HC Deb 27 March 1947 vol 435 cc1385-6
36. Mr. Bowles

asked the Attorney-General if he will inform the House in detail why a justice of the peace has to resign on being appointed a full-time political agent.

The Attorney-General (Sir Hartley Shawcross)

I am informed by my noble Friend, the Lord Chancellor, that it has been the settled practice of successive Lord Chancellors of all political parties to refuse, knowingly at any rate, to appoint as justices, in the area of their activities, whole-time paid political agents, on the ground that in practice their appointment to the Bench was undesirable and might cause great embarrassment if they had to adjudicate in the case of either a prominent supporter or opponent, and that in accordance with the same general principles a justice on being appointed a whole-time paid political agent should resign from the Commission. I may add that it is understood that the Royal Commission on Justices of the Peace have this question under consideration, and pending the publication of the Commission's report the Lord Chancellor does not propose to make any change in his practice in the matter.

Mr. Bowles

May I ask my right hon. and learned Friend this question in view of the Lord Chancellor's allegation that political agents are unlikely to be impartial when sitting in a judicial capacity: is it not a fact that the Lord Chancellor is head of the British Judiciary, but is he not also a member of the Cabinet, and how dare he suggest that he might himself be impartial whereas people in lower walks of life cannot be impartial?

Mr. E. P. Smith

Does the answer mean that political agents are in fact in the same position as publicans and sinners?

Mr. James Hudson

May I ask the right hon. and learned Gentleman whether this argument against political agents would not apply equally to Members of Parliament?

The Attorney-General

As I indicated in my answer, the Lord Chancellor does not propose to alter the existing practice, which has been the practice of successive Chancellors over a very long period of years, until the matter has received the consideration of the Royal Commission which has been appointed to consider this amongst other matters.

Mr. Bowles

In view of the unsatisfactory nature of that answer, I propose with your permission, Sir to raise this on the Adjournment next Thursday.