1922-07-04 — Page 6

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LADY RHONDDA'S - CLAIM REJECTED.

* PRIVILEGES OF PEERESSES,

By a majority of 20 to 4, on May 19th, the Committee for Privileges of the House of Lords; which sat under the chairman- ship of the Earl of Donoughmora (Chair. man of Committees), decided against the potition by Viscountess Rhondda, claiming the right to sit and vote in the House of Lords.

The case presented by Viscountess Rhondda was that she incceeded to the title and dignity of Viscountess on the death of her father in Five 3rd, 1918, by speural remainder under the letters patent which created her father viscount and specifically pamed her as bis succesger in the title in default of heirs rule, and that she was entitled to receive a writ of sum mons to Parliament under Section 1. of the Sex Disqualification (Removal) Act,. 1919, which reads:

A person shall not be disqualified by sex or marriage from the exercise of any public fusetion or from being appointed to or balling any civil or judicial office or post, or from catering or assuming or carrying on any civil profession or voc |tion, or for admission to any incorporated. society (whether incorporated by Royal charter or otherwise), ind a person phall not be exerapted by ser ur marriage from the liability to serve as a juror.”

In Fürch last the Committee, when the matter before them, reported in favour of Lai adda's claim, but when the omitted to the House of Lorda the Lorucellor moved that it should be referred back to the Committee for further consideration.

report

Counsel for Lady Rhondda were. Mr. G. J. Talbot, K.C., and Mr. W. A. Groene, K.C. The Attorney-General, the Solicitor. General, and Mr. Geoffrey Ellis appeared for the Crown. Mr. Fox Davies held a watching brief on behalf of several peeresses in their own right.

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The Attorney-General, resuming, bis address on behalf of the Crown, said that perhaps it would not be useless to refer to the exact position of the law as it stood. By Section 9 of the Representation of the People |Act, 1918, it was provided that any inca- pacity of a peer to vote at an election pris. ing from the status of a "poer should not extend to poerusses in their own right. At that time it was quite clear that a peeress could not sit in the Lords, and her pris vilege to roto for a member of the Commons House of Parliament was only that she could be represented in Parliament as a whole. It was pow suggested, în view of the passing of the Ser Disqualification (Bemoval) Act of 1919, the Legislature intended by a general and ambiguous phrase to give a peeress the option to sit in either House of Parliament and also the right to retain her vote for a member of the House of Commons. The phrase was that a person should not be disqualified by sex or marriage from the exercise of any public function," The words used were of a general character, and were not inonded to make so sweeping an alteration us was con- tended for. If such a change. were intended

Unveiling a memorial in St. James'z the use of the words “ public function "were Presbyterian Church on May 14th to mem- not apt, because the grant of a peerage did | bers of the congregation who lost their lives not mean that the holder was to exercise a in the war, General Lord Horns of Stirkoke public function. The dignity was a personal | said there were some events of that period one, and the holder received a personal writ | which ought to be stamped on the minds of of summons, not as a general right, but all. There was the great rush of volunteers because of the personal dignity which was the dificulties, the dangers, the suffering of held. The question of the position of Peers had, of course, come up for consideration from time to time. It came up in con nection with the Act of Union with Scots land, and the Act of Union with Ireland, and was dealt with in definite, clear, and special sections. In this case their lordships were invited to interpret the ambiguous phrase, "the exercise of any publis function," in such a way as to declire that a vital alteration had been made in the constitution of their lordships' House.

DIGNITIES AND DUTIES.

the men at the front; the troubles, anxieties, and discomforts of those "al home; the uncertainties, the waiting for news, the shocks, and the mournings.

Mr. Talbot: It is more a diguity.

The Lord Chancellor: People used, to be fined for non-attendance.

Mr. Talbot: But it also has its honour- able side.

The Lord Chancelle: I am told that souse people think servg oa juries, is aa hongar. (Laughter.)

Mr. Talbot: If you will look at the language of the patent and the method of taking a seat on first being introduced you will no doubt think that the honour considerably predominates over the duty,

Mr. Talbot replying to a point raised the previous day, said that the right of the heir male to sit in the House of Lords did not arise from a fresh grant or a fresh peerage. The peerage was the same, and when it descended to a woman she had only been prevented from sitting in that House by reason of her sex. He submitted that she would be exercising a "public func tion" by sitting in that House, and that the Act authorised her to do this. The words "a person shall not be disquali fied by sex or marriage from the exercise The Earl of Crawford: If Queen of any public function" were of so Victoria had married 2 Rowan Catbolic she. sweeping a character that, whether it was could not have succeeded to the Thrones intended to confer the right of a writ The Lord Chancellor (to Mr. Talbot): of summons on a peerees in her own Is it contended that this Act repeals that right or not, it was plainly intended to provision?

Lord Summer: Before this Act was passed what were the circumstances under which any person was by law disqualified from the exercise of a public fanction by marriage?

introduce the most drastic changes in the Mr Talbot: No; the succession is whole position of women with regard to regulated by special Act of Parliament. public affairs. There was no traen in the Replying to Lord Summer's query. Mr. Act of any exception whatever to the Talbot confessed himself unable on the abolition by law of all distinction between spur of the moment to give any case He men and women with regard to the public was referring to previous decisions when affairs of the country. It was suggested The Lord Chancellor interrupted with by the Attorney-General that the right to the remark that, they did not give much aft in the House of Lords was of such guidance to the Committee. They must transcendant importance that it could not judge by the language of the Act itself bo supposed that Parliament would have whether it was intended to make so drastic. 'dealt with it without using express words, a change

| So far as the effect on the conduct of public Mr. Talbot That, I think, is the right affairs was concerned, counsel did not think way of dealing with it. My argument is it could be seriously suggested that the that, taking this statute, and construing it admission of fifteen or twenty ladies to take in the way in which you are by law required, part in the deliberations of the House of this lady has established her right to a Lords, which had about 700 members was writ of summons. The only reason why comparable in practical importance with she had not that right when the Peerage the revolutionary change of admiting wo was created, was that there was a dia men to every judicial office in the country. qualification in respect of sex in the Lord Atkinson If the words "public exercise of public functions. That dis- function" have universal qualification, why qualification I submit has now hean was it necessary to bring in a special pro- renounced,... vision compelling women to sarvo on juries? The Chairman, after the Committee had

Mr. Talbot Service on-juries is on aant for a few minutes in private, announc different footing. What the Act doen ised that the Committee had decided by to remore exemption from that duty. twenty roles to four that the claim and The Lord Chancellors Are there not petition had not been made out. He added duties attached to membership of the Housh that the Committee would assigo their of Lords?

renous later

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