HC Deb 12 June 1884 vol 289 cc87-90
SIR H. DRUMMOND WOLFF

asked Mr. Attorney General, Whether the attention of Her Majesty's Government has been called to the Report of the Judgment of the Lord Chief Justice of England in the case of Bradlaugh versus Newdegate, as contained in vol. xi. of the Law Reports of the Queen's Bench Division of 1883; whether Her Majesty's Government are aware that the Lord Chief Justice delivered himself in the course of that Judgment of the following remarks: — Mr. Bradlaugh's admission to the House of Commons, however, is a question in which a large number of persona have persuaded themselves that religion is involved; no one, the least acquainted with human affairs, hut must have seen again and again the strange obliquities of which men, absolutely honourable in all other matters, will be guilty in what they think defence of what they think religion." (p. 5)……"It is an ill fortune perhaps that to many men, though not to all, the cause of true religion seems to be concerned with the legal success or legal defeat of a particular person, whose legal success or legal defeat is really to the cause of true religion a matter of supreme indifference, yet in regard to whom (I speak only of what has been proved before me) recourse has been had to proceedings which, with regard to any other accused person, would have been sternly and universally condemned; and of which, unhappily, in the minds of many men, the cause of true religion is burdened with the discredit." (pp. 14, 15); whether the Lord Chief Justice of England is about to preside at the Trial at Bar in the case of Regina v. Bradlaugh; and, whether, having regard to the opinions above quoted, Her Majesty's Government are enabled to take steps to procure the trial of the case in question before a tribunal in which the Lord Chief Justice will not take part?

THE ATTORNEY GENERAL (Sir HENRY JAMES)

My hon. Friend opposite, I presume, in the absence of any reference to the report itself, has, most unintentionally I have no doubt, so separated the extracts he has placed upon the Notice Paper, that he probably has produced an entirely wrong impression as to the real expressions of Lord Coleridge. I hope, therefore, the House will allow me to read the portions of the context not quoted by my hon. Friend. The Lord Chief Justice said— It is my fortune to have to support this view in an action in which the defendant is a man whose character is entitled to great and true respect (he was then referring to the hon. Member for North Warwickshire, Mr. Newdegate), and in favour of a plaintiff (Mr. Bradlaugh) with whose opinions, openly enough avowed, I have no kind of sympathy… … Yet I will not call it an ill fortune, for many of the most precious judgments which these Courts have ever heard pronounced have been pronounced in favour of persons who, if English justice could ever he swayed by personal feeling, or could for a moment 'hedge aside from the direct forth-right,' would assuredly have failed to command success. And then, in reference to the proceedings in the particular trial, such as the investigation of the plaintiff's private banking book, the Lord Chief Justice employed the words of the second paragraph of my hon. Friend's Question. In answer to the second portion of my hon. Friend's Question, I reply that the Lord Chief Justice, in accordance with his duty, will preside at the Trial at Bar. Then my hon. Friend asks me whether Her Majesty's Government can take steps to prevent Lord Coleridge forming part of the tribunal which is to try the case? I wish to say, as emphatically and distinctly as I can, that Her Majesty's Government can take, and certainly will take, no steps whatever to interfere in any way with the selection of Judges who are to try any case. It would be bad enough, and a great evil, if any suitor, at any time, could take any part in selecting the Judges who are to try his cause; but I can conceive nothing worse, as regards the administration of justice, than that the Government, when the Crown is engaged in a suit against a subject, should select any Judge to sit, or prevent any Judge from sitting, unless, indeed, it be that such action of the Government should be prompted by any political action either by Question or debate in this House.

SIR H. DRUMMOND WOLFF

I wish to ask my hon. and learned Friend, Whether it is not the case that the Lord Chief Justice of Ireland, in consequence of some words which he had previously let drop, refused to take part in the trial of Mr. Parnell and others; and, whether the example of the Lord Chief Justice of Ireland, who is not an ex-Liberal Attorney General, might not be followed by the Lord Chief Justice of England?

THE ATTORNEY GENERAL (Sir HENRY JAMES)

The hon. Gentleman will forgive me if I take no notice of the personal reference in his Question. In answer to the Question, I have to say that the Lord Chief Justice of Ireland thought right to take action on his own motion; but in this case the Question of the hon. Gentleman is, whether the Government is to interfere and control the action of the Lord Chief Justice of England? We have no control over the action of the Judges.

LORD RANDOLPH CHURCHILL

Will either the defendant or plaintiff in this action be able to carry it before another and a higher Court; and, will the Judges who are to take part in the trial include any more ex-Liberal Attorney Generals?

THE ATTORNEY GENERAL (Sir HENRY JAMES)

I do not know if the House will approve of the tone in which the noble Lord has put this Question. I know nothing really, officially, of the Judges who are to try this case; but, personally, I believe I am correct in stating that the Judges who will sit with the Lord Chief Justice will be Mr. Justice Grove and Baron Huddleston. As to the case going to another Court, I am unable to answer the noble Lord as distinctly as I could wish. There is a doubt whether these are in the nature of criminal proceedings; but if they are in the nature of criminal proceedings, there is no appeal, and it will not be possible to take the case to another Court except by a motion in arrest of judgment on the ground of error in the record.

LORD RANDOLPH CHURCHILL

asked when the hon. and learned Gentleman would be able to solve the point?

THE ATTORNEY GENERAL (Sir HENRY JAMES)

I shall be able to solve that point when I get a judicial opinion of the Judges upon the subject. If Judges of equal learning differ upon the subject, it would be great presumption for me to give an opinion upon it.

MR. BIGGAR

Perhaps I may be allowed to ask Mr. Attorney General whether or not he is aware that it is the habitual practice to select particular Judges in Ireland to try particular cases; and, whether he and the Prime Minister will pledge themselves that that practice will not be continued in future?

THE ATTORNEY GENERAL (Sir HENRY JAMES)

I am not aware, so far as I can say, that it has ever been done; and, beyond that, I do not think it ever will.