HC Deb 14 November 1933 vol 281 cc818-21

6.55 p.m.

Sir G. HURST

I beg to move, in page 190, line 45, to leave out the words "fill up," and to insert instead thereof the words "prepare for signature."

Paragraph (5) provides that in certain circumstances the proper officer shall provide nomination papers to any local government elector and shall at his request fill up the nomination paper. The words "fill up" are misleading as they might suggest that the proper officer may fill up the whole of it, but it is not intended that he should sign the nomination.

Mr. HACKING

The words "fill up" have been part of the Statute for 50 years, but in view of the pressure that my hon. and learned Friend brings to bear on the Government, we are prepared to accept the Amendment.

Amendment agreed to.

Mr. HACKING

I beg to move, in page 191, line 9, after the word "writing," to insert the words "on, or".

This makes it clear that the consent to nomination may be given on the day of delivery of the nomination paper in addition to any period within the previous month.

Amendment agreed to.

Mr. WISE

I beg to move, in page 191, line 12, at the end, to insert the words: Provided that in the case of an election to fill a casual vacancy if the returning officer, in the case of an election of a county councillor, or the mayor, in the case of an election of a councillor of a borough, is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as aforesaid a telegram consenting to his nomination and purporting to have been sent by him shall be deemed, for the purpose of this paragraph, to be consent in writing given by him on the day on which it purports to have been sent and attestation of his consent shall not be required. The object of the Amendment is clear, and I believe the Government have intimated their willingness to accept it. It merely provides that when a casual vacancy arises a telegram instead of a letter shall be considered evidence of acceptance.

Mr. HACKING

We are prepared to accept the Amendment.

Amendment agreed to.

Further Amendment made: In page 192, line 14, leave out the second word "of."—(Mr. Hacking.)

Mr. WISE

I beg to move, in page 192, line 24, to leave out from the beginning to the end of line 36, and to insert instead thereof the words: 8. A candidate who is validly nominated for more than one electoral division of a county or for more than one ward of a borough shall, by notice signed, attested, and delivered as aforesaid, withdraw from his candidature in all those electoral divisions or wards, as the case may be, except one, and if he does not so withdraw he shall be deemed to have withdrawn from his candidature in all those electoral divisions or wards, as the case may be. The object of this Amendment is to give the discretion to the candidate in choosing which of the wards of the borough he shall stand for if he is nominated for more than one ward.

Mr. HACKING

This merely places the responsibility on the candidate, and the Government accepts the Amendment.

Amendment agreed to.

The following Amendments stood upon the Order Paper:—

In page 194, line 21, column 2, to leave out the word "twentieth," and to insert

instead thereof the word "twelfth."

In line 25, column 2, to leave out the word "twelfth,' and to insert instead thereof the word "eighth."

In line 29, column 2, to leave out the word "eleventh," and to insert instead

thereof the word "seventh."

In line 33, column 2, to leave out "5," and to insert instead thereof "2."

In line 34, column 2, to leave out the word "ninth," and to insert instead thereof the word "sixth."—[Mr. M. Beaumont.]

7.0 p.m.

Mr. WISE

I beg to move, in page 194, line 21, column 2, to leave out the word "twentieth," and to insert instead thereof the word "twelfth."

These Amendments, standing in the name of the hon. Member for Aylesbury (Mr. M. Beaumont), are all reductions of the period of time between either the notice of election or the delivery of nomination papers and the day of the election. In each case the principle behind the reduction is to save expense and the prolongation of election contests, and so make it more simple for suitable candidates to contest county council elections. In fact, all that the Amendments do is to bring the time in each case to the same level as in the case of borough council elections.

Mr. HACKING

All these Amendments are certainly contentious. I do not know whether the House will desire in these circumstances that I should argue them, or whether I should merely say that the Government cannot accept any of them.

Mr. WISE

In that case, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Motion made, and Question proposed, "That this Schedule, as amended, be the Second Schedule to the Bill."

7.2 p.m.

Mr. GROVES

I just wish to raise one point. On page 195, line 33, appear the words: 3. The poll shall commence at eight o'clock in the morning and be kept open till eight o'clock in the afternoon of the same day and no longer. I should like the right hon. Gentleman to make it clear, because of misunderstandings that have occurred in many areas and at many elections, whether prospective voters who have actually entered the polling-booth but have not yet voted at the moment the clock strikes eight o'clock, have lost their opportunity of voting, or whether when they have received their voting papers they are according to law entitled to vote. The view has been held, at least in my area, that once the clock strikes eight the ballot boxes themselves must be seized and, whatever the number of voters in the polling booth may be, that they must go outside without being allowed to vote. This being a consolidating Act it should be easier for the Government to make the necessary alteration so that, once people are inside the polling booth, they may vote. Surely the number could not be more than 50 even at the largest polling station. I ask that they should not be turned out without their papers being handed to the returning officer.

7.4 p.m.

Mr. HACKING

As the hon. Member rightly says that this question would only affect a small number of people. The presiding officer has the power to allow only a certain number of people in the polling booth at the same time. This provision is only a re-enactment of the existing law. It is hard to say how the presiding officer would interpret this portion of the law, but it must really be left in his hands. He is the person who decides whether the clock has struck eight or not; he is the person who has the responsibility of stating whether or not it is eight o'clock. In practice, there is very little doubt that electors would be allowed to vote when once they were inside the polling booth. Although I cannot foretell the interpretation of the law which will be made by the presiding officer, that would be the effect in practice. I hope the hon. Member will be content with that assurance.

Mr. GROVES

I am very grateful to the right hon. Gentleman. I should like to put the further point: Is there anything to prevent the presiding officer saying that he will accept a paper after the clock has struck?

Mr. HACKING

It is in his discretion. If he says that the clock has struck eight, it has struck; if he says it has not, it has not.

Schedules Three to Six agreed to.