HC Deb 18 March 1859 vol 153 cc340-2
MR. BERESFORD HOPE

said, I rise, Sir, to put a question to the First Commissioner of Works relative to a subject of great public interest. I do not put the question with any artistic view, but as a simple one of convenience, I might almost say of necessity, to what will be admitted to be an influential, and is certainly an important class of society—I mean the legal profession of England. I think every one who has had anything to do in the course of his experience with our courts of law must be aware of the great inconvenience that arises from their present dispersed situations. Some of them are located in Lincoln's Inn, some here, and some at Guildhall; so that Judges and lawyers, solicitors and their clerks, are left scouring about the town all day long in cabs and broughams to their great inconvenience and expense. It may be in the knowledge of the House that a scheme has been for some time before the world for the concentration of our law courts on a space of ground nearly seven acres in extent near all the Inns of Court, and affording full accommodation for all the courts of law and equity between Carey Street and the Strand. That scheme has met with the strongest recommendation from the highest authorities in the law—from the solicitors and proctors in their Incorporated Society, whose petition, in favour of the scheme, I had the honour to lay on the table of this House, and from the Society for the Amendment of the Law, which is under the presidency of Lord Brougham, and which is represented by some of our moot eminent barristers—all are exerting themselves in its favour., It seems also that there is a sum of money forthcoming for this purpose derived from a fund known as the Suitors' Fee Fund, which would he available, at least to a certain amount, for the purposes of this undertaking. For my own part, I had thought that this fund would be available as far as it would go for the whole purposes of the building; but on account of some technical objection—the nature of which I do not pretend to understand—an opinion has been given that it is only available as far as respects the courts of equity. But as far as the courts of equity are concerned, it certainly would be available; that is to say, for so much of the new site and of the new building as would belong to the courts of equity the money might be available, and might be thus applied to the purpose of the concentration of the courts of law. But another scheme has also been set forth under high patronage which purposes to rebuild the courts of equity within the premises of a private institution; no doubt a most powerful, a most influential, and a most privileged corporation—but still only a private corporation—I mean the Society at Lincolns' Inn. It is proposed to rebuild the court3 of equity within the precincts of Lincolns' Inn, of such a size and with such a solidity, as to render the future concentration of the courts of law and equity impossible. All the advantages that are to be derived from direct concentration, and from having a common place of meeting for the two Bars—that creation of a common feeling of common rules of action, of common principles of conduct, which nothing but a concentration of the different courts under the same building will ever effect, would thus be for ever rendered impracticable. There would not be a mere diminution of a portion of the benefit, but so far as the benefits of amalgamation are concerned they would, I repeat, be thus rendered impossible for all time to come. I trust, therefore, the House will not speedily consent to anything which would frustrate an amelioration so important and so easily to be attained as the concentration of the courts of law and equity. The question I have to put to my noble Friend is, whether the Government has any intention to take steps to concentrate the courts of law and equity in pursuance of the recommendations of the Incorporated Law Society, and of the Law Amendment Society; and if they are not now prepared to take any steps of that kind, I trust the noble Lord will give us the assurance that at least a fair and full investigation will he granted, and that they will not allow themselves to be led to adopt in the dark any course which would render impracticable a scheme, the benefits of which are so apparent; that some full inquiry will be granted —I trust by a Committee of this House— and that the advantages and disadvantages of the scheme may thus be brought fairly before the public.

LORD JOHN MANNERS

said, in answer to my hon. Friend I have to say that every one must admit the inconvenience of the present situation of the courts of law, and that a scheme of concentration, if it could be carried out, would be a great been to the legal profession. But my hon. Friend must be aware, that though the Incorporated Law Society and the Law Amendment Society have recommended that the Government should concentrate the courts of law and equity, and have pointed out the means by which, in their opinion, such a concentration could be accomplished; yet a great number of persons of the highest eminence in the profession are of opinion, in the first place, that the funds to which my hon. Friend has referred could not be realized, and in the next place, that if they could, they are not properly applicable to the building of courts of common and civil law. Under these circumstances, I may tell my hon. Friend that the present Government are not prepared to take any immediate steps in the matter. With respect to the other part of my hon. Friend's question, I am willing to admit that the two points I have mentioned may very properly be made the subject of investigation, and the only question is whether that investigation shall take place by means of a Select Committee or by a Royal Commission. I am not prepared, at present, to tell my hon. Friend which of these courses will be adopted, but I will communicate it to the House as soon as the Government shall have decided which is most advisable.