Re Bristol South-East Parliamentary Election
Re Bristol South-East Parliamentary Election 1961 | |
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Court | Election court |
Citation(s) | 3 All ER 354. |
Case history | |
Related action(s) | Peerage Act 1963 |
Court membership | |
Judges sitting | Mr Justice Gorman, Mr Justice McNair |
Keywords | |
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Re Bristol South-East Parliamentary Election ([1961] 3 All ER 354) is a 1961 United Kingdom election court case brought about by an election petition by Malcolm St Clair against Tony Benn, the winner of the 1961 Bristol South-East by-election where Benn had won the most votes but was disqualified from taking his seat in the House of Commons as he had inherited a hereditary peerage as 2nd Viscount Stansgate.[1] Benn argued that as he had not applied for a writ of summons, he was not a member of the House of Lords and that the voters had the right to choose who they wanted to represent them.[2]
The court made a ruling of undue election because the voters were aware that Benn was legally disqualified from sitting in the House of Commons, their votes had to be counted as being "thrown away" and Malcolm St Clair as the runner-up would take the seat instead.[3]
Background
Anthony Wedgwood Benn had been elected as the MP for Bristol South East since 1950 as a
St Clair issued an election petition against the results stating that Benn could not take his seat as he was disqualified.
Court hearing
Against legal advice of the Labour Party's Queen's Counsels, Benn represented himself in pro per during the proceedings.[2] During his opening address, Benn took 22 hours to make it and took 537 questions while doing so.[2] Sir Andrew Clark QC, acting as St Clair's barrister argued in his response that a peer upon succession, regardless of whether they had asked for one or not, was entitled to a writ of summons to the House of Lords which the Crown could not refuse to grant. He argued that merely having that right was grounds for disqualification as being a member of the House of Lords was incompatible with being an MP in the House of Commons.[2]
Benn argued that to expel an elected member of the House of Commons on the grounds that he had the right for a writ of summons, was to punish him for doing something he had not done. He cited that there was no precedent to punish a hereditary peer for refusing a writ of summons and referenced the
Verdict
Mr Justice Gorman and Mr Justice McNair delivered their verdict, which took two hours to read out. During it they praised Benn for "the magnificent way he had presented his case".[2] However, they found the election of Benn to be undue, as he had succeeded his father as Viscount Stansgate and thus was disqualified from being elected as a hereditary peer.[7] They stated that a hereditary peerage was "an incorporeal hereditament affixed to your blood and annexed for posterity".[5] They made their judgement in favour of St Clair as because the voters knew that Benn was disqualified during the election campaign, their votes were to be treated as being "thrown away" as they had been given notice by St Clair of Benn's ineligibility.[8] Benn's attempts to renounce his title were stated as being too technical for voters to have easily understood.[3] As a result, St Clair was elected in place of Benn.[3]
Aftermath
Despite losing the court case, Benn continued to campaign to be able to renounce his peerage. The
References
- .
- ^ a b c d e f g h Zander, Michael. "How to lose a title". New Law Journal. Retrieved 4 May 2018.(subscription required)
- ^ a b c "Legal challenge to elections" (PDF). Law Commission. Retrieved 4 May 2018.
- ^ ISBN 978-0826456991.
- ^ a b c d "Peers' battle to stay in the Commons". BBC News. 26 July 2013. Retrieved 4 May 2018.
- ^ "Election petitions". BBC News. 20 August 2008. Retrieved 4 May 2018.
- ^ "Election Court Hearing โ Tony Benn โ The Strand, London". PA Images. Retrieved 4 May 2018.
- ^ Davies, Leila (10 November 2003). "Letters โ Without peerage". New Statesman. Retrieved 4 May 2018.
- ^ "page 6534, Issue 43072". The London Gazette. 2 August 1963. Retrieved 4 May 2018.
- ^ Boffey, Daniel (16 March 2014). "Tony Benn's son inherits title his father gave up". The Guardian. Retrieved 9 June 2022.
- ^ "Profile: Tony Benn". BBC. Retrieved 4 May 2018.
- ^ "1963 Peerage Act and former Labour MP Tony Benn". BBC News. 1 July 2011. Retrieved 18 September 2020.