§ 6.30 p.m.
§ Mr. SharplesI beg to move Amendment No. 14, in page 12, line 26 at end insert:
(ii) a person for whom no fresh nomination is required shall be permitted to incur additional election expenses not exceeding one-third of the maximum to which he was entitled under section 8 of this Act.This Amendment has become necessary because a period of 28 days has now been placed between the death of a candidate and the writ for the new election.The present Statute provides that, in the case of the death of a candidate, the poll is countermanded and a fresh election takes place immediately. Surviving candidates remain nominated and case law has established that any election expenses incurred up to the time of death of a candidate continue to count as election expenses. Therefore, newly nominated candidates can spend up to the limit and surviving candidates may have little left to spend without exceeding the legal maximum.
This will be nonsense now that the period of 28 days has been placed between the two elections, because surviving candidates will be bound to cease all activity 1450 during that period and it will be essential for them to be able to rekindle the interest of the electors in their candidature.
This Amendment is a sensible proposition and I hope that the Government will respond as sympathetically to it as they have to other Amendments we have moved in line with this.
§ Mr. Merlyn ReesI agree that this is a difficult situation that we should consider. If the candidates who stand again at the second poll are allowed to spend a second lot of election expenses, they will have an advantage over the new candidate. On the other hand, if they have spent to the limit on the first poll and are not allowed to incur any more expenses at the second, they will be at a disadvantage. My right hon. Friend would like to look at this point. It is one we should do something about but the question is—what? Perhaps the hon. Gentleman will withdraw the Amendment which will give us an opportunity to deal with the matter in another place.
§ Mr. SharplesIn view of that undertaking, I beg to ask leave to withdraw the Amendment.
§ Amendment, by leave, withdrawn.