THE SECOND BALLOT BILL.

Manawatu Herald, Volume XXX, Issue 438, 6 October 1908, Page 4

THE SECOND BALLOT BILL.

The Gag Clause Abandoned.

An agreement between the two branches of the legislature has been effected by the managers appointed to confer over the differences upon the Second Ballot Bill. The principal result is that clause 19, the “gag” clause, has been thrown out.

The managers appointed by both Houses of the Legislature to confer regarding the amendments made in the Second Ballot Bill by the Legislative Council met yesterday, and a report of the conference was submitted to the House of Representatives by the Prime Minister during the evening.

The report stated that the amendments made by the Council in clauses 2 and 18, and the addition of the new clause 22, had been accepted by the managers of the House of Representatives. Clause 19 —the “gag” clause — had been struck out.

EXPLANATION BY THE PREMIER.

The Premier, in moving the adoption of the report, said the managers of the House of Representatives had urged the reinstatement of the clause relating to a 500 majority rendering a second ballot unnecessary, but this had not been agreed to. On the amendment made in sub-section 4 of clause 18 —dealing with the total expenses of candidates, and making every candidate or other person who is knowingly a party to any breach of the section guilty to corrupt practice—there had been unanimity, and this had been agreed to. They had also been in agreement on the amendment made in clause 22a, dealing with licensing polls and providing that nothing in the Act should affect the provisions of the Licensing Act, 1908, with respect to the licensing polls. In regard to the clause dealing with speeches on the platform, public meetings and publication in the newspapers of matter relating to the candidates between the first and secondlelections, to which important alterations were made in another place, by striking out one portion and introducing a sub-clause, the managers found it impossible to get the representatives of the “other place” to agree to its restoration as it originally appeared in the Bill. Among other things, it was pointed out that the clause as amended was only carried in the Legislative Council by a majority of one, and the unfairness of expecting the mouths of candidates to be shut while they were liable to be subjected to criticism in the press was also referred to. They could not agree to the clause standing as it was, and as a compromise—and in order to put the candidates who were standing for the second election in the same position as those at the general election—the representatives of the Lower House finally agreed that clause 19 should be struck out altogether. He was not prepared to see the Bill lost by standing out in the face n/.w.lvr l ne an almost impossible position, audit would have been a very foolish thing to have done so. They recognised that the time between the elections was too short for a candidate to get throughout his electorate to defend himself

from criticism. Still, it would have been more unfair to find that as a result of the amendment made in the Council they would have had their mouths shut, and would not have been able to defend themselves at all. For that reason they thought it belter to put the Bill into the position.in which it was first introduced into the House, and candidates could now use the platform just as much as they liked. Mr. Massey asked members to consider what had happened since the introduction of the Bill. He reviewed the amendments which had been made in the House and the Council, and said the Premier, when the Bill had returned from the Council, had risen in his wroth and swore by the “ Ashes of his Fathers” that he would not permit of any such interference with the intention of the Legislature. He claimed that the Premier had been beaten all along the line. Personally he did not object to the “gag” clause being struck out, because it was a most objectionable one. He thought what had happened would do good, as it would call the attention of the people to the existing defects in our electoral laws. He believed that majorities should rule, but the minorities should not go unrepresented. He was of opinion that the Bill would eventually result in a system of proportional representation. This was the only solution of the difficulty.

The report was agreed to, and the Bill is now law.

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