HL Deb 20 July 1948 vol 157 cc993-8

2.39 p.m.

Amendments reported (according to Order).

Clause 23 [Registration]:

THE LORD PRIVY SEAL (VISCOUNT ADDISON)

My Lords, this Amendment and those relating to Clause 27, are brought forward in answer to suggestions made expressing a natural objection to your Lordships being described as "incapable of voting." The inability to vote is, of course, due to our legal incapacity to do so. It is in order to meet your Lordships' natural objections to the original phraseology that this Amendment is proposed. I beg to move.

Amendment moved— Page 27, line 5, leave out ("incapable of voting") and insert ("subject to a legal incapacity to vote").—(Viscount Addison.)

LORD SHEPHERD

My Lords, I wish to thank the noble Viscount for the care he has taken in this matter. I hope that we shall have our Consolidated Bill next year, and that there may be still further improvement in the phraseology. In the meantime, however, I am glad to accept the proposed Amendment.

On Question, Amendment agreed to.

Clause 27 [Proxies]:

VISCOUNT ADDISON

My Lords, this Amendment is consequential. I beg to move.

Amendment moved— Page 30, line 5, leave out ("incapable of voting") and insert ("subject to a legal incapacity to vote").—(Viscount Addison.)

On Question, Amendment agreed to.

VISCOUNT ADDISON

My Lords, this Amendment is also consequential. I beg to move.

Amendment moved— Page 30, line 11, leave out ("incapable of voting") and insert ("subject to a legal incapacity to vote").—(Viscount Addison.)

On Question, Amendment agreed to.

Clause 33:

Use of motor vehicles for conveying electors to poll.

33.—(1) Subject to the provisions of this section, a person shall not, with a view to promoting or procuring the election of a candidate at a parliamentary election, either let, lend or employ, or hire, borrow or use, any motor vehicle for tie purpose of the conveyance of electors or their proxies to or from the poll, and a person knowingly acting in contravention of this subsection shall be guilty of an illegal practice within the meaning of the parliamentary corrupt practices Act:

VISCOUNT ADDISON moved, in subsection (1), to leave out "with a view to promoting or procuring the election of a candidate," and insert by way of supporting or opposing the candidature of any individual as against any ether or others. The noble Viscount said: My Lords, this Amendment is put down in order to meet an objection raised by the noble Lord, Lord Moyne. I should like to acknowledge the assistance I have received from the noble and learned Viscount, Lord Simon. There was some doubt as to whether a person could act in what might be called a neighbourly way by taking somebody to the poll in his motor car. It was not the intention of the clause to bring in these cases, but, as the noble Lord pointed out, it might be so interpreted. Therefore these words have been suggested in order to make the clause more acceptable and to rule out unreasonable cases. I think that the proposed new words explain themselves. They take the place of the words with a view to promoting or procuring the election of a candidate. The words of the proposed Amendment, in fact, mean that a person uses his car not for the promotion or procuring the election of a candidate, but simply as a neighbourly act, conveying his neighbour to the poll because he himself happens to be going there. I think that this Amendment meets the case. I beg to move.

Amendment moved— Page 34, line 35, leave out ("with a view to promoting or procuring the election of a candidate") and insert the said new words.—(Viscount Addison.)

LORD MOYNE

My Lords, I should like to express my sincere thanks to the noble Viscount for the trouble he has taken to introduce these two Amendments which meet the point that I raised on Committee stage with regard to neighbourly non-Party lifts. While the clause is bound in any case to give rise to some uncertainty, these Amendments do seem to incorporate in the clause, as clearly as possible, the Government's declared intention. I should also like to thank those noble Lords on both sides of the House who have given me their help and support in raising the matter, and especially the noble and learned Viscount, Lord Simon, who was kind enough to bring his wisdom to bear upon the question.

VISCOUNT SIMON

My Lords, may I add one word on this matter? I am glad that the change proposed is acceptable to the Government. It is usually a good thing not to quarrel over the smallest phrase if one is told that one is getting what one asked for. I might address myself on this to the noble and learned Viscount the Lord Chancellor, who is expert in these things. In fact, what was proposed or suggested was to strike out the words with a view to promoting or procuring the election of a candidate, which might be understood to mean "with a view to helping somebody to vote" or, on the other hand, might be understood to mean "with a view to giving a particular person aid," and to substitute these words: with a view to supporting or opposing the candidature of any individual as against any other or others I confess that I do not understand why the words "by way of" are thought to be a superior and preferable form to the I words "with a view to" I naturally bow to superior expert knowledge, but I think that the noble and learned Viscount the Lord Chancellor may agree with me that the words "with a view to" are simple words, and the words "by way of," though suggested by the draftsman, are no improvement at all.

VISCOUNT ADDISON

My Lords, I confess that in my discussions with the noble I and learned Viscount, the words that were discussing were those which he has mentioned—namely, "with a view to" instead of "by way of" I understand that this is a draftsman's point. However, I will inquire into the matter between now and Third Reading. I understand that this is the proper way. I quite agree with the noble and learned Viscount. It seems to be the same thing expressed by different words.

THE MARQUESS OF ABERDEEN AND TEMAIR

My Lords, may I take it that the noble Viscount the Leader of the House by his Amendment now agrees that an employer who lends his car or puts his car or van, without any label, at the disposal of his employees in order to enable them to vote, will be allowed to continue this practice as in the past?

VISCOUNT ADDISON

My Lords, I always hesitate to express legal opinions, but that would be my view.

VISCOUNT SIMON

Provided he did not do it by way of (or, I would rather say, "with a view to") supporting or opposing a particular candidate.

On Question, Amendment agreed to.

VISCOUNT ADDISON

My Lords, this Amendment is consequential. I beg to move.

Amendment moved— Page 35, line 15, leave out from ("it") to end of line 16 and insert ("by way of supporting or opposing the candidature of some individual as against some other or others")—(Viscount Addison.)

On Question, Amendment agreed to.

Clause 50 [Prosecutions for corrupt and illegal practices]:

VISCOUNT ADDISON

My Lords, this is really to cover an omission. This should have been put into Clause 50 to indicate that those cases not dealt with under subsection (4) will be exempted from the proceedings there contemplated.

Amendment moved— Page 53, line 6, after ("summarily") insert ("and subsection (4) of this section shall not apply to a committal under the said subsection (6);").—(Viscount Addison.)

On Question, Amendment agreed to.

Fourth Schedule [Amendments of local elections rules]:

VISCOUNT ADDISON

My Lords, this Amendment is consequential on what we have done already.

Amendment moved— Page 158, leave out lines 40 and 41.—(Viscount Addison.)

On Question, Amendment agreed to.

Thirteenth Schedule [Repeals]:

LORD MORRISON

My Lords, the provisions of the Local Government (Scotland) Act, 1947, which deal with voting in more than one electoral area at a local government election are superseded by Clause 21 (1) and proviso (a) to Clause 23 (4) of the Bill, and can therefore be included in the Repeal Schedule. I beg to move.

Amendment moved—

Page 195, line 22, column 3, at beginning insert— ("In paragraph (b) of the proviso to subsection (2) of section twenty-two, the words from 'no person' to 'ward, and'; in subsection (2) of section forty-four the words from 'and (b) a person' to the end of the subsection; in section fifty-nine subsection (7)")—(Lord Morrison.)

On Question, Amendment agreed to.

LORD MORRISON

My Lords, Section 70 of the Local Government (Scotland) Act, 1947, which penalises a person who votes in more than one electoral division or ward in a county, burgh or district, is superseded by Clause 49 of the Bill, and can therefore be included in the Repeal Schedule. I beg to move.

Amendment moved— Page 195, line 25, column 3, after ("sixty-nine") insert ("section seventy").—(Lord Morrison.)

On Question, Amendment agreed to.