HC Deb 03 April 1950 vol 473 cc927-9

Motion made, and Question proposed, That a Select Committee be appointed to consider and report whether the election of the Reverend James Godfrey MacManaway to this Parliament as Member for Belfast, West, is void by reason of the provisions of the House of Commons (Clergy Disqualification) Act, 1801."—[Mr. H. Morrison.]

6.45 p.m.

Professor Savory (Antrim, South)

I should like to express my gratitude to the Lord President of the Council and to the Government for putting down this Motion. I should like to repeat what I have already said in the House, that the hon. Member for Belfast, West (Rev. J. G. MacManaway) took the highest legal advice before standing as a Unionist candidate, but that on arrival here, when told that a common informer could obtain a reward of £500 for every day that he voted in the House, he thought it more prudent to have the matter cleared up. I feel sure that this is the best method which could be adopted, and I thank the Government for having put down the Motion.

6.46 p.m.

Mr. Bing (Hornchurch)

I have been drawn to my feet by the intervention of the hon. Member for Antrim, South (Professor Savory). As this may have been due to something I said in the House or in an article in "The Times," perhaps I ought to make this explanation. I raised this question of the possible disqualification of this hon. Member on 12th July, when one's thoughts were naturally turned to Northern Ireland. As we were dealing with a Bill concerning disqualifications, I pointed out that a candidate who might be disqualified had been adopted in Northern Ireland, and that Members opposite might wish to insert a Clause to do away with any possible disqualification. If there has been any misunderstanding on this matter, I am afraid it has been due to the failure of Members opposite to take any action when the opportunity was offered to them.

I do not think anyone desires to keep an elected Member away from the House for longer than is necessary. Certainly, when the parties are evenly balanced that is most undesirable, and there should be no delay in seeing that there is proper representation for that part of Ireland. I know that the Select Committee procedure is the suggestion of Members opposite, but I doubt whether it is the most expeditious way to deal with the matter. It may be that this is an issue of law, which is not very suitable to be dealt with by a Select Committee. As Members opposite desire to have a Select Committee, it is their responsibility if there is any delay in the matter. For instance, in the event of it being impossible for the Select Committee to decide the matter, the Select Committee may follow the course set in 1913 and report the matter to the Privy Council. That means that the matter is not in the hands of the House of Commons.

I cannot help saying that I think the Opposition might well have been better advised, particularly as the hon. Member concerned had such excellent advice at his disposal, that if he had taken his seat in the first place then the matter could have been dealt with then and there. We should have been in the position either of giving the electors of West Belfast the opportunity of choosing someone in his place, or of establishing that the hon. Member was entitled to take his seat.

6.51 p.m.

Sir Ronald Ross (Londonderry)

I am sure that the hon. Member for Belfast, West (Rev. J. G. MacManaway) would certainly have taken up the suggestion of the hon. Member for Hornchurch (Mr. Bing) on condition that the hon. Member for Hornchurch paid the £500 a day if the action by a common informer had succeeded. I do not think any hon. Member would take his seat under those circumstances and be faced with the possibility of a fine of £500 a day. As regards the general proposition whether we were well advised, the hon. Member for Hornchurch has stated that we were very unwise not to have paid attention to what he said, but the last time that he spoke on this matter he was deprecating his own efforts as being those of a humble back bencher. Why then should we do anything at all about what he said?

I have no doubt whatever that the question of whether an Act passed several years before the battle of Trafalgar should keep someone from taking his seat in this House, who has been sent here by the electors of a constituency, is a suitable subject to be referred to the Select Committee, and I am glad that the Government have brought in this Motion. Whatever has been said about expedition is something with which I agree, and the Government have already shown their desire to fill places that have become vacant in this House. I am sure they will assist to clear up this matter speedily.

6.53 p.m.

The Lord President of the Council (Mr. Herbert Morrison)

I formally moved this Motion, and I had anticipated that it would go through in that way. However, that did not happen. I should be very much obliged if the House would pass it before Seven o'Clock, because the points that have been raised will be among the matters into which the Committee will have to look. Therefore, the sooner we set up the Committee and let it proceed with its work the better it will be.

Question put, and agreed to.

Select Committee appointed to consider and report whether the election of the Reverend James Godfrey MacManaway to this Parliament as Member for Belfast, West, is void by reason of the provisions of the House of Commons (Clergy Disqualification) Act, 1801.

Mr. Bellenger, Mr. Cocks, Mr. Donovan, Mr. Foster, Mr. Hopkin Morris, Mr. Mott-Radclyffe, Mr. Oliver, Sir Patrick Spens, Mr. Ernest Thurtle and Captain Waterhouse to be members of the Committee:

Committee to have power to send for persons, papers and records:

Three to be the quorum—[Mr. H. Morrison.]