§ Mr. LANSBURY by Private Noticeasked the Prime Minister whether any steps have been taken to set on foot the inquiry into the state of business in the King's Bench Division promised at the end of last Session, and, if so, what form the inquiry will take, what will be the terms of reference and what will be the membership of the commission?
§ The PRIME MINISTERThe King has been pleased to approve the setting up of a Royal Commission to inquire into this matter. The terms of reference are:
To inquire into the state of business in the King's Bench Division of the High Court of Justice and to report whether, with a view to greater despatch, any reforms should be adopted, and in particular what is the judicial strength required to deal with the business, Whether there should be any further fusion or further sub-division of the divisions of the Supreme Court, whether any alterations should be made in the Circuits of the Judges, whether any further measure should be taken for the devolution of work from the High Court to the County Court, and whether a retiring age should be imposed upon those appointed in the future to the Bench of the Supreme Court.684 The members of the commission will be:
- The Earl Peel (Chairman).
- Lord Hanworth.
- Mr. J. G. Archibald.
- My hon. Friend the Member for Montgomery (Mr. Clement Davies).
- Mr. W. T. Monckton.
- Mr. H. L. Murphy.
- Sir Claud Schuster.
§ The PRIME MINISTERSeveral, I imagine.
§ Mr. LANSBURYI am sorry to be ignorant as to the occupation of the gentlemen named, but when we were discussing this matter I thought it was generally agreed that some people other than those connected with the legal profession would be on the commission?
§ The PRIME MINISTERI also have to make certain inquiries. Earl Peel is independent; Lord Hanworth is Master of the Rolls; Mr. J. G. Archibald is a solicitor; the hon. Member for Montgomery is a barrister; Mr. W. T. Monckton is Recorder of Hythe; Mr. H. L. Murphy is a barrister; and Sir Claud Schuster is Secretary to the Lord Chancellor.
§ Mr. LANSBURYIs it not possible to add one or two other members representative of the general public? I mean people who are not connected with the law, because this is a matter which concerns litigants quite as much as others. During the discussion in this House a great point was made by a legal gentleman here that what was wanted was cheaper and quicker procedure for litigants. It seems to me that a commission of that kind should have on it representatives of those whose cases have to be dealt with in the courts.
§ Mr. HOLFORD KNIGHTConsidering the representation which has been made by the Chambers of Commerce as to these matters, will the Prime Minister consider the propriety of putting on this commission some one representing the commercial community?
§ The PRIME MINISTERI have read out the names of legal gentlemen, and they are specially interested in the fate of commercial litigation. They are in- 685 terested in the dispatch of that class of business.
§ Mr. LANSBURYThe point was that the administration of justice required cheapening, and I do not think that any of the gentlemen mentioned are very much interested in that, or are very poor people.
§ The PRIME MINISTERMy right hon. Friend will see at once that if we are going to deal only with the question of cheapness of legal administration, that is a totally different subject. The terms of reference of the commission are to inquire into the state of business in the King's Bench Division, and the delays. That is the subject of inquiry.
§ Mr. LANSBURYThe only other question I put is this: During the Debate in this House a gentleman representing the legal profession made a strong point about the cheapening of the administration of justice and the fees that people had to pay to certain advocates, and we understood that that subject was to be included in the inquiry. If the Prime Minister will ask someone to look at the OFFICIAL REPORT, he will see the point I am making.
§ Sir A. M. SAMUELAs the object of this investigation is to reduce the congestion of business in the High Court, would it not be advisable to ask a very experienced county court judge to join the commission?
§ The PRIME MINISTERWhen my hon. Friend examines the names, I think he will find that those who are interested in the dispatch of litigation are very strongly, specially strongly represented.
§ Mr. MORGAN JONESIs the Prime Minister satisfied that among those names there is due weightage given in this matter to the provinces, who are very closely interested in the expenditure involved in the discussion of their cases in the High Court in London?
§ The PRIME MINISTERYes, I am. I have put certain questions and received certain information as to the kind of work done by these gentlemen. I think it is a very representative commission and that it could not very well be more representative without over-weighting the numbers.