[BILL 229.] COMMITTEE. (Hansard, 28 June 1880)

§ MR. WARTON
said, he objected to this Bill very much indeed, and he hoped it would not be proceeded with, because very few Members of the Legal Profession were now in the House, and his objection to the Bill was that the gentlemen who filled the position of 1084 Official Referees were so thoroughly inefficient for the duties they had to perform that, so long as they were in office, he objected to their having extended powers. He was aware that their powers were very limited, owing to the construction given to certain Statutes, and that it was advisable that Official Referees conjointly should have the same power as Arbitrators; but, on the other hand, his objection was that three, at any rate, out of the four Referees were so inefficient that it was no use giving them anymore power than they now possessed. He did not know whether he could move an Amendment that so long as the Official Referees were alive their powers should not be increased, because they were thoroughly inefficient.

§ THE ATTORNEY GENERAL (Sir HENRY JAMES)
said, he hoped the objection would not be pressed. The object of the Bill was to give a larger amount of duty to the Official Referees. The objection had been raised that, in consequence of the present rule, the Official Referees had not the power to settle arbitrations. The Bill was intended to remedy that defect, and gave the Referees that power. The Bill provided that the case should be referred to the Referees, and that they should perform certain duties. He protested against the idea that if those increased duties were thrown upon the gentlemen now in office as Official Referees they would not be properly performed; and, although on one occasion he had complained of the appointment of one of these gentlemen, he must say he had not heard any complaint of the manner in which they performed their duties. He did not think it right to indulge in criticism of so sweeping a character, unless it was backed up by some facts upon which they could rely. He believed that the Official Referees fulfilled their duties both to the satisfaction of the public and the suitors themselves. They would have a large amount of duty cast upon them. He trusted the hon. Member would allow the Bill to pass through Committee.

§ MR. WARTON
said, he thought the Attorney General's memory was at fault. He believed these gentlemen had a very small amount of business referred to them long before it was found out that their powers were limited.