HC Deb 11 February 1858 vol 148 cc1168-9
MR. W. EWART

said, he would beg to inquire of the First Lord of the Treasury whether any measure is in contemplation for the appointment of a Minister of Justice, or for the establishment of a system of public prosecution, in accordance with the recommendation of a late Committee of the House of Commons?

VISCOUNT PALMERSTON

Sir, the question of the establishment of a Minister of Justice is one which is considered by all parties to be full of difficulty. The model upon which such a department must be framed—the Ministry of Justice in France, for instance—has functions and powers totally incompatible with the Constitution of this country. It is impossible that a Ministry of Justice, such as exists in France, could be established in this country. It has power, for instance, over all magistrates; it names them, and removes them, and it has functions which are quite inconsistent with our practice. With regard to the appointment of a public prosecutor, no steps have as yet been taken for that purpose.

MR. WARREN

Does the answer of the noble Lord refer to a Department of Justice as well?

VISCOUNT PALMERSTON

It has been suggested, and the suggestion is deserving of consideration, that some arrangement might be made for the bettor examination and preparation of Bills proposed to the two Houses. That is an arrangement which has been under consideration; there are some difficulties attending it, and I cannot say at present that there is any measure prepared with respect to it.

MR. W. EWART

My question had reference simply to legal administration. I had no such model as the French Minister of Justice in my mind.

VISCOUNT PALMERSTON

It is hoped that some arrangement may be made for the establishment of a system by which the Bills brought before Parliament may be properly examined. Of course, no department of the Government could have any control over the legislation of the country. That rests with Parliament. All that can be done is, to see that no mistakes creep into Acts of Parliament—that provisions are not inserted clashing with enactments already in force.