§ Lord ROYLEMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether, in view of the fact that Peers are to be permitted to vote in the Referendum on United Kingdom membership of the European Com-munity, they will now introduce legis-lation to enable Peers to vote at General Elections.
§ The MINISTER of STATE, HOME OFFICE (Lord Harris of Greenwich)My Lords, although the analogy with the Referendum is not exact, the Government incline to the view that such a change might be made when legislative opportunity allows.
§ Lord ROYLEMy Lords, will my noble friend say whether it is a fact that, while there is nothing in legislation which says that Peers must not vote, there is also nothing to say that they can vote? In these circumstances, will the Government push on with this matter instead of waiting for a so-called opportunity to introduce legislation? Can they not introduce a one clause Bill to get it out of the way?
§ Lord HARRIS of GREENWICHMy Lords, there was a Resolution of another place in 1802 which related to this matter and that Resolution has since been held to be declaratory of the law of 136 the land. That is the situation and there-fore, in our view, legislation would be necessary.
§ Baroness GAITSKELLMy Lords, is the Minister aware that British citizens in our Mission at the United Nations are not able to vote in our Elections and that some of them are very agitated about this issue? I can give the Minister letters that I have received from some of these civil servants. Is there any possibility of this situation being changed?
§ Lord HARRIS of GREENWICHMy Lords, although the question raised by my noble friend is on a rather different matter, the Government are aware of this problem and we shall certainly look at it.
§ Lord SHINWELLMy Lords, can my noble friend explain the mystery— because it appears to be a mystery to many people—of why Members of this House are excluded from voting at Parliamentary Elections? Is it not the case that they are permitted to vote in council elections in the districts and the counties? Why is a Parliamentary Election different?
§ Lord HARRIS of GREENWICHMy Lords, at the risk of appearing slightly frivolous—and I would not wish to appear so in answering my noble friend—I fear that this is a question which might have been addressed to the House of Com-mons in 1802 when they passed this Resolution. It has since been held to be declaratory by the courts; and that is the situation which now confronts the House.
§ Lord REIGATEMy Lords, what is the penalty attaching to the offence if a Peer casts a vote in a General Election?
§ Lord HARRIS of GREENWICHMy Lords, I am sure that it would be an exceedingly grave matter. I will look into it and let the noble Lord know.
§ The Earl of CRANBROOKMy Lords, is the noble Lord aware that I was on the Register by mistake, and after inquiring I was told that if I voted I should spend the rest of my life in the Tower?
§ Lord HARRIS of GREENWICHMy Lords, all Members of this House who are on the Register are entitled to 137 vote in local authority elections. The question is whether we should have this right in Parliamentary Elections.
§ Lord BLYTONMy Lords, might it be wiser not to give Peers a vote in the Referendum, since they are all pro-Marketeers?
§ Lord HARRIS of GREENWICHMy Lords, it might conceivably be controversial if I were to answer my noble friend in the precise way in which I should choose to.
Lord BOYLEMy Lords, may I ask a further supplementary question? In view of the fact that, according to the White Paper, Peers are now to be permitted to vote in the Referendum, will not bankrupts, criminals and mental patients also be permitted to do so? Would not many of them not be in jail or not be bankrupt at the time we have decided what shall happen about the Common Market?
§ Lord HARRIS of GREENWICHMy Lords, I have indicated that the Government feel that the law should be changed when the opportunity occurs, so far as possible in Parliamentary Election constituencies. That being so, I think that the Government recommendation, so far as the Referendum is concerned, is a logical and reasonable one.