HC Deb 27 April 1948 vol 450 cc345-52
Mr. T. Fraser

I beg to move, in page 180, line 34, at the end, to insert:

"7 Geo. 2. c. 16. An Act for the better regulating the election of members to serve in the House of Commons for that Part of Great Britain called Scotland: and for incapacitating the Judges of the Court of Session, Court of Justiciary and Barons of the Court of Exchequer in Scotland to be elected or to sit or vote as Members of the House of Commons. Section eight.
32 Geo. 3. c. 63. The Scottish Episcopalians Relief Act, 1792. Section seven, and Section thirteen so far as relating to incapacity to vote."

This Amendment deletes two obsolete provisions of a former enactment.

Mr. McKie

I should be glad if the Joint Parliamentary Secretary would explain the reason for the repeal of Sections 7 and 13 of the Scottish Episcopalians Relief Act, 1792. As far as I can gather, these two Sections are obsolete, but it seems a little late, after 160 years, to repeal these Sections of a former Act. I am asking for a little more light to be given on this. I want to see that no in-

"60 Geo. 3 and I Geo. 4. c. II The Parliamentary Elections (Ireland) Act, 1820. The whole Act.
1 & 2 Geo. 4. c. 58. The Parliamentary Elections (Ireland) Act, 1821." The whole Act."

There is a list of amendments in my name which is associated with the Twelfth Schedule, in conjunction with which we made a very thorough search of Public General Acts in order to ascertain what archaic and obsolete provisions there were which might with advantage be included in this Section. The long list that follows is some indication of the results of our industry since the Bill was printed and I believe it covers the whole of these archaic and obsolete provisions of the law. I would, of course, be prepared to answer questions on any one of them if it was thought to be necessary, but I hope the Committee will take my word for it.

Mr. Butcher

The right hon. Gentleman has shown characteristic courtesy to the House in dealing with this matter and I think he has shown great capacity of explanation. I do not want to press him for further explanations, but I should like to test the offer he has made by referring him to the Amendment, in page 185, line 25, "after thirty-four," insert "except as respects the City of London." Can he tell us how the City of London would be affected in this matter? justice is done to a small but very gallant body of nonconformists in Scotland.

Mr. Fraser

These provisions are obsolete. These Sections in the Act of 1792 impose a disability to vote on ministers who fail to pray for the Royal Family. I think the hon. Member will agree that these provisions are obsolete.

Amendment agreed to.

Mr. Ede

I beg to move, in page 180, line 34, at the end to insert:

Mr. Ede

It is consequential on securing the application of Part III to the City of London. The effect is to continue in operation, as respects the City, Section 74 of the Municipal Corporations (Corrupt Practices) Act of 1884, as to the manner of reckoning the number of electors for the purpose of determining the amount of election expenses. I hope that explanation will satisfy the hon. Member.

Mr. Parker (Dagenham)

I welcome the activity of the Secretary of State in regard to these obsolete statutes and his proposal to repeal them so that we reach a position in which laws are drawn up with some regard to the welfare of the people. It would be a pity if between now and the Report stage, the Home Secretary did not also go into the question of the rules in regard to people who are to be candidates and have that sorted out at the same time. By that means we would get rid of some of the obsolete rules prohibiting people from becoming candidates. I do not want to make the same speech as I made on the Second Reading, but a certain number of anomalies remain which ban people from being candidates, and I hope the Home Secretary will undertake an overhaul of the law dealing with that point. It would not involve an enormous amount of work compared with that already done on this Bill, and I hope he will look into it.

Amendment agreed to.

"2 & 3 Will. 4. c. 65. The Representation of the people (Scotland) Act, 1832 Section thirty-one; in Section thirty-six the words 'to vote or' where those words first occur."

In page 181, line 30, column 3, leave out "Section one," and insert, "The whole Act."

In page 182, line 10, column 3, leave out "Section seven," and insert, "The whole Act."

In line 14, column 3, after first "Section," insert "Section thirty-seven."

In column 3, leave out lines 24 to 28 and insert: The whole Act, except Sections one, two, twenty-three, twenty-eight, twenty-nine and thirty-one to thirty-five and Schedules E and F.

In line 29, column 3, leave out "Section nine," and insert: The whole Act except Section thirteen.

In page 183, line 14, column 3, after "thirteen," insert, "Section fourteen."

In line 19, after first "Section," insert, "Section twenty-nine."

In line 46, column 3, leave out "Section eight," and insert, "The whole Act."

"50 & 51 Vict. c. 55. The Sheriffs Act, 1887. In Section thirty-one the words 'and of the laws relating to the election of members to serve in Parliament'"

In line 51, column 3, after "Section," insert, "five; Section."

In page 186, line 5, column 3, leave out from "meeting," to "Subsection," in line 8, and insert: Section twenty-two; Section twenty-five.

In line II, column 3, leave out from "Schedule," to end of line 15, and insert:

"62 & 63 Vict. c. 14. The London Government Act, 1899. In Subsection (1) of Section eleven the words 'list of voters and of'."

In line 26, column 3, after, "except," insert: Sections nineteen and forty-three in so far as. they re-enact regulation 16 of Section two

"10 & II Geo. 5. c. 26. The Sheriffs (Ireland) Act, 1920. In Subsection (1) of Section two the words '(includind his powers and duties as returning officer)'".

In line 49, at end, insert:

"12 & 13 Geo. 5. c. 31. The Universities (Scotland) Act, 1922. In Section two, the proviso.

Further Amendments made:

In page 180, column 3, leave out lines 35 to 38, and insert: The whole Act, except section seventy-four.

In line 43, at end, insert:

In line 52, column 3, leave out "Section," and insert, "Sections four and."

In page 184, line 8, column 3, leave out "and," and insert "Section eighty-one."

In line 8, column 3, at end, insert: and in Section one hundred and seventy the words 'on the ninth of November' in Subsection (1) and the words 'at the quarterly meeting of the council' in Subsection (2).

In page 185, line 14, column 3, after "meeting," insert, "Section eighteen."

In line 20, column 3, leave out "(8)," and insert, "(9)."

In line 25, column 3, after "thirty-four," insert: except as respects the City of London.

In line 36, column 3, leave out "Section sixteen," and insert, "The whole Act."

In line 42, at end insert: except so far as relates to Sections two and three of the Corrupt Practices Prevention Act, 1854, and Sections one and two of the Corrupt and Illegal Practices Prevention Act, 1883.

In line 18, column 3, at end, insert: and in Section five the words from 'of ballot boxes,' to 'elections and.'

In line 20, at end, insert: of the Universities Elections Amendment (Scotland) Act, 1881, and.

In line 39, at end, insert:

In page 187, line 28, column 3, after "seventy," insert: in Section seventy-nine the words from 'or if,' to 'the meeting.'

In line 33, column 3, leave out "Procedure," and insert "Proceeding."

In page 188, line 36, column 3, after "forty-six," insert "Subsection (2) of Section fifty;."

In page 189, line 35, column 3, after "elections," insert: in Subsection (5) of Section thirty-one the words from 'in Section thirteen,' to "1922,'the words' or an assistant returning officer,' and the words from and nothing,' onwards

In line 47, column 3, leave out "(2)." and insert "(3)."

"Act of the Irish Parliament
35 Geo. 3. c. 29 An Act for regulating the election of members to serve in Parliament, and for repealing the several Acts therein mentioned. The whole Act.
Order in Council.
S.R. & O., 1922. No. 1352. The Government of Ireland (Election Laws Adaptation) (Northern Ireland) Order, 1922. In Article 3, sub-paragraphs (a), (b) and (c) of paragraph (1) and paragraph (2)."
—[Mr. Ede.]

Schedule, as amended agreed to.

NEW SCHEDULE.—(Obsolete Enactments.)
Session and Chapter Title or Short Title Provision ceasing to have effect
7 & 8 Will. 3. c. 7. An Act to prevent false and double returns of members to serve in Parliament. The provisions as to procuring returns in Sections three and four.
32 Geo. 3. c. 63 The Scottish Episcopalians Relief Act, 1792. The provisions as to incapacity to vote at elections in Sections seven and thirteen.
60 Geo. 3 & 1 Geo. 4. c. 11. The Parliamentary Elections (Ireland) Act, 1820. The provisions as to the attendance of constables at the poll and the expenses of the election in Sections twenty-two and twenty-six.
1 & 2 Geo. 4. c. 58. The Parliamentary Elections (Ireland) Act, 1821. Section three (which relates to payments to the returning officer and other officers).
4 Geo. 4. e. 55 The Parliamentary Elections (Ireland) Act, 1823. The provisions as to the attendance of constables at the poll in Sections sixty-three and sixty-six and the provisions as to procuring returns in Section seventy-three.
16 & 17 Vict. c. 28. The County Elections (Scotland) Act, 1853. Section four (which relates to the provision of polling stations).
16 & 17 Vict. c. 68. The Parliamentary Elections Act, 1853. Section six (which relates to the provision of polling stations).
17 & 18 Vict, c. 102. The Corrupt Practices Prevention Act, 1854. Section eight (which relates to the employ ment of special constables on polling day).
30 & 31 Vict, c. 102. The Representation of the People Act, 1867. Section thirty-seven (which relates to the provision of polling stations) and Section forty-nine (which relates to the corrupt payment of rates by way of bribery).
31 & 32 Vict, c. 46. The Boundary Act, 1868. Sections eleven and twelve (which deal with the limits of coastal constituencies and the marking of boundaries).

In line 54, column 3, after "other." insert "rule 3."

In page 190, line 9, column 3, leave out "'those rules' onwards," and insert: 'these rules,' to the end of paragraph (i) of the sub-paragraph.

In line 3o, column 3, at beginning, insert: In Section sixty-one, in Subsection (1), paragraph (a).

In line 32,. column 3, after "(a)," insert: in Part II of the Second Schedule, column 3.

In line 33, column 3, leave out: sub-paragraph (2) of paragraph 2

In line 56, at end, add:

Session and Chapter Title or Short Title Provision ceasing to have effect
31 & 32 Vict. c. 49. The Representation of the People (Ireland) Act, 1868. Section eight (which disqualifies for voting electors employed by a candidate) and Section ten (which relates to the provision of polling stations).
35 & 36 Vict. C 33. The Ballot Act, 1872. Section fourteen (which relates to the use of municipal ballot boxes, &c, for parliamentary elections).
41 & 42 Vict. c. 26. The Parliamentary and Municipal Registration Act, 1878. Sections eleven and thirteen (which contain provisions as to furnishing and obtaining information).
48 & 49 Vict. c. 15. The Registration Act, 1885 Section sixteen (which contains provisions as to furnishing and obtaining information).
48 & 49 Vict. c. 17. The Parliamentary Registration (Ireland) Act, 1885. Section sixteen (which provides for information of deaths to be furnished to the registration officer).
54 & 55 Vict. c. 49. The Returning Officers (Scotland) Act, 1891. The provisions in Section five as to the use at parliamentary elections of ballot boxes, fittings and compartments provided for other elections.
Act of the Irish Parliament
35 Geo. 3. c. 29 An Act for regulating the election of members to serve in Parliament, and for repealing the several Acts therein mentioned. The provisions as to procuring returns in Section fourteen, and those of Sections nineteen and twenty-three (which relate to treating and other matters dealt with by the parliamentary corrupt practices Act).
—[Mr. Ede.]

Brought up, and read the First time.

Mr. Ede

I beg to move, "That the Schedule be read a Second time."

This new Schedule deals with matters which are actually contained somewhere or other in the body of the Bill. This new Schedule of obsolete enactments is to tidy up the law, and will involve the repeal of certain laws relating to elections which are, in fact, no longer operative, but for some reason or another have never previously attracted the attention of the draftsman and have been left on the Statute Book. They are of no effect, but possibly on occasions they hinder the work of students of the law who are anxious to ascertain their exact position.

Schedule read a Second time, and added to the Bill.

Mi. Ivor Thomas (Keighley) rose—

The Chairman

Is it a point of Order?

Thomas

I was hoping it was a point of substance on the new Schedule.

The Chairman

I have collected the voices on the new Schedule.

Mr. Thomas

I did not catch your eye at the time, Major Milner, but I was not clear as to the position. I should like to say that there are a certain number of other obsolete enactments to which I ought to draw the attention of the Home Secretary. For example—

The Chairman

I am sorry, but we have approved the new Schedule. Perhaps the hon. Member would communicate any points he has in mind to the Home Secretary.

Bill reported, with Amendments; as amended, to be considered upon Monday next; and to be printed. [Bill 76.]