§ MR. ARTHUR ELLIOTasked the Secretary of State for the Home Department, Whether any fuller information can be given as to the contemplated rearrangement of Scotch Business; and, how it will affect the position of the Lord Advocate?
§ SIR WILLIAM HARCOURTSir, I am glad my hon. and learned Friend has asked this Question, which was placed on the Paper the other day, but not put, by another hon. Member (Mr. Dick-Peddie), because there seems to have been some misapprehension on the subject, which it is desirable to remove. I desire to state that the relations of the Lord Advocate with the Political Departments of the Government, through the Secretary of State, remain what they have always been. The Secretary of State is, as he always has been, responsible for the administration of Scotch affairs; and, in the discharge of that function, he necessarily requires the assistance of officials well versed in the Business of that part of the United Kingdom. That Business involves a variety of details, partly consisting of legal questions and partly of administrative matters, with which members of the Bar have no special acquaintance, such as county and borough business, highways, Poor Law, local taxation, asylums, fisheries, education, prisons, mines, factories, and many other subjects. It was found necessary to give the Secretary of State some further assistance in dealing with matters of this description by the appointment, in the Home Office, of someone who could have leisure to devote himself particularly to this class of Business. It is not to be considered that, in providing this additional aid for the Secretary of State, any political change has been made in the functions or authority belonging to the Office of Lord Advocate. I may mention to my hon. and learned Friend that the late Government were so strongly impressed with this view of the matter that, in 1878, they introduced a Bill of which the Preamble stated that it was necessary to make some additional provision for the conduct of Scotch Business, and by which it was proposed to 819 create an additional Secretary of State. That Bill had on the back of it the names of the Secretary of State for the Home Department and the Lord Advocate of the late Government (Lord Watson); and, therefore, I think that will show that the then Lord Advocate was not of opinion that such an arrangement would be derogatory to his Office. And I have no reason to believe that either the present or the last Lord Advocate have seen anything detrimental to the dignity of this high Office in the arrangements which have been made. The Lord Advocate will continue, I need not say, as he has always done, to take a principal part in the conduct of Scotch Business in the House of Commons.
§ GENERAL SIR GEORGE BALFOURThe Secretary of State has entirely failed to give us information as to the channel of communication on Scotch Business. [Cries of "Oh, oh!" and Order!"] I am entitled to ask a Question. What I would say is this—hitherto we have applied to the Lord Advocate in all cases when we had Business to transact. Are we in future to apply to the Secretary of State direct, or are we still to use the channel of the Lord Advocate in obtaining information or transacting Business? I think it is not at all creditable to the present Government to allow Scotch Business to be handed over as it has been.
§ SIR WILLIAM HARCOURTI need not state that when I have very able assistants who can transact Business better than myself I am always glad that they should do it; and the Lord Advocate and the Solicitor General for Scotland, having seats in this House, will always have a principal share in the conduct of Scotch Business, as they always have had. I only hope that they may be able to render me assistance in English Business also, of which I shall stand very much in need.