HC Deb 06 December 1949 vol 470 cc1713-5

3.31 p.m.

Mr. Osbert Peake (Leeds, North)

I beg to move, in page 1, line 11, at the end, to insert: or carries on business or is gainfully employed in that area. This Amendment is designed to provide that the 15 miles radius within which a justice of the peace has to be resident in order to remain qualified to act as a justice shall be measured not only from the area concerned to the residence, but also in relation to the place of business or employment. Many people nowadays, under the present shortage of housing, have to travel some distance to their work and it seems to us reasonable that the man residing, say, 18 miles outside a borough, who travels into that borough frequently in order to conduct his business, or for the sake of his employment, should be also qualified to act as a justice in respect of that area.

The Attorney-General (Sir Hartley Shawcross)

We have of course carefully considered this proposal which was, indeed, twice discussed in another place and eventually withdrawn. As hon. Members will appreciate, the reason for the residence qualification is to ensure that justices should be normally available in the areas of the commissions of the peace on which their names have been placed, not only for the purpose of attending at court on the days for which they are on the rota, but also for all those innumerable other purposes for which the services of justices are required, the most common of which, I am told, is that of signing and witnessing documents. If the justice is in fact resident in the area of his commission, he will be normally at home and available in the evening, when one or other of the local lieges wants to consult him and obtain assistance in the signing of a document, or whatever it may be, and that is one of the great advantages of this local administration of justice.

If, on the other hand, the justice does not reside in the area of the commission, but is merely carrying on business there—possibly I suppose an absentee director might come under the provisions of this Amendment, although I am not quite sure—in some firm or undertaking which may have its headquarters in the area, but may require that he should travel outside the area of the commission more than in it. It is not then likely that he will be available in the area in the evenings, or even in the daytime. If people wanted to make contact with him as likely as not he may be away on business, or too busy to give them personal attention.

When the Amendment was put down first, I think it was withdrawn in order that further thought could be given to it and put down again, and it was given the most careful consideration. It was finally withdrawn in another place by way of a compromise, I think, when we extended the radius of the qualification to 15 miles. We thought that as far as we ought to go in this matter, in view of the very strong recommendation of the Royal Commission. In those circumstances I hope the right hon. Gentleman will see fit to withdraw the Amendment.

Mr. Peake

In view of what the right hon. and learned Gentleman has said, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.