HC Deb 28 May 1850 vol 111 cc431-3
MR. W. PATTEN

rose to ask a question respecting the salary of the Lord Chancellor, of which he had given notice. It appeared by the public prints that it was likely there would be a vacancy in the office of Lord Chancellor, and he had been directed, therefore, by the Committee on Salaries, to ask whether Government intended, in filling up the vacancy, to render the appointment subject to any decision which they might make on the recommendation of the Committee when their report should be before the House? It had been thought possible, in considering the subject of the office and the nature of its duties, that it might come into discussion whether it might not be advisable to recommend a separation of the judicial and political offices of the Lord Chancellor; and he wished also to ask whether, in filling up the vacancy, a stipulation would be made that the person appointed was to take it subject to any decision respecting salary which the House might adopt on the recommendation of the Committee on Salaries?

MR. BOUVERIE

I beg, Sir, also to ask, in case of the vacancy of the Great Seal, whether there will be a distinct understanding with regard to the officers (whose appointments are in the gift of the Keeper of the Great Seal, and whose fees and emoluments were reported upon by the Committee upon Fees in Courts of Law and Equity last year) that their appointments will be made on the express condition that the tenure and existence of their offices, as well as their fees and emoluments, shall be subject to the review and determination of Parliament?

LORD J. RUSSELL

Sir, in answer to the question put to me by the hon. Gentlemen, I have to state, with very great regret, that the Lord Chancellor has found the state of his health to be such that it will not be possible for him to continue the performance of those duties which he has discharged with such credit to himself and advantage to the country. I have to state, therefore, that as soon as the Lord Chancellor shall have given his judgment on various cases which have been under his consideration, he will feel himself called upon to resign the Great Seal. I have further to state, that in filling up the office, I shall have it understood that any person taking the Great Seal shall have to take it subject to any regulation which Parliament may adopt on the report of the Committee. With respect to the fees of any officer appointed by the Lord Chancellor, which should become vacant when the Lord Chancellor resigns the Great Seal, persons shall be appointed with fees and salaries subject to the determination of Parliament. With regard to the further question the hon. Member has asked, as to the separation of the judicial and political functions of the Lord Chancellor, I can only say it is a subject which has engaged the attention of Her Majesty's Government. It is, however, a question of very considerable difficulty. I have no doubt, myself, that the object is one very desirable to attain, and I trust we may be able to propose a measure to Parliament on the subject. But, considering the nature of the office—considering how closely connected it has been with the political history of this country—how much it has been connected with our political administration, and with the performance of the highest functions in the State, it is a subject on which I should be loth to propose any measure without very serious consideration.

MR. HUME

asked if the retiring pension of 5,000l. a year was to be considered also subject to revision?

LORD J. RUSSELL

I think that any person accepting the Great Seal must take it subject to the decision of Parliament with respect to the amount of the pension. At the same time, without saying that 5,000l a year is the exact pension to be continued, I must certainly say that I shall think it my duty to resist a reduction of the pension to such an amount as would prevent persons of the highest legal talent in the country from accepting the office of Lord Chancellor.

Subject dropped.