HC Deb 13 February 1888 vol 322 cc256-7
MR. BRYCE (Aberdeen, S.)

asked the First Lord of the Treasury, Whether the Judge Advocate General, in going to Cairo to press certain claims of the ex-Khedive Ismail against the Egyptian Government, went on behalf of Her Majesty's Government, or as the private agent of the ex-Khedive Ismail; or whether, if he went in the latter capacity, he received any, and what, permission or authorization from Her Majesty, or any person on behalf of Her Majesty, to undertake to press the claims of a private person against a Foreign Government?

THE FIRST LORD (Mr. W. H. SMITH) (Strand, Westminster)

The Judge Advocate General went to Cairo in October last, I think it was as the agent of the ex-Khedive, and in his private capacity. In regard to the second part of the Question, I have to say that he did not apply for authorization from Her Majesty's Government, or to any person on behalf of the Government, and, therefore, did not receive any. It was known to all parties concerned that he was acting in his professional, as distinct from his official, capacity; and I believe it was also pretty well known that he had acted for the ex-Khedive in a professional capa- city for a long time prior to his entrance into the Government.

MR. OSBORNE MORGAN (Denbighshire, E.)

I beg to ask the right hon. Gentleman, Whether before the appointment of the present Judge Advocate General in 1885, there is any precedent for the holder of that Office continuing to practise as Counsel in the Courts of Law; and, whether he is aware of any case in which a Minister of the Crown, holding that or any similar Office under the Queen, has been retained as an advocate to prosecute a personal claim against a Foreign and friendly Government?

MR. W. H. SMITH

Prior to 1885, I am informed there were cases of holders of the Office of Judge Advocate General practising as Counsel in arbitrations, but not in Court. I am not aware of any case of the character mentioned in the last paragraph of the Question.

MR. BRYCE

Do I understand that the Judge Advocate General went to Cairo without any communication whatever being made by him to the Head of Her Majesty's Government, and that Her Majesty's Government have no knowledge and no responsibility in the matter?

MR. W. H. SMITH

I think it is desirable that Notice should be given of Questions of this character. I must ask the hon. Gentleman to be so good as to give Notice.

MR. OSBORNE MORGAN

In consequence of the answer of the right hon. Gentlemen, I beg to give Notice that on the question of the administration of military law in the Army Estimates, or possibly on an earlier occasion, I will call the attention of the House to the whole of this subject.

MR. LABOUCHERE (Northampton)

Can the right hon. Gentleman state whether the Judge Advocate General continued to receive the emoluments of his office while he was in Cairo?

MR. W. H. SMITH

The Judge Advocate General, in common with all other servants of the Crown, is entitled to a holiday. He spent that holiday in travelling from London to Cairo, and returning from Cairo to London.