LOCAL ELECTIONS (SERVICE ABROAD) BILL. (Hansard, 23 August 1945)

§ THE LORD CHANCELLOR (LORD JOWITT)

My Lords, I am sure that the House will be in general agreement with the purpose of this Bill. It is purely a temporary measure; it expires at the end of 1947, and it is necessary in order to render effective the candidature at local elections of members of the Forces, seamen, or persons who are engaged in war work abroad. I am sure that we all agree that persons in these positions should not he prevented by mere technicalities from taking part in local elections. Under the existing law it would not be possible, or might not be possible, for persons to conform in all respects with the procedure required of candidates and the procedure should, where necessary, be amended. Alteration in the existing law is required in three respects. The first relates to acceptance of nomination; the second relates to acceptance of office, and the third relates to the return of election expenses.

As to the first point, the acceptance of nomination, in certain cases—namely, where the candidate is not physically present—the consent of the candidate is required to be given in writing and to be attested, and this consent must be received within a month before the last day for the delivery of nomination papers. It obviously might be impracticable for a consent in writing to be received in this period from a person stationed abroad, and accordingly it is provided in Clause that in such cases consent may be given by telegram and that a consent given in this manner need not be attested. As to the second point, under the normal procedure a candidate elected to any of the offices specified in Clause 2 is required by Section 61 of the Local Government Act, 1933, to notify his acceptance of office 155 within a period of two months from the date of his election. This clause accordingly provides that, in the case of a candidate to whom the Bill applies, the period of two months is to run, not from the date of his election, but from the date of his return to the United Kingdom, or from the anniversary of the election, whichever date is the earlier. Thus, a candidate cannot definitely hold up his declaration of acceptance of office. On the third point, the return of election expenses, Clause 3 is somewhat similar in its effect. It empowers the returning officer at a local election to extend to such date as he considers reasonable in the circum stances the period in which a candidate is, under the existing law, required to make a return and declaration of election expenses.

Clause 5 provides for the application of the Bill to Scotland. The position in that country, in regard to the various points with which the Bill deals, differs in some respects from the position in England and Wales. In particular consent to nomination can be given, and in certain cases at least an office can be accepted, by an agent acting on the candidate's behalf. It is felt, however, that the Service candidate for election to a local authority in Scotland should, apart from such facilities as he may be able to use under the law as it stands, have the same concessions as the Bill proposes to give to candidates at elections in England and Wales. The detailed provisions for extending these concessions to Scotland are made in Clause 5.

It will be appreciated that as elections for borough councils in England and Wales are to be held on 1st November and for town councils in Scotland on 6th November, it is important that the Bill should become law as soon as possible, and it is hoped that the House will agree to its speedy passage. I may add that the Bill received a general welcome in another place. Its Committee stage was there a mere formality, and it may be that your Lordships will not desire the Bill to be committed. As the Bill is urgently needed, the House has been asked to suspend the Standing Order, in order that Bill may receive the Royal Assent to-morrow. I beg to move that the Bill be now a read a second time.