HC Deb 23 November 1914 vol 68 cc921-2

Section sixteen of the Sheriff Courts (Scotland) Act, 1907, shall be amended by the insertion after the word "ill-health" therein occurring of the words "or other reasonable cause."

Mr. WATT

I beg to move to leave out the words "or other reasonable cause" to insert instead thereof the words "for military service." I called attention to this matter on the Second Reading of this Bill. The measure has been brought in in order to enable Sheriff Substitutes in Scotland to serve during the War, and, in a memorandum issued with this measure that is set out. But in the phraseology of the Clause with which we are now dealing, instead of using the words "for military purposes" the words used are "or other reasonable cause." These Sheriff Substitutes are a monopoly of the Scottish Bar, as I think, unfortunately. The Scottish Bar is the most exclusive Bar on the face of the earth. It is the most expensive Bar to enter, and that is a state of things which exist in a Radical country. I take the liberty of thinking that this is not the time to extend the privileges of these Sheriff Substitutes. They ought not to be permitted by this measure, when it becomes an Act, to absent themselves from their duties for "other reasonable cause." The War should not be taken advantage of by the Lord Advocate to extend the right of Sheriff Substitutes to enable them to absent themselves from their arduous duties whenever they can satisfy the Secretary for Scotland, or the Lord Advocate, that there exists "reasonable" cause. I understand the Lord Advocate, although he is not willing to accept the Amendment is prepared to compromise, and, in those circumstances, I beg to move.

The LORD ADVOCATE (Mr. Munro)

I have had an opportunity, since the Second Reading of the Bill, to consider the suggestion of my hon. Friend. No doubt his watchful eye has detected a certain objection to the Bill as drawn. I will not enter into the criticism he levelled against the Scottish Bar at this stage, although I think it quite unfounded, but I will confine myself to the merits of the Amendment he has moved. I admit there is some justification for the criticism he has made, but I demur to the means by which he proposes to give effect to that criticism, because I think, if his Amendment were carried as framed, it would unduly narrow the legitimate ambit of this Bill, and also unduly narrow its administration. I am quite willing to meet my hon. Friend on the subject, and what I propose to do is to leave the words as they are, but when we reach Clause 2 of the Bill to move an Amendment which would limit the operation of the measure to the time of the War, and to a period of six months after the end of the War. That would make this measure, strictly speaking, an emergency Bill, and I think my hon. Friend can have no objection to that proposal. I would suggest, therefore, that he be good enough to withdraw the Amendment which he has moved, on the understanding that on Clause 11 I will move the Amendment I have indicated, which I think will meet the purposes at which he is aiming.

Mr. WATT

In the circumstances, I beg to ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.