A QUESTION OF PROCEDURE. (Hansard, 25 April 1904)

THE LORD CHANCELLOR (The Earl of HALSISURY)

I have to make a somewhat unusual Motion, and I must explain to your Lordships how the question arises. Your Lordships are doubtless aware that, on the succession of a Peer, his title has to be investigated. But where it is known to be, and is found on investigation to be, only the ordinary succession of a son or of some one in the direct line, there is no difficulty and, instead of compelling the parties to go to the expense of the elaborate machinery of the Committee of Privileges, it has been the practice of this House to take the certificate of the Lord Chancellor for the time being, who investigates the title, certifies the House, and accordingly the writ is issued, and in the ordinary course the Peer takes his seat. It so happens that a writ was issued to Lord Hartismere (Lord Henniker) at the commencement of this Parliament. He never came forward, and never took up his writ. The result was that there was lying in the office a writ to be given to the Peer to whom it belonged—a writ directed to Lord Hartismere by his title in the ordinary course. His son, apparently not being aware of what I have stated as to the preliminary investigation before he took his seat, came to the office and asked for his writ. There was a writ directed to his title in the office. The Christian name was not observed, and the writ was delivered to him. He came to the Table last Thursday, took the oath, and subscribed his name as a Peer of Parliament. It is a curious fact that a good many years ago—it was before the Irish Church was disestablished—the same mistake was made in the case of the Bishop of Dromore; and, in making the Motion which I am about to move, I am following the exact precedent in that case. The incident cannot be passed over because it is part of the regular business of the House. The Motion is:—"That the entry in the Journals of the House of Thursday last that Lord Hartismere (Lord Henniker) sat first in Parliament after the death of his father be vacated; that the entry of the name of the Lord 1014 Hartismere among the Lords present on Thursday last be vacated, and that the signature on the Test Roll be vacated." It was a mistake, of course, and nothing but a mistake, and I am sorry that the young gentleman who made it will have the trouble of going through the form again. I hope ho will not be disturbed, but I am compelled to make the Motion because it is in accordance with the Orders and Rules of the House, and it is very important indeed that they should not be disregarded. I make the Motion.