BURGH POLICE (SCOTLAND) BILL. (Hansard, 23 June 1892)

§ *LORD WATSON

My Lords, I have an Amendment to move on Clause 62. I propose that your Lordships should delete the words in line 22, "nor as an election agent in any Parliamentary election." I may call attention to the fact that by Clause 61 the Commissioners are empowered to appoint a clerk, and the duties of the clerk are prescribed by that section; but not one of the duties required of the clerk by this Act has the smallest reference to Parliamentary elections. Clause 62 as originally framed forbade the clerk or any partner or any person in his employ or that of his partner to act as agent or solicitor in the trial of any offence in the police court. That enactment is a very proper one, which I should not ask your Lordships to disturb. Then it goes on to provide that these officials, who are in no wise connected with Parliamentary elections from the duties they are to perform, shall be incapable of acting as agents in any Parliamentary election—a provision for which I can find no justification whatever in the facts of the case, and which would, I am certain, put Parliamentary candidates, in many parts of Scotland, to a great deal of inconvenience and much disadvan- 1786 tage. I do not know that it is necessary to say more; but I should like to point out to the noble Lord in charge of the Bill, that although this Bill has been before the country and before the House for the last ten years, this Amendment was not known until the other day to those parties who are personally interested in the matter. One reason, I observe, that was urged for not permitting them to discharge these duties was that they are well-paid officials. That may be true of one or two town clerks to the larger cities and burghs; but when I toll your Lordships that these are gentlemen of good standing and position in their profession, and that the rate of remuneration for the duties of police clerk ranges from the large sum of between £5 and £10 in some burghs to sometimes £50, and in a very few cases reaching or exceeding £100, I think your Lordships will not regard it as a proper provision to make them rely solely upon their salary as clerk. But, my Lords, there is a still further objection. I am sure that all those who are concerned in the administration of the law will feel the force of the observation that I make, namely, that legislation upon a subject which the Bill does not contemplate—which is beyond the scope of the Bill—ought not to be hidden away in the middle of a single clause in a Bill of five hundred and odd clauses. The Bill deals with police administration exclusively, and this Amendment, which was introduced at the eleventh hour, which occupies about half of one line in this enormous Bill, is a piece of legislation which has reference solely to the Representation of the People (Scotland) Art. My Lords, I move the Amendment that stands in my name.

LORD BALFOUR

My Lords, I am quite prepared to accept this Amendment, and I think that some of the reasons which the noble Lord has urged are very forcible, and will undoubtedly make impression upon your Lordships' minds. The one, I may say, which influences me most in 1787 accepting the Amendment is the one which the noble Lord put last, namely, that this is not really a subject that ought to be legislated upon in this Bill; it appertains to Election Law; and, if the change in the law that is proposed is right, as to which at the present moment I do not think it necessary to express an opinion, I think it ought rather to be made as an Amendment to the General Election Law of the country than, as the noble Lord says, hidden away in a Bill dealing entirely with municipal matters.