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Former voting rights of suo jure peeresses



5 Sep 2006 06:52:34 -0700 alt.talk.royalty
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Donald Renouf...
I read recently that under the Representation of the People Act 1918,
peeresses in their own right could vote in elections for Members of the
House of Commons. As at this time they could not sit in the Lords and
Scottish and Irish peeresses could not take part in elections for
representative peers, this seems perfectly logical. I assume this
situation continued until the passing of the Peerage Act 1963, which
allowed all hereditary peeresses in their own right (except Irish
peeresses, not that there were any) to sit in the Lords alongside those
who had received peerages under the Life Peerages Act 1958. But does
this mean that, between 1918 and 1963, hereditary peeresses in their
own right were able to stand for election to the House of Commons? I

spam...
I think that is implied by the discussion of the legal incapacity to
vote in Robert Blackburn's 'The Electoral System in Britain', St
Martin's Press, 1995, at page 82:

"Previously, peeresses in their own right did not have the same right
to membership of the House of Lords as did men, but when such a right
was conferred by the Peerage Act 1963, the Act also expressly extended
to peeresses a legal incapacity to vote in parliamentary elections."

The text of section 6 of the Act is quoted on page 75 of R P Gadd's
'Peerage Law', ISCA Publishing, 1985.

can't think of any who actually did, but were they constitutionally
able to?

Al...
Good question. I can't think of any legislation (perhaps someone else
can) specifically saying they could and so I would assume that they
couldn't by virtue of being a sj peeress.

Don Aitken...
I don't have the answer, but I know where it is to be found - in the
House of Commons Disqualification Act 1957. Until that Act was passed
there were "a motley collection of statutory provisions enacted at
different times to meet different problems", as De Smith puts it, and
there was no authoritative statement of who was disqualified and who
was not. The Act was passed in response to the case of Re Macmanaway,
in which it was held that clergymen of the Church of Ireland were
disqualified, although two had been nominated and elected at the
previous General Election without anyone realising that there was a
problem. It was a consolidating measure, collecting all the
disqualifications together in one statute, without changing the law.
There have been a number of changes since (the 1957 Act was repealed
and replaced in 1975), including the repeal of all disqualifications
based on clerical status.
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