HC Deb 26 April 1955 vol 540 cc753-5
43. Mr. Spence

asked the Secretary of State for Scotland whether he will introduce legislation to amend Section 9 of the Representation of the People Act. 1948, so as to enable him, by regulation, to prescribe a list of conferences, attendance at which would entitle the individual elector to a postal vote.

Mr. J. N. Browne

My right hon. Friend regrets that such legislation cannot be contemplated at present.

Mr. Spence

Has consideration been given to the laying of orders under Section 67 of this Act, and could not anything have been done in that way?

Mr. Browne

It is not Section 67 of the 1948 Act to which my hon. Friend refers, but Section 42 of the 1949 Act. My right hon. Friend is advised that the power conferred by the Section to make regulations, about … matters incidental to the provisions of this Act so far as those provisions relate to … voting by post … could not extend to making regulations to modify the qualifications for absent voters laid down in the Act itself.

Mr. Woodburn

Was the Secretary of State consulted as to the suitability of this date for the Election, when the General Assembly of the Church of Scotland is being held? Could not some consideration have been given to the normal activities of the people of this country when the Government announced the date of the Election?

Mr. Browne

That is another question.

Mr. Emrys Hughes

Is the Under-Secretary of State aware that the Government, in ignoring the General Assembly, are once more carrying out their traditional policy of putting Mammon before God?

Mr. Browne

I think it will be helpful if I put this matter quite right. The decision on a claim to vote as an absent voter rests with the electoral registration officer, subject to the right of appeal to the sheriff, and from the sheriff to a tribunal of three judges of the Court of Session. It is not a matter for my right hon. Friend but for the judicial machinery provided in the Statute.

Mr. Spence

But is my hon. Friend aware that certain electoral officers have already stated their intention of refusing this vote, and that they are thereby influencing the decisions of others?

Mr. Browne

I am afraid that that is not a matter for my right hon. Friend.

Mr. Spence

In view of the very great importance of this matter, may I give you notice, Mr. Speaker, of my intention to ask your permission to raise this on the Adjournment next Tuesday?