HC Deb 25 February 1932 vol 262 cc564-5
Mr. O'CONNOR

(by Private Notice) asked the Lord President of the Council whether the course taken under the Economy Act and Order in Council in reference to the Judges has not impaired the independence of the Judges and the position they have occupied in the Constitution since the passing of the Act of Settlement; and whether his attention has been called to the grave doubts which are entertained by eminent jurists as to whether the above Act and Order have legally affected the Judges?

Mr. BALDWIN

The House is aware that doubts have been expressed by eminent jurists as to whether the Economy Act, and the Order in Council made under it, were legally applicable to the Supreme Court Judges. The Judges themselves, while they were all of them ready to share the burdens that have been undertaken by the whole nation at the present time, were gravely concerned lest the constitutional status of their office should have been in any way impaired. I am glad to take this opportunity of repeating the assurance, already conveyed to the Judges, that nothing has been further from the intention of the Government than to derogate in any way from the special position in which His Majesty's Judges stand by virtue of the Act of Settlement, the Act of 1 George III and later Statutes, or to affect, directly or indirectly, the independence, security or prestige of their high office.

Mr. T. WILLIAMS

Do we understand from the right hon. Gentleman's reply that the actual reduction has never been under consideration, but merely the legal point of view?

Mr. BALDWIN

Yes, Sir, there has never been any question of the Government making any change. The whole discussion has been on the constitutional ground. I am glad to assure the House of that fact.

Mr. WILLIAMS

If reductions have not been so far under consideration, may I ask whether, in view of the almost certain increase in the cost of living, certain reductions have been taken into consideration?

Mr. BUCHANAN

May I ask the Prime Minister, seeing that the hon. and learned Member for Central Nottingham (Mr. O'Connor) has stated in his question that the reductions have impaired or have given cause to think that they might have impaired the course of justice in the courts—

HON. MEMBERS

No.

Mr. O'CONNOR

The words of my question were "whether the course taken under the Economy Act and Order-in-Council has not impaired."

Mr. BUCHANAN

Yes, but seeing that the question says that the course taken by the Government and the Order-in-Council might have impaired the course of justice, I want to ask the right hon. Gentleman whether the question of wages and salaries of judges in any way affects the judicial status of the Bench?

Mr. BALDWIN

I think the hon. Gentleman has not quite got the point, which is rather technical and complicated, and is one that, I confess, was quite new to me. It was a question of a legal position which had not been dubitable in the case of any other section of the community, and it raised an important question of principle, which is now settled.

Mr. THORNE

May I ask the right hon. Gentleman whether he noticed that the hon. Member for Gorbals (Mr. Buchanan) addressed him as "Prime Minister"? Is the hon. Member anticipating events?

Mr. BALDWIN

I am afraid I did not hear it.