Lord Campbellmoved the Order of the Day for resuming the adjourned Debate on the Amendment moved after the Third Reading of the Law Courts (Ireland) Bill. The object of his Amendment was, that the patronage of the offices in the Courts of Law in Ireland should be transferred from the Lord Lieutenant to the Chief Judges of each Court.
§ The Duke of Richmondthought that the Irish Judges would rather be without this patronage. He thought that it was most desirable that the Judges should be kept aloof from any matter of this kind.
Lord Campbellremarked that the patronage to the offices in the several Courts of Justice in England rested with the Chief Justice in each Court, and by giving the patronage of these offices in Ireland to the Crown an invidious distinction was drawn between the Judges of the two countries. He had received communications from several of the Irish Judges, expressing their approval of the Amendment which he had proposed.
The Earl of Wicklowpresumed that the noble Duke, entertaining the opinions which he did, would move for leave to bring in a Bill to take away this description of patronage from the English Chief Justices and give it to the Crown. He hoped that this Amendment would be agreed to, as it was another step to assimilate the practice in the Courts of the two countries.
The Lord Chancellorremarked, that so far from the Irish Judges regarding the bestowing this description of patronage on them in an invidious light, he knew that it was directly the reverse from communications which he had received from them.
The Marquess of Normanbyhad no doubt but that the fact was as stated by the noble and learned Lord on the Woolsack, as to the feelings of the Judges. The question before the House was, whether this was a proper course to take. He had been Lord Lieutenant of Ireland for four years, and had often been called upon to exercise patronage in connection with the Irish Courts of Justice, and he should at once say, if the Judges of those Courts were anxious to receive this patronage, any Lord Lieutenant would very gladly part with it. He had ever been of opinion that 1753 this description of patronage should rest with the Judges of the respective Courts, and as it was another step to assimilate the practice of the two countries, he should support the Motion.
§ The Duke of Richmondobserved that he was perfectly ready to support a measure to take away this description of patronage from the English Judges. He objected to leave this patronage to the Judges, who for any indiscreet exercise of it might be attacked in Parliament.
The Lord Chancellorsaid, that the Irish Judges felt that they were not on a footing of equality with the English Judges. They felt as if it were thought that they were not competent to be entrusted with the exercise of a species of patronage which ever belonged to English Judges.
The Earl of Fortescuecordially concurred in all that had been said by his noble Friend (the Marquess of Normanby) near him. He did not see that the Judges in Ireland were likely to make a worse exercise of this patronage than the Judges in England. He thought that in every instance it would be much better to leave the Judges to appoint the officers of their own Courts.
§ Amendments agreed to. Bill passed.