HC Deb 21 May 1935 vol 302 cc987-8

5.10 p.m.

The ATTORNEY-GENERAL

I beg to move, in page 120, line 9, after the first "Court," to insert:

  1. "(a) from any judgment of the Federal Court given in the exercise of its original jurisdiction in any dispute which concerns the interpretation of this Act or of an Order in Council made there under, or the ex tent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of any State, or arises under an agreement made under Part VI of this Act in relation to the administration in any State of a law of the Federal Legislature, without leave; and
  2. 988
  3. (b) in any other case."
In the Committee stage my Noble Friend the Member for Hastings (Lord E. Percy) raised the criticism that the recommendation of the Joint Select Committee had been departed from in one important respect, namely, that the Bill did not make all appeals to the Privy Council appeals as of right in constitutional cases. The Bill appeared to him to be drawn so as to make appeal to the Privy Council dependent upon leave having been obtained either in the Federal Court or on petition for leave to appeal presented to the Judicial Committee. This Amendment will, I hope, remove the possibility of that criticism being made.

Amendment agreed to.