The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
But though ordinarily all the approaches to the Chamber are guarded
by vigilant policemen and door-keepers, who know every Member of
the House, it is obviously impossible at the opening of a new
Parliament—when there is a large influx of new Members—for the
officials on duty to be able to discriminate between those who say
they are representatives and those who may be strangers. It would
not be difficult, therefore, for an impostor of nerve and audacity,
with some knowledge of the House and its ways, to enter the House
by personating some Member whom he knew could not be in attendance,
to vote in a division on the Speakership, should there be a contest
for the Chair, and even to take the oath and subscribe the Roll.
There is no case of personation on record, but it is possible in the
circumstances. The Return Book is a conspicuous object on the Table
during the swearing-in of Members. It is there for reference by the
Clerk, in the event of a question arising as to the identity of any
person who may present himself. However, as it contains merely the
name of each Member and his constituency, and not his portrait and
description, it is hardly an insuperable bar to personation, and
accordingly, in the case of new Members, the question of identity
has to be taken on trust by the Clerk. But there is no doubt that a
Member who for any reason did not want to take the oath could quite
easily evade the obligation.
3
In the case of a contested election for the Speakership, Members
would of course have to vote without having been sworn. What, it may
be asked, would happen in the event of a Member, after the election
of the Speaker, sitting and voting without having taken the oath and
signed the Roll? The penalties provided by an Act passed in 1866 are
a fine of £500 for each commission of the offence of voting, and
the immediate deprivation of the seat, which, _ipso facto_, becomes
vacant. The payment of the fines, when the offence has been committed
through mistake, ignorance, or inadvertence, can be remitted by an
Act of Indemnity, but it is contended that nothing can avoid the
instant vacating of the seat. I remember hearing it persistently
whispered that one Member elected at a certain General Election
had never taken the oath or signed the Roll. The matter, however,
was never brought to the notice of the House. A peer who takes his
seat and votes without having previously subscribed to the oath
is likewise liable for every such vote to a penalty of £500. Peers
have so inadvertently violated the law. Each explained that having
taken the oath and signed the Roll on his accession to the peerage
he thought he was not obliged to do so again when a new Parliament
assembled. This excuse was accepted in the case of four peers in
1906. Bills of Indemnity were then said to be no longer necessary.
Public-domain text, read in full here on John Shaqi.
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