HC Deb 14 December 1966 vol 738 cc455-7
37. Sir J. Hobson

asked Mr. Attorney-General on what date since 1948, and in respect of what areas, previous requests or arrangements have been made by or with the consent of the Lord Chancellor that a body of justices after appointment should be asked to state their political views.

38. Sir J. Hobson

asked Mr. Attorney-General what obligation there is upon justices of the peace after appointment to disclose either to an advisory committee or to anyone else their political views, either as they are or as they may change from time to time.

The Attorney-General

Since 1949 every Lord Chancellor has required his advisory committees to have regard to the political complexion of the benches in their respective areas in order to ensure that no bench is unduly overweighted in favour of any one party. The method of ascertaining the necessary information has been left to the discretion of advisory committees. There is no obligation on any individual justice to answer questions about his political views if he does not wish to do so.

Sir J. Hobson

May I ask the Attorney-General whether he is aware that we on this side of the House agree that there should be a balance, and that these delicate matters should be dealt with between the Lord Chancellor and his advisory committees? May we ask him whether he would not agree that it is much better that these questions should be left to the advisory committees and the Lord Chancellor and should not get beyond the committees to cross-examining magistrates about their views and changes of views?

The Attorney-General

I broadly agree with those propositions. The particular matter arose in respect of the South-East Advisory Committee, which only came into existence when the area of Greater London was established on 1st April last year. It apparently felt that it should take steps to see that the information which had been passed down to it from advisory committees for Kent and Croydon was up to date. The other new advisory committees set up in Greater London have not so far thought it necessary to send out questionnaires.

Mr. Michael Foot

Is my right hon. and learned Friend aware that if there has been an attempt over the years to prevent the benches of magistrates being overweighted with one political party, it has been a hopeless failure? The benches have been stuffed with Tories for centuries, and if there is a belated attempt to try to rectify this state of affairs, is my right hon. and learned Friend aware that it will command the wholehearted support of this side of the House?

The Attorney-General

As my noble Friend has pointed out on several occasions, political affiliations in making appointments to benches cannot be disregarded, not because the politics of an individual are a qualification or a disqualification for an appointment, but, as my hon. Friend has just indicated, because it is important that justices should be drawn and should be known to be drawn from all sections of the community, representing all shades of opinion. There is reason to think that there has been some imbalance in this respect on certain benches.

Mr. Hooson

Is the Attorney-General aware that in certain areas of the country members of my party have been completely excluded from the bench? Will he look into this matter?

The Attorney-General

I was not aware of that, but I am aware of the fact that most of the complaints about this matter, curiously enough, have emerged from Labour and Liberal sources.

Sir J. Hobson

Is the Attorney-General aware that the imbalance of which he speaks works both ways, and that there are many benches in the North of England which have a predominance in the opposite direction, about which we do not complain? Is he aware that there was a bench which could not get a quorum to consider an application for a licence from the co-operative because every member of the bench was a member of the co-operative society?

The Attorney-General

I am certainly not aware of any of those matters of which the right hon. and learned Gentleman has spoken. The approach of my noble Friend would appear to command the support of the whole House. It is obviously wrong that there should be a broad preponderance from any one political party. A broad balance should be sought.