§ In the event of a casual vacancy in the parish council of a parish which is partly landward and partly burghal, or comprises a police burgh or part of a police burgh, the following provisions shall have effect with respect to the filling up of such vacancy (that is to say):—
§ The parish councillors who are not members of such Landward Committee shall not be entitled to vote in tilling up any casual vacancy in such parish council, except a vacancy caused by the death, resignation, or disqualification of a parish councillor who was not a member of such Landward Committee.
§ LORD TWEEDMOUTH moved to omit the clause. He said that the Bill came up from the House of Commons and in the form in which it passed the other House, without opposition, both the landward members of a Parish, Council and 178 the burghal members of a Parish Council were allowed to elect to casual vacancies amongst their own respective portions of the Parish Council. But when the Bill reached their Lordships' House the Secretary for Scotland raised an objection—which had not been raised on behalf of the Scotch Office in the House of Commons—to the burghal members having the same privilege as the landward members of electing to casual vacancies in their portion of the Parish Council; and, accordingly, the clause in its present form was adopted, providing that both the burghal and the landward members should vote in the election to vacancies in the burghal portion of the Parish Council. That was a provision to which the sanction of Parliament should not be given; and he, therefore, begged to move that Clause 2 be struck out of the Bill.
THE MARQUESS OF LAUDERDALE
hoped the House would not accept the Amendment of the noble Lord, for its effect would be to wreck the Bill. The landward members had independent duties to perform in which burghal members could not interfere.
THE MARQUESS OF LOTHIAN
said he was at first inclined to agree with the noble Lord in the view that privilege granted to one portion of the Parish Council should be granted to the other portion. But he was assured that the two sections were not exactly alike.
THE SECRETARY FOR SCOTLAND (Lord BALFOUR)
said the point in dispute was of very little importance, but he was not surprised that the noble Lord had raised it, for the noble Lord had pursued the Bill with a virulence fitter for a larger cause. Both in private conversation and in correspondence he had consistently told all upon it concerned, that the proposal which had been struck out was one it was impossible for the Scotch Office to allow to pass, and that it had passed the House of Commons was an accident for which he was not responsible.
§ Question put, "That the clause stand part of the Bill."
§ The House divided:—
§ THE LORD CHANCELLOR (Lord HALSBURY)
There not being 30 Members taking part in the Division, the question is adjourned until the next sitting of the House.