HC Deb 29 July 1925 vol 187 cc420-1
39. Mr. MURROUGH WILSON

asked the Attorney-General if he is aware of a rule by which persons connected with the wine and spirit trade who are elected to the position of mayor of a borough are disqualified from acting as magistrates during their term of office?

The ATTORNEY-GENERAL (Sir Douglas Hogg)

No, Sir. The Lord Chancellor, in accordance with the practice of his predecessors, does not appoint persons who are the holders of licences for the sale of intoxicating liquor to be magistrates; but this does not prevent a person who is connected with the wine and spirit trade, and who is elected to the position of mayor of a borough, from acting as a magistrate during his term of office. He is, however, disqualified by Statute from sitting on the licensing bench.

Mr. WILSON

Can the right hon. and learned Gentleman say why there should be a rule which disqualifies a man from being appointed a magistrate, although allowing the same man to be a magistrate even in the succeeding year?

The ATTORNEY - GENERAL

The right to sit during his year of office is a right which the holder of the position of mayor has by Statute. It does not rest on any appointment. My Noble Friend the Lord Chancellor has merely been following the practice, which I think has prevailed for a good many years, of not appointing persons who are holders of licences to permanent seats on the bench.

Sir GRATTAN DOYLE

Is the right hon. and learned Gentleman aware that, notwithstanding what he has just said, there are in the country numerous magistrates who are holders of licences in their own names?

Sir H. CROFT

May I ask whether it is also intended to exclude from these licensing benches those who are known to be teetotal fanatics?

Mr. WILSON

May I ask the right hon. and learned Gentleman whether by any stretch of imagination it can be said that a man who is eligible one year is ineligible another year?

Mr. SPEAKER

That is a matter for Debate rather than for Question Time.