HC Deb 23 September 1948 vol 456 cc1086-7
57. Mr. Frederic Harris

asked the Chancellor of the Exchequer to whom is an arbitrator appointed by the Reference Committee in connection with the acquisition of land answerable for his personal conduct towards a witness at an official arbitration, where the arbitrator's conduct gives grounds to the witness for complaint but is not such as to justify an application to the court for a fresh hearing.

Mr. Glenvil Hall

An arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, acts in a quasi-judicial capacity and has no responsibility to the Executive Government.

Mr. Harris

Is the Financial Secretary satisfied that such a person, possibly offensive to official witnesses, should not be responsible to anybody under his direction?

Mr. Glenvil Hall

There is no responsibility in this matter to this House or to the Government. An arbitrator is appointed from a panel by the Reference Committee, and we have to leave it at that.

Earl Winterton

What does the right hon. Gentleman mean by saying there is no responsibility to this House or to the Government? This man is appointed by the Government, and it is open to the House of Commons to put down a Prayer for his removal, and open to the Government to remove him for misconduct. What does he mean by what he said?

Mr. Glenvil Hall

The House does not appoint these arbitrators. They are appointed by the Reference Committee, which is composed of the Lord Chief Justice, the Master of the Rolls, and the President of the Institute of Surveyors.

Earl Winterton

Does the right hon. Gentleman suggest that these men cannot be removed for misconduct through the appropriate channel?

Mr. Glenvil Hall

Not, I gather, by the Government. I have gone into this. I take it that if objection is taken the proper authority to whom to refer the matter is the Reference Committee. What the Reference Committee would then do is not for me to say.

Lieut.-Commander Braithwaite

As my noble Friend has pointed out, is it not the case that this House can call for their dismissal by putting down a Prayer?

Earl Winterton

Yes.