SECOND READING. (Hansard, 28 March 1889)

§ *THE LORD ADVOCATE (Mr. J. P. B. ROBERTSON,) Buteshire
I move the Second Reading of this Bill.

§ DR. CLARK (Caithness)
I desire to enter my protest against this method of introducing new legislation for Scotland. I think it looks like an insult to Scotch Members to ask them at 12 o'clock at night to pass measures changing old Scotch law. I think the Lord Advocate should give us some reasons for bringing in this Bill.

§ *MR. D. CRAWFORD (Lanark, N.E.)
I think the observations just made by my hon. Friend show that there is an unfortunate tendency on the part of the Front Benches to introduce Bills of an important character without giving the House the advantage of any explanation of their 1108 provisions. Now, the truth is that this is a good and excellent Bill. It refers to a subject of which I know something, and I think the objects of the Bill are most proper. But this constitutes no reason why the Government should not take the trouble to explain to the lay Members of this House what its provisions are. I shall, indeed, leave it to the Lord Advocate to explain the provisions of the Bill. I only desire to ask one question with regard to the fourth Clause, which provides compensation for a certain officer, on the ground that his office is abolished. Now, Sir, I think the Lord Advocate, as much as any man in this House, will agree with me most cordially that the proper way is to call things by their right names. This officer may be entitled to some reward, or to some pension for services, but he is not entitled to compensation on the ground of abolition of office. But, Sir, his office is not to be abolished; its duties are to be extended and largely increased, and therefore I do not think it is right to say that the office is abolished by the Bill, and that the present owner should have special compensation.

§ *MR. J. P. B. ROBERTSON
If I abstained from speaking on the introduction of this debate, that course has been amply justified by the excellent speech of my hon. Friend opposite, who has pronounced the Bill to be a good one. The objects of the Bill are twofold. In the first place, it is proposed to combine the two offices of Accountant in Bankruptcy and what is called Accountant of Court in Scotland, in order to bring together the supervision of all estates in the hands of the Court, which had hitherto been separated, and for which separation there is no valid reason. At the present time, estates in the hands of the Court stand in this position. Some are subject to supervision by the Accountant in Bankruptcy, and some are subject to no supervision at all, although both classes of estates stand in the same category, as being estates for which the Court is responsible. It is desirable to bring together, under the supervision of an accountant, all estates, and therefore the two offices are to be merged, giving a general supervision of all estates in the hands of the Court. These are the main objects of the Bill; there are some minor provisions, into 1109 which I need not enter, because they are of a technical description, but I should like to inform the House that while the Bill purports to extend, and does extend, the supervision of the Court over estates, yet there is a reduction of expenditure on the offices in question. The hon. Member for North West Lanarkshire has referred to the fourth section. I need hardly say that this is merely one of the arrangements, settled under the very vigilant supervision of the Treasury, for the introduction of a new system, by permitting the retirement of a gentleman who has hitherto conducted one branch of the work, and who is not prepared to undertake additional duties. I do not think that any further guarantee is required for the efficacy of the provision, than the fact that it has been assented to by the Treasury. In the words of my hon. Friend opposite, I can only repeat that this is an excellent Bill, which is directed to secure increased efficiency and increased economy, and the combination of these two objects surely cannot be unpopular among hon. Members. I therefore hope they will accord the Bill a Second Reading, and devote their attention to securing in Committee any alterations which may be necessary.

§ *MR. HALDANE (Haddington)
It is a matter for congratulation that we have at last got to the consideration of a Scotch Bill before 12 o'clock at night. I think that we shall all agree that this is a useful Bill, seeing that it will provide for supervising the administration of estates in Scotland by judicial factors. I do not know whether the public are aware how costly the administration of these estates is. The most important provision in the Bill is, I think, contained in Clause 12, which provides, in effect, that English estates are to be handed over to judicial factors, who, I understand, give security, but not always to the satisfaction of the English Judges. I think a great deal may be said in criticism of this clause, but, on the other side, I think it will simplify matters a great deal, and put an end to much litigation. Notwithstanding this Clause, I think the Bill is a most useful one, and I think it ought to be read a second time.