HC Deb 01 May 1911 vol 25 cc20-5
Mr. WATT

asked the Lord Advocate in what counties in Scotland advisory local committees have been set up to draw up lists for submission to the Lords Lieutenant of persons eligible for the position of justice of the peace; and whether the Scottish Office is taking any action to hasten the formation of such local committees?

Mr. PRIMROSE

asked the Prime Minister whether he contemplates any change in regard to the appointment of justices of the peace?

Mr. BECK

asked the Prime Minister whether, having in view the dissatisfaction and mistrust felt concerning the present method of appointing persons to serve as justices of the peace, he will consider the advisability of affording to the Members of this House an early opportunity for the discussion of the whole question?

Mr. WEDGWOOD

asked the Prime Minister whether he can make any statement as to the future appointments to the county bench?

Mr. MacCALLUM SCOTT

asked what definite steps have been taken during the past year to secure a more satisfactory method of selecting justices of the peace?

Mr. KING

asked the Prime Minister whether, in view of the dissatisfaction which has been expressed for years past with the composition and decision of many benches of magistrates, he will either modify the existing magistracy by a large number of new appointments or will introduce legislation by which magistrates should retain office only for a limited period subject to possible reappointment?

Mr. AGAR-ROBARTES

asked the Prime Minister whether he will give a day for the discussion of the appointments of justices of the peace?

Mr. HAROLD PEARSON

asked in how many counties advisory committees have been appointed to help the lords lieutenant and the Lord Chancellor in the selection of magistrates; whether these committees have proved successful; and whether they have tended to reduce political bias as a factor in the selection of the magistrates?

Mr. KING

asked the Prime Minister whether he has considered how largely the dissatisfaction with the county magistracy has resulted from the practice of allowing to the lords-lieutenant of counties control of the appointments made to the county benches; and whether he will take steps to have appointments made in future to county benches without any reference to lords-lieutenant?

Mr. HIGHAM

asked the Prime Minister how many advisory committees have been formed for the purposes of consultation on the question of magisterial appointments; and if he can give to the House a list of such committees with the names of the persons forming each?

Mr. MORTON

asked whether county magistrates are appointed by the Lords Chancellor of Great Britain and Ireland without in all cases the recommendation of lords-lieutenant?

The PRIME MINISTER

I regret that there has been some delay in giving my answers to the questions on the Paper. It has been due solely to the fact that, of necessity, I am not personally familiar with these matters, and desired to make my information and reply as complete as possible. These questions relate mainly to the advisory committees which were unanimously recommended by the Royal Commission, on the suggestion of the Lord Chancellor himself, a very representative and authoritative body, which made a laborious inquiry into the whole matter lasting for the best part of a year, and which presented its report as lately as last July. In England twenty-two of these committees have been appointed, in Wales five, and in Scotland nine, making thirty-six in all. Arrangements for the establishment of committees are now proceeding in seventeen English, four Welsh, and ten Scottish counties, and when they are completed sixty-seven committees will have been set up. The course adopted has been to proceed to the setting up of committees as and when the Lord Chancellor is informed that more justices of the peace are wanted for any county, and it is expected that committees will be established in all the counties by August.

Perhaps the hon. Members will apply to the Lord Chancellor's Office for particulars of the counties affected, as it would take too long to read them to the House. As regards the composition of these bodies, it goes without saying that the Lord Chancellor will see that they are fairly and properly constituted and are of a representative character. There is no secret whatever as to the names of the members of the various committees, and there could be no objection to the names being sent to the clerks of the peace so as to be available for local publication. Hon. Members will find the recommendation of the Royal Commission on page 12 of their Report, but I may add, on behalf of the Lord Chancellor, that it is intended that the committees shall consider any names that they may think fit for the Commission of the Peace. The Lord Chancellor does not propose to recommend names to them. If, as a matter of convenience, it is desired by any responsible person to submit names to the committees, no doubt the Lord Chancellor will transmit them, but without comment, though it would be more convenient if suggestions were sent to the committees direct. Finally, I may point out that the Royal Commission advises that the members of these committees shall all be free to communicate with the Lord Chancellor, and in the somewhat unlikely event of such communications being made they will, I need hardly say, be entertained and inquired into by my Noble Friend. The Lord Chancellor has every expectation that when these committees get to work the results will be satisfactory, and I share his hope. It was with the view of getting reliable local assistance that he suggested the system of committees, and I may say that there are seventy-eight counties with 750 petty sessional divisions and 227 boroughs. All the counties and boroughs have separate commissions and, for practical purposes, the petty sessional divisions are mostly independent of one another. All these have to be manned with justices by the Lord Chancellor, with the exception of Lancashire, and that is why he wanted the assistance of local committees. Although there is no question bearing on the point, it may be convenient if I add that as regards boroughs it is the Lord Chancellor's intention to act upon the recommendation of the Royal Commission and appoint committees where they may be required or desired, and he expects that it will be practically universal.

I come now to the desire expressed by some of my hon. Friends, that an opportunity should he given to the House for discussing the general question of the appointment of magistrates. The Lord Chancellor wishes very much that a day should be given for discussion. The Lord Chancellor writes to me as follows:—

"As you are aware, I have always regarded the duty of appointing justices as belonging exclusively to my office, and my colleagues have taken no part in it. I alone am responsible. The principles upon which this business has been transacted in my time were explained in my evidence before the Royal Commission last year. They were adopted very deliberately. I believe they are sound, and I shall certainly adhere to them as long as I remain Chancellor, availing myself of the assistance I expect from the Committees recommended by the Royal Commission."

But in a matter of this kind he is, of course, willing to leave the decision in my hands; and, in view of the fact that the changes recommended by the Royal Commission have been so recently introduced, and that only about a dozen of the new committees, as I am informed, have as yet actually forwarded recommendations to the Lord Chancellor, I cannot help feeling that such a discussion would, at this moment, be premature, and that in the absence of evidence as to the working and results of the new machinery, it could throw no adequate light upon the question.

Mr. PRIMROSE

May I ask the right hon. Gentleman if he will reconsider his decision about giving us a day for the discussion of this subject in view of the fact that in my own Constituency, where an Advisory Committee has been set up, the Lord Chancellor has appointed six magistrates without consulting the Committee?

The PRIME MINISTER

I do not know what may be the exact facts in the constituency of my hon. Friend, but I think that the general considerations which I have given are sufficient to show that we had better wait until we see how the Committees will work out.

Mr. PRIMROSE

May I ask the right hon. Gentleman if he can reconsider his decision, as I should like to state the facts of the case to which I have called attention?

Mr. WEDGWOOD

Is the right hon. Gentleman aware that we have asked for a day to discuss the appointment of these Advisory Committees after the Report of the Royal Commission was made, and whether, on this ground, we may not have a discussion now before other committees are appointed?

The PRIME MINISTER

I was not aware of that. If my hon. Friend will refer me to what was said I will consider it.

Mr. BYLES

Will the machinery which the right hon. Gentleman has described be extended to the Duchy of Lancaster?

The PRIME MINISTER

I think it exists there now.

Mr. MARTIN

May I ask the right hon. Gentleman whether there will be one Advisory Committee for the whole of London, or will there be an Advisory Committee for each borough in the metropolis?

The PRIME MINISTER

I must ask my hon. Friend to give notice of that question?

Mr. KING

Will any expenditure fall upon the Estimates in connection with this matter, and, if so, may we have opportunity for discussion by putting the Vote down at an early date?

The PRIME MINISTER

I do not think any expenditure will be incurred which will fall upon the Estimates.

Mr. MALCOLM

Will the right hon. Gentleman for the convenience of the House publish as a Parliamentary Paper the names of the Advisory Committees?

The PRIME MINISTER

That seems to be a very reasonable suggestion, and I will see if it can be carried out.

Mr. VINCENT KENNEDY

asked whether there is mistrust felt in many parts of Ireland in reference to the present machinery used in the appointment of magistrates; and will he have the position of county Cavan specially reviewed, in view of the fact that the present number of Catholic magistrates in that county would have to be increased from seventy-eight to 351 if the various denominations were represented on the bench in proportion to their population?

Mr. BIRRELL

The appointment of magistrates cannot be determined simply by reference to the divers religious beliefs of the population. I am not aware that any mistrust exists, and I have no power to take the course suggested. There are now eighty-one Roman Catholic magistrates in the county Cavan, and of these fifty-four have been appointed since the 1st January, 1906, with the sanction of the present Lieutenant of the county, who is always desirous to give due representation on the bench to Roman Catholics.

Mr. KENNEDY

Will Committees be set up in Ireland also?

Mr. BIRRELL

I should like to have a little time to see how they work in England.