CLAUSE 18.—(Rules council.) (Hansard, 18 July 1933)

§ The LORD ADVOCATE
I beg to move, in page 12, line 35, to leave out from the word "appointed"to the end of the Sub-section, and to insert instead thereof the words: on the first occasion by the Lord President and thereafter by the General Council of Solicitors in Scotland. (2) The members of the Rules Council, other than the Lord President, shall, so long as they retain the respective qualifications hereinbefore prescribed, hold office for three years and be eligible for reappointment. (3) Any vacancy in the membership of the Rules Council occurring by death, resignation, or other cause prior to the expiry of three years from the date of appointment of the member whose office is so vacated shall be filled by the appointment by the person or body by whom that member was appointed of another person possessing the same qualification: Provided that—

(i) where the vacancy occurs after the first day of March, nineteen hundred and thirty-four, and the member whose office is vacated was a solicitor appointed by the Lord President, such vacancy shall be filled by appointment by the General Council of Solicitors in Scotland; and

(ii) any person appointed in pursuance of this sub-section to fill a vacancy shall remain a member of the council only until the expiry of three years from the date of the appointment of the member whose office is so vacated."

The effect of the Amendment is to leave out the latter part of the first Sub-section of Clause 18 which sets up the Rules Council. The effect of the proposed alteration is two-fold. First, it puts the power of appointment in the first instance in the hands of the Lord President. In the second place, it makes provision for the filling of casual vacancies.

§ Mr. C. WILLIAMS
As there does not appear to be any Scottish Socialist Opposition, may I ask why this question of filling up casual vacancies was left out from the original Bill? We are practically recasting this Clause, and it is usual in such a case to be told why this provision was left out in the first place. We have to watch carefully when these big drafting Amendments are made, for something may be done by the Law Officers, and six months afterwards a curious case may arise and great difficulties occur.

§ The LORD ADVOCATE
When the Bill was drafted it was not noticed that no provision had been made for filling casual vacancies. It was not even noticed by the hon. Member for Torquay (Mr. C. Williams).

§ Mr. C. WILLIAMS
I am not the official Opposition. I cannot carry my own burden and that of the Opposition also.

§ The LORD ADVOCATE
I was pointing out that the hon. Member did not raise this matter in Committee or we would have put it right in Committee. We are now putting it right by providing for the case of a casual vacancy and certain other cases.