HC Deb 21 January 1897 vol 45 cc196-7
MR. SWIFT MACNEILL

I beg to ask the Attorney General (1) whether it is usual to appoint, as a Special Commissioner of Assize to take the place of one of Her Majesty's Judges, for the adjudication of cases both criminal and civil, a Member of the House of Commons, and what are the precedents for this course; and (2) whether it is usual when a Queen's Counsel is appointed to take the place of one of Her Majesty's Judges as Commissioner of Assize on a circuit, to select a gentleman who is a practising barrister on that circuit, and what are the precedents for this course?

THE ATTORNEY GENERAL (SIR RICHARD WEBSTER, Isle of Wight)

In reply to the first paragraph of the hon. and learned Member's question, it is not usual to appoint a Member of the House of Commons as a Special Commissioner of Assize, nor am I at present aware of any such appointment. As I understand that the hon. and learned Member has put this question in consequence of the fact that the hon. and learned Member for Deptford (Mr. Darling) acted as Commissioner for the Oxford Circuit, I think it right to say that he was not appointed a special Commissioner of Assize. All the Queen's Counsel practising on every circuit are included in the Commission of Assize, and, if necessary, are constantly asked to sit and assist Her Majesty's Judges in the discharge of business, both civil and criminal. I may mention here that 21 Members of this House were included in the Commissions of the last circuit, including the late Home Secretary, both the Law Officers of the Crown, the late Chairman of Committees, and a number of other distinguished Members of the House. The name of the hon. and learned Member for Deptford was included in the Commission in the ordinary way, and he sat by virtue of that fact.

MR. SWIFT MACNEILL

I think the hon. and learned Gentleman misunderstands the drift of my question. I want to know whether the hon. and learned Member for Deptford did not sit in substitution for one of the ordinary Judges of Assize, and not as an auxiliary, and whether he did not go the whole circuit as Judge of Assize?

THE ATTORNEY GENERAL

The hon. and learned Member for Deptford filled the place of second Judge, and he did a great deal more work than a Queen's Counsel has been called upon to do, but except in that sense he fulfilled no other function. I can scarcely say that he went in place of the learned Judge, because the Lord Chief Justice, who would have taken that circuit, actually transacted the business at Heading and Oxford. Subsequently to that the hon. and learned member for Deptford, without fee or reward of any sort or kind, undertook to fulfil the duties of the office. ["Hear, hear."]

MR. SWIFT MACNEILL

Is there any precedent for a Member of the House of Commons going as Judge of Assize from town to town and coining back to the Lobby to vote?

THE ATTORNEY GENERAL

There are a number of precedents of Queen's Counsel, Members of this House, who have sat and have tried cases, both civil and criminal, on circuit, sometimes for two or three days together, and then returned to the Lobby to vote—that is if they did their duty. [Laughter].