HC Deb 02 April 1935 vol 300 c243

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

5.33 p.m.

Sir REGINALD CRADDOCK

I only want to ask a question regarding this Clause. It does not seem to be quite clear as to how many States and what kind of courts will have sufficient status to be termed a high court for the purposes of the Act. As the right hon. Gentleman is well aware, there are very few States which have anything that can possibly be called a high court. In fact, there are cases in which there are magistracies which are not qualified in any way to have the status of a high court or to have appeals considered by the Federal Court. It is possible that certain States, if they federate, might combine by agreement to have a common court for those States which might be considered qualified to be a high court. In the absence of anything of that nature in this Clause, it is very difficult to know by what principle and what method a court qualified to be a high court in the Federal State will be determined. I should like the Government to give me such information as they can of their intentions in the matter of these High Courts in the Federated States.

5.34 p.m.

The SOLICITOR-GENERAL

Under this Clause, it will be for the Crown to say what courts should be determined to be high courts for the purposes of this part of the Act. Such decisions will be by the Crown after communication with the Ruler of a State, but the decision will rest with the Crown.

Question put, and agreed to.