Clause 12.—(AMENDMENT OF PARLIAMENTARY ELECTIONS RULES.) (Hansard, 26 February 1957)

§ Mr. Simon
I beg to move, in page 8, line 3, to leave out from the first "the" to "addition" in line 5.
This Amendment and the following Amendment are matters of drafting. Clause 12 inserts a new paragraph into Rule 9 of the Parliamentary Elections Rules which are embodied in the Second Schedule to the Representation of the People Act, 1949. There is no need to provide, as the Clause does as it stands, for the numbering of the paragraphs of the Rule. That will be done automatically by the printer when the 1949 Act is reprinted in other words, in any new edition of the revised Statute.

§ Mr. Ede
When the Select Committee was dealing with this matter I was anxious that at the time of nomination, or just before, the candidate should have his attention specifically directed to those offices which disqualify. We did not manage to get that provision into the Bill, but without exception every member of the Committee was anxious that that should be done. I do not know whether the Government have considered what steps they will take to put that into practical operation.
It will be quite simple in future, if the candidate peruses the list, to know whether he is disqualified. In the cases which have arisen in the last three Parliaments, hon. Members have been returned to the House and have then discovered to their surprise, and frequently to the surprise of other hon. Members, that they have in fact been disqualified. I was hoping that it might be possible to arrange that the returning officer—the mayor in a borough, or the deputy acting returning officer in a county—should be able to hand to the candidate, or to the person applying for nomination papers on his behalf, a copy of the Schedule setting out the disqualifications and then ask him whether he had read it. I will not go beyond that.
Quite clearly we cannot leave the decision about the validity of a nomination paper or the qualification of the candidate to a returning officer, because in places where feelings run high, that might lead to some amazing results. I am sure that in its deliberations the Select Committee was anxious to reach a position whereby at the moment of nomination a candidate should be in a position to know whether, if returned, he would be eligible to serve. I imagine that it will make a considerable difference to the attitude of the House towards people who are found to be disqualified whether their attention has been specifically directed to the list of disqualifications or not. This is a matter which falls to be dealt with administratively, and I should like to 1089 know whether the Government have yet reached any decision about how they will give practical effect to the decision of the Select Committee.

§ The Attorney-General
Obviously, if at great labour we produce a list of offices which disqualify, it is essential to take all possible steps to make those lists available to those who are concerned. In substance, that is the effect of the Clause. I do not think that in a Statute, or in election rules, one can go further than this provision, which will mean that the consent given by the candidate acknowledges that he is aware of these provisions of the Bill. If he once says that he is aware of them, I cannot imagine that any of us would have too much sympathy with him if he went wrong. However, it is obviously desirable—and I imagine that it can be dealt with administratively—that there should be available at offices where nomination papers are handed in up-to-date copies of the list of the disqualifications. I will certainly speak to my right hon. Friend the Home Secretary about that.
I go a little further than did the right hon. Member for South Shields (Mr. Ede) in saying that it would probably be desirable for the lists to be available so that those thinking of becoming candidates can see the lists before they get as far as nomination. I imagine that this will, to a large extent, be covered by the activities of the respective parties, who will bring to the notice of all candidates belonging to political parties the contents of the lists. However, those who call themselves independent, or who use another label, will obviously find it desirable that the lists should be available, and I will certainly have a word with my right hon. Friend about it. It is clearly the intention to make sure that the provisions of the Bill are brought to the notice of the candidate, because he now has to sign a consent which contains a statement to that effect.