HC Deb 21 May 1935 vol 302 cc1034-5
Sir S. HOARE

I beg to move, in page 142, line 36, to leave out from "the," to the end of the Sub-section, and to insert: High Court shall be consulted before a recommendation as to the making of any such appointment is submitted to the Governor.

Mr. ATTLEE

May we have some explanation of this Amendment? As I read it, the Minister is eliminated altogether from the appointment of persons to the post of district judge, and, instead, the High Court is to be consulted. I do not know whether that is the intention. If so, we should have some explanation.

The ATTORNEY-GENERAL

This is really only a drafting Amendment, be cause the Sub-section, as drawn, provides that the Minister concerned shall, before making any recommendation, consult the High Court. The Amendment puts it round the other way, and provides that the High Court shall be consulted before a recommendation is submitted to the Governor. It may seem to be a distinction without a difference, but it merely provides that the High Court shall be consulted instead of providing that the Minister shall consult the High Court.

Mr. ATTLEE

Does it exclude the Minister from any say?

The ATTORNEY-GENERAL

It does not exclude the Minister. He is still the person to submit a recommendation, and the Amendment provides that the High Court shall be consulted, but it does not say that it shall be the duty of the Minister to consult the High Court.

Amendment agreed to.

Further Amendment made: In page 143, line 3, at the end, insert: chief judge of a small cause court, chief presidency magistrate.?—[The Attorney-General.]