§ Order of the day for the consideration of the Commons Amendment, read.
§ Commons Amendment:
§ [NOTE.—The clause refers to Bill [9] as first printed by the Lords.]
§ Leave out Clause 1 and insert the following new clause—
§ Certain false statements concerning a candidate to be an illegal practice. Injunction against person making false statement.
§ 1.—(1) Any person who, or the directors of any body or association corporate which, before or during any municipal election, shall, for the purpose of affecting the return of any candidate at such election, make or publish any false statement of fact in relation to the personal character or conduct of such candidate shall be guilty of an illegal practice within the meaning of the provisions of the Municipal Elections Corrupt and Illegal Practices) Act, 1884, and shall be subject to all the penalties for and consequences of committing an illegal practice in the said Act mentioned, and the said Act shall be taken to lie amended as if the illegal practice defined by this Act had been contained therein.
§ (2) No person shall be deemed to be guilty of such illegal practice if he can show that he had reasonable grounds for believing, and did believe, the statement made by him to be true.
§ (3) Any person who shall make or publish any false statement of fact as aforesaid may be restrained by interim or perpetual injunction by the High Court of Justice from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient.
§ (4) A candidate shall not be liable nor shall be subject to any incapacity, nor shall his election be avoided, for any illegal practice under this Act committed by his agent, unless it can be shown that the candidate has authorised or consented to the committing of such illegal practice, or has paid for the circulation of the false statement constituting the illegal practice, or unless upon the hearing of an election petition the election court shall find and report that the election of such candidate was procured or materially assisted in consequence of the making or publishing of such false statements.
392§ LORD FARQUHARMy Lords, this Bill was passed through your Lordships' House and sent to the House of Commons on February 23 last. As passed by the House of Lords it consisted of two clauses. The first clause applied to municipal elections the provisions of the Corrupt and Illegal Practices Act, 1895, which at present apply only to Parliamentary elections. The Bill received a Second Reading in the House of Commons without a Division, and was referred to a Standing Committee. Objection was taken by a member of the Committee to the form of Clause 1 as effecting legislation by reference to former Acts of Parliament. Thereupon by general consent the clause as set out at length in the Memorandum in the Bill was substituted for the clause as it originally stood. That is the Amendment which is before the House. It is an Amendment in form and not in substance, and probably the House will agree that it is an improvement to set out at length the full legislative effect of the Bill. It is hoped, therefore, that the House will agree with the Commons' Amendment.
§ Moved, That the Lords agree with the Commons in the said Amendment.—(Lord Farquhar.)
THE LORD CHANCELLOR (LORD LORE-BURN)My Lords, this is a case in which the House of Commons has followed the example of this House. Two years ago your Lordships' House struck out the whole of the contents of a Bill which came from the Commons and put in at full length that which it was proposed to enact. I think that was a very good course, and it made clearer what it was desired to do. Now the House of Commons has done exactly the same thing, and equally wisely, with one of our Bills, and I think it is impossible not to commend the practice. I hope that it will be observed on both sides in future.
§ On Question, Motion agreed to.