HC Deb 01 December 1959 vol 614 cc998-9
37. Mr. W. Hamilton

asked the Secretary of State for Scotland if he is aware that persons can sit on magistrates' benches even though they themselves have been convicted on criminal charges, and that this situation is causing public anxiety and annoyance; and what steps he intends to take to prevent this from happening.

Mr. Galbraith

My right hon. Friend is aware that the Local Government (Scotland) Act, 1947, does not disqualify a person from election as magistrate of a burgh on the ground that he has been convicted on a criminal charge. He is not aware of any widespread feeling on the subject.

Mr. Hamilton

But is the Minister aware of a recent case at Culross where a councillor was fined £20 for stealing property belonging to the National Coal Board and that the councillor—a Tory councillor, of course—was made a senior magistrate? As he is now, presumably, going to sit and to try people for the same offence for which he was fined, will the Secretary of State, if he has not now the powers, take them immediately to prevent this kind of ridiculous situation from developing?

Mr. Galbraith

My right hon. Friend has no power to do anything in this matter. It would require legislation, and unless this practice occurs more frequently than in the past, my right hon. Friend does not propose to do anything in the matter.

Mr. Hector Hughes

Does the hon. Gentleman not realise that what he has just said is very bad for the administration of justice and will bring it into disrespect? Does he realise that every person appointed to act judicially should be subjected to the most rigorous test, and will he say to what test this man was subjected?

Mr. Galbraith

The hon. and learned Member probably does not realise that the gentleman referred to is an elected magistrate. Normally, public opinion should be strong enough to prevent the election of unsuitable candidates.

Mr. Hamilton

In view of the unsatisfactory nature of the Answer, I beg to give notice that I will make the attempt to bring the Joint Under-Secretary in front of that magistrate.