The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
Meanwhile, the Conservative Opposition sought to make the situation
more embarrassing for the Government. The Speaker is not empowered
to issue his warrant for a new election during the Recess in the
room of any Member who since the Prorogation has accepted any office
whereby he has vacated his seat, unless on receipt of a certificate
from two Members and a notification from the Member himself of the
fact of such acceptance of office. What happened in this particular
case is thus described by John Morley in his _Life of Gladstone_:
“The unslumbering instinct of Party had quickly got upon a scent, and
two keen-nosed sleuth-hounds of the Opposition, four or five weeks
after Mr. Gladstone had taken the seals of the Exchequer, sent to
the Speaker a certificate in the usual form, stating a vacancy at
Greenwich, and requesting him to issue a writ for a new election. The
Speaker reminded them, in reply, that the issue of writs during the
recess in cases of acceptance of office required notification to him
from the Member accepting, and he had received no such notification.”
In the midst of the controversy Parliament was dissolved, and with it
the difficulty.
Governments have tried to repeal the statute of Queen Anne. Arthur
Balfour, who thought the law not only antiquated, but inimical to
good government, once, when Prime Minister, brought in a Bill to
abolish it. “I remember in my early days,” said he, in the session
of 1905, “the Party to which I belong—it was in 1880—derived
infinite enjoyment from the satisfaction of turning the late Sir
William Harcourt out of his seat at Oxford on his taking office as
Home Secretary. He found a seat after considerable inconvenience
to Mr. Gladstone’s Government; and in my opinion, although it gave
us great satisfaction as a good practical joke, it was a severe
condemnation of the system on which we now carry on business, and
which no practical assembly in the world but our own would tolerate
for an instant.” Balfour failed, however, to get the House of Commons
to agree to his Bill. I have heard several debates on the subject.
The chief argument of the Treasury Bench for the repeal of the Act
was that by reason of it no Prime Minister has ever been able to
exercise a really free choice in the selection of his colleagues in
the Administration; for often he has had to put a square man into
a round hole, because the round man that would fit the round hole
admirably held an unsafe seat, and therefore might not be re-elected.
But the view of the back benches always has been that the Act
supports the control of the House over the Government, and gives to
the constituency the opportunity of expressing its opinion as to the
action of its representative in accepting office under the Crown.
This view has always prevailed. During the Great War the principle
was twice suspended by emergency Acts. Members who accepted office
in the two Coalition Governments of the War—one under Asquith in May
Public-domain text, read in full here on John Shaqi.
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