HC Deb 29 November 1928 vol 223 cc577-8
23. Lieut.-Commander KENWORTHY

asked the Home Secretary whether he has received a letter from Mr. Ernest Robinson, of 190, Anlaby Road, Hull, acting as agent for one of the nominated candidates at an election for the Hull Board of Guardians in the Whitefriar Ward of the Municipal Borough of Hull to fill a casual vacancy, drawing his attention to the instructions of the returning officer, the clerk to the Hull Board of Guardians, to the effect that candidates marked in the register with a certain mark will be allowed to vote, although in the front of the register it states that persons against whose name that mark appears are not entitled to vote in respect of that entry at elections for local government purposes; if he is aware that the mark in question was placed there by the registration officer of the city, the town clerk, and that this constitutes an attempt by another official to over-ride the registration officer's decision; and what action he is taking in the matter?

Sir W. JOYNSON-HICKS

The answer to the first part of the question is in the affirmative. As to the latter part, I may say that the note on the front of the register with regard to the mark in question does not appear to be in accordance with the provisions of the Statutory Order which regulates the preparation of the register. A question arises in consequence as to how in the circumstances the note should be interpreted, and this is one which I have no authority to determine, and which in the last resort can only be determined by the Courts. I will communicate with the registration officer with a view to avoiding the difficulty in future.

Lieut. - Commander KENWORTHY

Does this mean that the only remedy is an action at law?

Sir W. OYNSON-HICKS

I will communicate with the hon. and gallant Gentleman on the matter, but, as the register is now in existence, I am afraid that the only legal remedy would be an action at law or something in the nature of a petition.

Lieut. - Commander KENWORTHY

But is the right hon. Gentleman aware that the election takes place on Monday, and can he take any action before that to avoid this confusion which exists?

Sir W. JOYNSON-HICKS

I am very sorry, but I am afraid it is impossible, in the time at my disposal, to do anything of the kind; all I can do is to ensure, by communicating with the registration officer, that it does not occur again.

Lieut. - Commander KENWORTHY

Would the right hon. Gentleman be good enough to send me his final decision on the matter?

Sir W. JOYNSON-HICKS

Certainly.

Forward to