§ Sir Elwyn JonesI beg to move Amendment No. 11, in page 14, line 10, leave out "inability" and insert "incapacity".
541 I am happy to say that wisdom has pervaded the Government Front Bench, and that at last they are able to accept an Opposition Amendment. This seeks to deal with the somewhat delicate situation when it becomes necessary to remove a circuit judge from office. The language of the subsection at the moment is
The Lord Chancellor may, if he thinks fit, remove, a Circuit judge from office on the ground of inability or misbehaviour.Section 19(1)(b) refers to pension rights and to "incapacity". It seems to us—and now also to the Government—that incapacity is a more appropriate expression.This gives rise to the necessity of a consequential Amendment, and it may be convenient for me to refer to that. Perhaps I will have leave to move it formally at a later stage. It is in Clause 21, page 18, line 2, leave out "inability" and insert "incapacity". This a manuscript Amendment which I understand that you, Mr. Deputy Speaker, in your wisdom and tolerance have indicated that you would be good enough to accept.
§ Mr. Deputy Speaker (Sir Robert Grant-Ferris)The right hon. and learned Gentleman is perfectly correct, partly at any rate—not about the wisdom.
§ The Attorney-GeneralAfter many long hours of consideration and deliberation with my hon. Friend, I would agree with the right hon. and learned Gentleman and recommend the House to accept his Amendment.
§ Amendment agreed to.