HC Deb 11 July 1889 vol 338 cc125-6
ADMIRAL MAYNE (Pembroke and Haverford west)

I beg to ask the First Lord of the Admiralty whether it is the case that the Naval Authorities at the home ports are denied the advantage of any legal advice (Except in criminal cases), without the permission of the Treasury Solicitor; whether it is true that the bill of costs of the agents of the Treasury Solicitor has been disallowed in cases where the permission has not been first obtained; and whether, as this practically deprives the Naval Officers at the ports of legal advice altogether (except in criminal cases) where prompt decision is necessary, he will consider the advisability of reviving the old plan of the Admiralty having their own law agent at each port?

THE FIRST LORD OF THE ADMIRALTY (Lord G. HAMILTON,) Middlesex, Ealing

Up to 1881 it was the practice of the Naval Authorities to refer all local legal questions to the Admiralty legal agents at the ports. The result was that bills of costs were frequently incurred in respect of business which could as easily have been disposed of by the Treasury Solicitor and his staff without any expense at all. It was in view of this fact that the Admiralty circular of March 3, 1881, was issued, introducing the present system, and providing that local legal advice should not be resorted to (except in criminal cases) without the permission of the Treasury Solicitor. This arrangement has worked well, and has the advantage of constituting one person responsible for all legal actions taken in the name of the Admiralty, with a considerable saving of expense. On some very rare occasions certain expenditure in connection with the employ- ment of local agents has been disallowed, but only when they have acted in contravention of the regulations. The assistance of the Treasury Solicitor is always available for the Naval Authorities at the home ports, and, with telegraphic communication, the advice of a local legal adviser is considered unnecessary. It is in the power of the Treasury Solicitor to employ a local agent when he considers the case requires it. The system in force at the Admiralty exists at the War Office and for the military stations throughout the Kingdom, and no difficulty has arisen. It would not, in my opinion, be advisable to revert back to the old system.