HC Deb 01 April 1935 vol 300 cc145-7

Motion made, and Question proposed, "That the Clause stand part of the Bill."

9.44 p.m.

Mr. CHURCHILL

May we have am explanation from the Government of the purpose of this Clause? The learned Solicitor-General has shown himself ready to dispute all the issues raised on Clause 194, and perhaps he will take the opportunity of making a similar intervention on this Clause.

9.45 p.m.

The SOLICITOR-GENERAL

This Clause deals with the appellate jurisdiction of the Federal Court and provides that if in a case in the High Court it appears that a substantial question of law involving an interpretation either of this Bill or any Order-in-Council made under it arises, there shall be a right of appeal to the Federal Court if the High Court certifies that such a question of law arises. The second part of the Clause says that a person can appeal on that ground once he has got his certificate. There may be other grounds in the case, and, if they are proper grounds for appeal, leave may be given.

Mr. CHURCHILL

On major questions of fact?

The SOLICITOR-GENERAL

The Clause says: on any ground on which that party could have appealed without special leave to His Majesty in Council. Subject to that, the Federal Court have a further discretion if they think there is a possible appellate matter. The main purpose of the Clause is to ensure that appeals which involve questions of the interpretation of the Constitution shall go to a higher court.

Mr. CHURCHILL

I take it that the matters that will be taken to appeal will be matters of substance, and not trivial matters involved within the scope of a purely technical legal decision.

The SOLICITOR-GENERAL

Yes.

9.48 p.m.

Mr. EMMOTT

I have an Amendment on the Paper which was not called, but the matter of which I should like to mention. I take it that I am correct in supposing that this Clause does not in any way affect the appeal that now lies, and will, I imagine, in future lie to His Majesty in Council from a High Court in British India, where no question of law as to the application or interpretation of this Act is involved?

9.49 p.m.

The SOLICITOR-GENERAL

Nothing in the Clause affects the right of appeal to the Privy Council in cases outside the Clause. In cases that fall within the Clause, which involve matters of interpretation of the Constitution, parties will have to go to the Federal Court. There is a further right of appeal from the Federal Court to the Privy Council in a later Clause.

Mr. CHURCHILL

I think that in view of the explanation which has been given by the learned Solicitor-General, for which we are indebted to him, my hon. Friend may feel reassured in regard to the subject matter of his Amendment, that we might allow the Clause to pass without a Division.