§ Mr. BowlesOn a point of order. I should like to ask for your ruling, Mr. Speaker. Sir David Gammans, the Member for Hornsey, died on 8th February this year, and nearly three months have elapsed without the Government's having moved the issue of a Writ to fill the vacancy. It is clear from the Press, I think, that Sir David's widow has been adopted as the prospective Conservative Parliamentary candidate. We know that at about that time the Government had a bad time in by-elections. [HON. MEMBERS: "Oh".] Oh, yes. [HON. MEMBERS: "Order"]. This is a point of order.
We know that the Government had a bad time in by-elections at about that time, and no doubt the delay in issuing the Writ had something to do with lulling their supporters. I would ask you this question, Mr. Speaker. [HON. MEMBERS: "Oh."] I dare say that hon. Members opposite do not like this. Will you, Mr. Speaker, allow a constituency to be disfranchised for a quarter of a year to lull Government supporters, or do you propose to issue your Warrant?
I would draw your attention, Sir, to the fourteenth edition of Erskine May, which says:
When vacancies occur by death, by elevation to the peerage, or by the acceptance of office, the law provides for the issue of writs during a recess, due to a prorogation or adjournment, without the immediate authority of the House, in order that a representative may be chosen without loss of time, by the place which is deprived of its Member.I ask whether you will issue your Warrant after the House adjourns tonight, during the adjournment of the House between now and tomorrow afternoon.
§ Mr. SpeakerI have never considered it to be within my powers to issue a Writ off my own motion while the House is sitting, and in that period I include the interval at night when we are not sitting between two sitting days. It has always been my idea that the House instructs me to issue my Warrant to the Clerk of the Crown by passing a Resolution to that effect, and I do not think that I can assist the hon. Member in 987 the matter. In answer to his last question, I do not propose to issue any Warrant in the small hours of tonight or tomorrow morning.
§ Mr. BowlesThis is only the fourteenth edition of Erskine May. What does the expression "during the adjournment" mean? It distinguishes it from the Prorogation and from the Recess. Perhaps you will give us your advice, Mr. Speaker. I have relatives living in Hornsey who are anxious to change their minds and vote against the Government. If, Mr. Speaker, you cannot see your way to give a Ruling in my favour tomorrow afternoon, and the Government do not do anything before the Whitsuntide Recess, will you give an undertaking that you will issue your Warrant during the Whitsuntide Recess?
§ Mr. SpeakerThe hon. Member has asked me a question which is purely hypothetical and to which, therefore, I must decline to give an answer. The ordinary meaning of "adjournment" and of "recess" respectively in the passage from Erskine May which the hon. Member has quoted is that "adjournment" means an Adjournment like the long Summer Adjournment.
§ Mr. BowlesThat is the Recess.
§ Mr. SpeakerOr perhaps the Adjournment at Christmas, or at Easter in certain circumstances, and "recess" means the interval between two Sessions of Parliament when the House has been prorogued.
§ Mr. BowlesThat is the Prorogation.
§ Mr. SpeakerMr. Butler— the Business Motion.