AN ABSENT M.P.

Waikato Times, Volume 88, Issue 13464, 19 April 1917, Page 2

AN ABSENT M.P.

. «— — THE CASE OF COUftiT PLUNKETT. The Speaker and Parliament are now consideting the novel case of Count Plunkett says a London correspondent writing on February 27). The Goun! was arrested during tlie Dublin disturbances and brought to England. One of his suns was executed and another has been exiled for the part they took in the. rising. Quite recently Count Plunkett was compelled to retire from certain official positions which he held in Dublin, and at the same time the North Roscommon seat fell vacant. Count Plunkett was nominated as the Sinn Fein candidate, and was permitted by the Government to return to Irtdand. Elected by a huge majority over the Nationalist, candidate, the Count has complicated matters by declining to sit in what he calls a "foreign" Parliament.

A correspondent points out in the Times that the Count appears to be the only member of Parliament who has ever declined to take the oath and his seat in the House of Commons. "Therefore in order to deal with him, if the' House, chooses to do so, a newruling or precedent will have to be made. There is a constitutional obligation on every member to attend the sittings of the House. Up till quite recently a member who contemplated a long absence had to obtain the leave of the House before he was free to go'. Motions for 'leave of absence' have appeared on the Order Paper within the memory of the older members of the House. Failure to attend did not, however, vacate a seat. According to Sir Erskine May, the causes of vacancy are the death of members, their elevation to the peerage, the acceptance of office under the Crown, bankruptcy, and lunacy, and the determination of Election Judges that elections or returns are void. There is one other cause—expulsion by resolution of the House in the case of members convicted of felony. But none of these instances apply to Count Plunkett. In fact, he "cannot resign his seat, even if he desired to do so. A member once elected can only cease automatically to represent his constituents by reason of his death or the dissolution of Parliament. There are, several instances in the text-books where the House has' refused to set a member free even on account of physical incapacity or a personal unwillingness to attend. The only means of escape from his obligation which a member has is his appointment to the Chiltern Hundreds,; and that can be withheld by the Chancellor of the Exchequer." All the old expedients for compelling attendance have fallen into disuse. Coming to what the House can do, the correspondent argues: "It might be held that Count Plunkett is technically guilty of a contempt of the House by refusing to take his seat. A resolution could be passed calling upon him to attend. If he declined to comply within a fixed period the Speaker's Warrant could be issued for his arrest or his seat could be declared vacant. The only ease in any way like that of Count Plunkett is that of Coleman o"l,oiigh!in, who was elected for Clare ; during iiis absence in Australia, and 1 did mil coi ver In take the oath and ; his s"a! as h. had soon after heen api |.omi"i| lo office in Ihe Colonial CoV|ei ii'.iienl. A committee appointed hy : to- !•■,;;;.:■ of C IIIiKIS In Consider Ihe mallei' reported thai Ihe sent wiisj, I Vacant." The Speaker's attention has i n i called to the ipiestion. and ' he has ' [ i i.iiiiseij an e'urlv reply. i limn —mi i i ■ i u«Jt—i : ~~~"