end of it. If a soldier is in this country he can send on the proxy to the registration officer.
§ Colonel SANDERSUnder that system, how will you guard against a dozen men filling in the same name—I mean a dozen men in different places filling in the name of the same person to exercise their right to vote and then being all disqualified because they have done that?
§ Sir G. CAVEThe voters must take care that they do not appoint the same person. Neither the system of my right hon. Friend nor that in the Bill no[...] mine would prevent that risk being incurred. If my hon. Friend has some scheme which would do so, I shall be glad to see it. As the matter will be left in the Schedule, there is considerable scope left for regulations, and arrangements will be made with the naval and military authorities. We hope to arrange with those authorities to take charge of forms of application, so that they may be ready at the request of the soldier or the sailor to give him his form of application. I do not wish, however, to accept a proposal that no one except the naval or military authority shall issue a form of application. I do not want to prevent a man getting it elsewhere—for instance, when he is at home—and sending it on himself.
§ Mr. DICKINSONWill he require a witness as to the signing?
§ Sir G. CAVEThat depends on the form which will be pr3scribed under our Regulations. It should, I think, be witnessed by some person who would know the person signing it, and I think the Regulation should so provide.
Mr. H. SAMUELI think the proposals of the right hon. Gentleman are a very considerable improvement on the previous 2325 plan, and I see no objection to them, subject to anything that may be said later in the course of this discussion. But they do not cover one point raised by my right hon. Friend (Mr. Dickinson). He proposed that the proxy of a soldier or a sailor once signed shall be valid during the course of the War and twelve months thereafter. That is not the same point we discussed before, when we were discussing whether the proxies should be for the duration of the War or longer. The proxy system, where it applies, is now to be permanent. My right hon. Friend suggests that during the War and for a period of twelve months afterwards, when a soldier or a sailor has signed his proxy, it shall be valid for that period, without being renewed every six months. That is the scheme at present in the Bill as it now stands. You have to communicate with the soldier, get him to sign an application for a proxy, and then a proxy paper is issued by the registration officer to the person who is to act as the soldier's proxy. If the war goes on, and another register comes into force at the end of six months you have again to send out the same notices, to the same soldiers, in Mesopotamia and elsewhere, and get them to make similar applications for proxies. That may be necessary in the future, after the War is over, and in the limited class of cases to which the system shall apply. I suggest to the Government that they should consider whether, in the special circumstances of the case, it is worth while troubling the military and naval authorities, and post office authorities, supposing the war lasts for another year, or more than a year, to send all those papers every six months to the whole of our armies and our fleet, in different parts of the world. My right hon. Friend suggests that the soldier should have the right to recall his proxy; but that if he does not do so it should remain valid for the time mentioned.
§ Sir G. CAVEI ought to have mentioned that point when I spoke last. I quite agree with what the right hon. Gentleman says, and when we come to the proper place in the Bill I am going to suggest the insertion of these words:
Provided that the proxy paper during the continuance of the present War or a period of twelve months thereafter shall remain in force until the termination of that period as long as the elector continues to be registered and the proxy paper is not cancelled.
§ Mr. DICKINSONI beg to ask leave to withdraw my Amendment.
§ Amendment, by leave, withdrawn.
§ Amendments made: In paragraph 1, after the word "elector" ["on behalf of the elector"], insert the words "or to the person appointed as proxy."—[Sir G. Cave.]
§ In paragraph 2, leave out the words "to an elector or to some person on behalf of the elector."
§ Leave out the word "that" ["that elector"], and insert the word "the."
§ In paragraph 3, after the word "behalf" ["some person on his behalf"], insert the words "or to the person appointed as proxy."—[Sir G. Cave.]
§ Mr. DICKINSONI beg to move, at the end of paragraph 4, to insert the words,
"Provided that the proxy paper during the continuance of the present War or a period of twelve months thereafter shall remain in force until the termination of that period as long as the elector continues to be registered and the proxy paper is not cancelled."
§ Mr. PETOI think there is one difficulty which has been overlooked in the drafting of this Amendment. Voters will become accustomed to the fact that the proxy paper when issued is given for twelve months, but after a certain period it is only to hold good for six months. Now, a sailor may start off on a long voyage under the impression that the proxy he has already given will cover the period of his absence, whereas the six months may expire before his return. It is also possible that many of our soldiers will be unable to return from abroad until long after the expiration of twelve months from the end of the War, and there will be a good deal of strain on the authorities in communicating with them as often as once in six months. I should like to hear from the Home Secretary whether he has any proposal for meeting these difficulties, especially so far as they affect sailors. In my opinion, in their case a twelve months' proxy would be very much preferable to one renewable every six months.
§ Sir G. CAVEI hare considered the case of the seamen. We can either by a Bill, I think, or by a line in the Expiring Laws Continuance Act continue this provision 2327 for seamen as well as soldiers, but I think we have gone far enough by enabling proxies to be given for the period of the War and twelve months after.
§ Amendment agreed to.
§ Further Amendment made: At the end of paragraph 5 insert the words, "Provided that the brother or sister shall not be capable of being appointed proxy unless of full age."—[Sir G. Gave.]
§ Sir G. CAVEI beg to move, in paragraph 7, after the word "is" ["unless that person is "], to insert the words "voting as the husband or wife or."
§ Mr. GULLANDI should like, with regard to this Amendment, to be told if the intention of the right hon. Gentleman is quite clear. I think the idea of the Amendment is that the person voting as proxy shall not vote on behalf of more than two absent voters unless he is related to the absent voter. But I make it out that he may vote for two absent voters in addition to those to whom he is related. As I understand it, the right hon. Gentleman, by this and the next Amendment, wishes to prevent that, but I do not think the words are clear upon the Paper, and it would perhaps be better to insert the words "husband, wife" before the word "parent," and after the word "sister" to insert the words "of each" ["of the absent voters"].
§ Sir G. CAVEWe will consider that at a later stage. I am a little afraid of the suggestion that a woman may be the wife of each of these absent voters.
§ Mr. GULLANDMay I take it that the right hon. Gentleman's intention is that a man shall not be a proxy for two voters in addition to those to whom he is related?
§ Sir G. CAVEYes.
§ Amendment agreed to.
§ Further Amendment made: Leave out the word "voters," and insert the word "voter."—[Sir G. Cave.]
§ Sir G. CAVEI beg to move, after paragraph 7, to insert,
8. A registration officer shall keep a list of absent voters entitled to vote by proxy in any constituency within his area and of the persons entitled to vote as proxy and that list shall be open to inspection during business 2328 hours at some convenient place named by the registration officer in the constituency.A registration officer shall, on the application of any person, allow that person to take extracts from or on payment of the prescribed fee supply to that person copies of the list."
§ Amendment agreed to.
§ Mr. PETOI beg to move, at the end of paragraph (9, a), to insert the words,
(b) collects, fills in or distributes or attempts to collect, fill in or distribute proxy papers on which the name of the person nominated as proxy by the absent voter has not been filled in or on which it has not been filled in by name in accordance with the absent voter's written instructions.I move this Amendment in the hope that the Home Secretary will be in a position to state if he can see his way to put into this part of the Schedule, which provides against certain things being done and makes them subject to the Corrupt and Illegal Practices (Prevention) Act, 1885, some words which will prevent what I may call trafficking in proxy papers. The hon. Member for Hexham (Mr. Holt) on the Committee stage pointed out what I think is the real danger of large quantities of proxy papers being collected at the port from which a ship starts on a long voyage without any names being filled in in those papers by the elector, they being, so to speak, blank voting papers. The hon. Member for Hexham said:I think the Committee ought also to bear in mind that merchant seamen are in some respects in a very different position from soldiers and sailors, and we should very likely find in practice, if merchant seamen were allowed to vote freely by proxy, that they would find it very difficult to get employment on board ship unless they had handed their proxies to the officials of their trade union."—[OFFICIAI REPORT, 25th October, 1917, col. 1089, Vol. XCVIII.]I do not wish to put the point quite so strongly as did the hon. Member for Hexham, but I do sympathise with what fell from the right hon. Gentleman the Member for Cleveland (Mr. Samuel) when he pointed out that the proxy vote is not a personal vote. The right hon. Gentleman spoke on one occasion of the creation of plural voters. I do not think this provision will do that, but I should like to get inserted some such words as I have suggested, in order to secure as far as possible that each proxy vote shall be the personal act of the voter. I do not want any room left for an intermediary 2329 —for any person, be he an election agent, a trade union official, or one occupying a public position—to take charge of what, after all, is the responsibility of the individual elector, and to be able to nominate other electors to take the place of the elector who ought to register his personal vote and would if he could do so, and who, even under the proxy system, is able to show his personal preference by filling in the name on the paper of some person in whom he has confidence that he will carry out his (the elector's) views. As to whether these words are too wide in some respects or not wide enough in others, I am not concerned. I do not pretend to be an expert draftsman, but in the latter part of my Amendment there is an omission. It should read, "filled in by the elector," and, later, instead of the words "the absent voter's written instructions," it should be "his written instruction." With these two small Amendments I do not think the words are bad, and unless the Home Secretary has thought out some better method of making it a corrupt practice to deal in these proxy papers, I suggest that the Amendment would help to make the giving of the vote, after all, more of a personal act. I hope, at any rate, the right hon. Gentleman will accept my words, subject to any Amendment he may deem necessary and which could be put in in another place. At any rate, I am satisfied that words or some kind are required to fill in the gap and to meet the view so frequently expressed that it is not desirable to leave this matter too loose or too open to possible abuse. I personally had been a very strong advocate for giving facilities to soldiers and sailors, and to the sailor in the mercantile marine to record their votes, and I should be very sorry if, after the experience of one or two elections, it should be found some abuses which might have been stopped by words such as these were to throw the whole system into disrepute, and even induce Parliament to withdraw the privilege. It is for these reasons I move the Amendment.
§ Mr. MALLALIEUI beg to second the Amendment.
§ 8.0 p.m.
§ Sir G. CAVEI have much sympathy with the hon. Gentleman opposite, but I am afraid this particular form of Amendment would be open to so many objections that it could not be accepted. It refers to any person who collects, fills in, or dis- 2330 tributes the proxy papers, but the proxy paper will simply go from the registration officer to the proxy. What is intended to be dealt with is the application form. The words also apply to a form to which there was no signature at all, and those forms it is not desirable to protect in this way. It is too vide in that respect. It would also impose the duty on someone to see whether the form is filled in in accordance with the voter's instructions.
§ Sir G. CAVEThat introduces a further complication. I am disposed to think that the matter can be dealt with under Clause 20, Sub-section (6), of the Bill, by virtue of which His Majesty may by Order in Council prescribe the forms to be used for the purposes of the Section and make Regulations for carrying the Section into effect. As at present advised, I think provision might be made under that Subsection requiring that the name of the proxy shall be filled in before the application form is signed, and that is the main point the hon. Gentleman desires to secure. We will further consider the point, and if it appears necessary that some provision should be made we will make suggestions in another place.
§ Mr. PETOIn asking leave to withdraw my Amendment, I should like to say that I do hope the Home Secretary will see the advisability of putting in some words in this particular part of the Bill connecting it with the Corrupt Practices Act, as a warning to those who might otherwise abuse this system of proxy voting.
§ Amendment, by leave, withdrawn.
§ Amendments made: In paragraph (9, b), after the word "is" ["that person is the parent"], insert the words "voting as the husband or wife or."
§ Leave out the words "voters" and insert instead thereof the word "voter."—[Sir G. Cave.]