HC Deb 06 December 1949 vol 470 cc1764-5
The Secretary of State for Scotland (Mr. Woodburn)

I beg to move, in page 5, line 16, at the end, to add: and section thirty-four of the Salmon Fisheries (Scotland) Act, 1868, in so far as it directs that a justice shall not be disqualified from hearing any case arising under the said Act by reason of his being a member of a district board shall cease to have effect. This Clause dealing with certain disqualifications has been added to the Bill. The purpose of the Amendment is to adapt the disqualification to district boards of fisheries in Scotland. It is almost a consequential machinery Amendment.

Mr. Manningham-Buller

Will the Secretary of State for Scotland explain a little more what he means? Do I understand that if this Amendment is accepted a member of a fishery board in Scotland will not be disqualified from sitting as a magistrate or that he will be disqualified? If the effect of that is to secure that he will not be disqualified, what is the reason for making this change? Is it because the automatic operation of the 75 years of age rule makes the Secretary of State think it would be difficult to staff the benches in Scotland?

Mr. Woodburn

No, Sir. As a fisher, the hon. and learned Gentleman is doing very well. This will disqualify a member of the district board of fisheries from sitting in a case. It is largely academic because in Scotland such cases would normally be taken before the sheriff and would very seldom come before a bench of J.P.s. However, it puts the matter in order in case that ever happened.

Mr. Gallacher

May I ask the Secretary of State for Scotland if this Amendment is the best he can do for the Scottish Covenant?

Mr. Scollan

I am not at all clear after that explanation. I understand that at the moment a justice of the peace who sits on a fishery board cannot sit in the court in judgment on someone charged with poaching on the preserves of the fishery board of which he is a member. Does this mean now that he can sit in judgment even though the fishery board of which he is a member is the prosecutor?

Mr. Woodburn

It means the opposite. Section 34 of the Salmon Fisheries (Scotland) Act, 1868, exempts justices from disqualification; that is, at the moment they are allowed to sit and judge people in these cases. Under this Amendment, by reason of membership of the district fishery board, they will be disqualified from sitting in judgment on such cases.

Mr. Scollan

Then why does this Amendment say "shall not be disqualified "?

An Hon. Member

That is Scottish.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.