HL Deb 19 December 1908 vol 198 cc2298-301

Order of the Day for the Third Reading read.

Moved, "That the Bill be now read 3a."—(The Earl of Donoughmore.)

On Question, Bill read 3a.

THE EARL OF DONOUGHMORE

said he had carried out the suggestion made the previous day by the Lord Chancellor and had printed in extenso, in the shape of an Amendment, the new clause which he proposed should take the place of Clause 1 as now in the Bill.

Amendment moved— In page 1, line 5, to leave out Clause 1, and to insert the following new clause: '(1) Any person who at a lawful public meeting acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be guilty of an offence, and if the offence is committed at a political meeting held during the progress of and in connection with a Parliamentary election he shall be guilty of an illegal practice within the meaning of the Corrupt and Illegal Practices Prevention Act, 1883, and in any other case shall, on summary conviction, be liable to a fine not exceeding five pounds, or to imprisonment not exceeding one month. (2) Any person who incites others to commit an offence under this section shall be guilty of a like offence.'"—(The Earl of Donoughmore.)

VISCOUNT ST. ALDWYN moved to amend the Amendment by leaving out the words "during the progress of and in connection with a Parliamentary election" in order to insert "in any Parliamentary constituency between the date of the issue of a writ for the return of a Member of Parliament for such constituency and the date at which the return of the said writ is made." He thought the words which he proposed to omit were vague. There was no actual decision as to the time which was included in the progress of an election, and it would be possible, where a magistrate had decided that a meeting came within the provisions of this paragraph, that an appeal might be made to the High Court and a great deal of expense unnecessarily incurred. His suggested new words would make the matter clear.

Amendment moved— In the proposed new clause, lines 5 and 6, to leave out the words 'during the progress of and in connection with a Parliamentary election,' and to insert the words 'in any Parliamentary constituency between the date of the issue of a writ for the return of a Member of Parliament for such constituency and the date at which the return of the said writ is made.'"—(Viscount St. Aldwyn.)

THE LORD CHANCELLOR (Lord LOREBURN)

thought that the suggestion of the noble Viscount was a good one. There was a difficulty in ascertaining what was the progress of a Parliamentary election. It depended on the circumstances of each case, and it was impossible to lay down any absolute rule.

On Question, Amendment to the Amendment agreed to.

Amendment, as amended, agreed to.

VISCOUNT MIDLETON

asked whether the Government had considered the question of municipal elections, especially in the London area. He thought there was a serious anomaly in applying this penalty to small meetings in country districts held in connection with Parliamentary elections, and leaving out of the scope of the Bill possibly large and turbulent meetings held in the metropolis in connection with municipal elections. If, however, the Government were satisfied that it was better not to include municipal meetings, he would not move the Amendment to that effect standing in his name on the Paper; but he would like an expression of opinion from the Government on the point.

EARL BEAUCHAMP

said the Government would be willing to accept an Amendment applying the Bill to municipal elections unless objection to that course were taken on some point which had not yet occurred to the Home Office.

VISCOUNT ST. ALDWYN

was afraid there would be some difficulty in the matter. The words which, at his instance, their Lordships had inserted would not apply to municipal elections at all, because there was no issue of a writ in respect of such elections. Some other words, therefore, would be necessary if the Bill were to include meetings held in connection with municipal elections.

THE LORD CHANCELLOR

suggested that it would be better not to apply the Bill to municipal elections at all. He thought that would be rather going beyond the general purposes of the Bill.

VISCOUNT MIDLETON

intimated that, after the opinion expressed by the noble and learned Lord on the Woolsack, he would not move his Amendment.

Then (Standing Order No. XXXIX. having been suspended), Bill passed, and returned to the Commons.