HC Deb 31 May 1938 vol 336 cc1817-8
37. Mr. Buchanan

asked the Secretary of State for Scotland whether he is aware that at the Glasgow eviction court and the small debt court the clerk, without reference to the sheriff, grants decree where the person is absent and enforces settlements by way of money payments by weekly instalments without the knowledge of the sheriff; and whether he will state under what statute or regulation this power is granted to the clerk of the court?

Mr. Colville

The clerk of court is not authorised by any statute or regulation to grant decree or enforce a settlement and he does not do so. The facts are as follow: It has been found convenient for many years that the clerk of court when calling the roll in the courts mentioned, should ascertain from the parties whether the debt is admitted and, if so, what arrangement, if any, can be made for liquidating the debt. The clerk of court does not give a decision, but in cases where there is no appearance or where the parties are agreed on a settlement he records the fact in the court book for signature subsequently by the sheriff-substitute. The decrees are those of the sheriff-substitute and where there is any disputed point between parties, the matter is invariably referred to the sheriff-substitute. The procedure followed does not appear to be open to objection, but if the hon. Member cares to let me have particulars of any instance in which it is alleged that the procedure has proved faulty I shall be glad to make inquiries.

Mr. Buchanan

Is the Secretary of State aware that the clerk actually gives decrees in the court? It is a well-known practice, happening every day. Will he take steps to see that the sheriff who is there to administer the Jaw himself carries out the law?

Mr. Colville

My information does not bear out the hon. Member's assertion, but I have made an offer in the last part of my answer, and I hope he will look at it.

Mr. McGovern

Will the Secretary of State go down without notice and see these courts in operation? It is a public scandal in Glasgow the way people are treated by the clerk.

Mr. Colville

I have made an offer to examine any evidence which is put before me.

Mr. McGovern

But will the right hon. Gentleman not get first-hand knowledge by going to the court and seeing that the statements are true?

Mr. Buchanan

Will the Secretary of State communicate to the clerk that at least he should give to these poor people civility?

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