HL Deb 26 June 1845 vol 81 cc1193-5
Lord Beaumont

wished to put a question to the noble and learned Lord on the Woolsack with reference to the Report of the Criminal Law Commissioners. Their Lordships were aware, that in consequence of what had taken place since the Bill passed through that House, supported by the noble and learned Lord, repealing certain Acts against the Roman Catholics, it was thought advisable to appoint a Commission to investigate the state of the laws, not only as they bore on Roman Catholics with respect to the practice of their religion, but also on the position of Protestant Dissenters and Jews. That Commission had fulfilled the duties entrusted to them in a manner which must be considered by all who had read their Report, to be one displaying the greatest industry and sagacity. The Commissioners recommended that the Penal Statutes, against recusants should be repealed; that the Jewish religion should be protected by law as well as the Roman Catholic; and that one form of oath and declaration should be substituted for the many now in use throughout England, Scotland, and Ireland, in the case of candidates for public offices. He should put the question to the noble and learned Lord, of which he had given notice, whether it was proposed to lay on the Table this Session, a Bill to carry out the recommendations of the Commissioners?

The Lord Chancellor

said, his noble Friend, in putting a question to him with respect to the Report to which he referred, had done no more than justice to the learned persons upon the Commission, in the commendations he had bestowed on their industry, and the accuracy and intelligence with which they had performed their duties. Every person who turned his attention to the subject must consider that it reflected great credit on them. In answer to the question, he begged to say that he had directed a Bill to be prepared on the footing of their Report; but when it was considered that there were more than 700 Acts of Parliament to which their Report applied, it must be admitted that no little consideration and trouble were required for framing such a Bill. That work was now in the hands of persons in whose industry and care they might confide to produce it as soon as they could, consistently with the necessary examination and reflection demanded by the subject. The Bill would be produced as soon as the Commissioners were able to lay it on the Table of the House.

The Earl of Ellenborough

could not help thinking that any Bill merely confined to repealing certain Acts, and parts of Acts, would be extremely inconvenient. It was essential that the public should know how the law really remained; otherwise, the uncertainty consequent upon leaving it vague or undefined, might lead to great mischiefs. It was a subject requiring extreme consideration from his noble and learned Friend, and those whom he might employ. But he hoped that the new Bill, when it was prepared, would be such as to enable all classes of Her Majesty's subjects to understand the law under which they were living.

The Lord Chancellor

said, the persons to whom he had committed the framing of the Bill were the Commissioners themselves, and they in every way deserved the confidence of their Lordships and the public.

Lord Brougham

concurred with his noble Friend opposite, that it was of extreme importance that the new Bill should plainly state the law. Time should be taken to draw the Act, and it should be prepared during the long vacation.

The Lord Chancellor

said, that when the Bill had been laid on the Table and printed, it would be for their Lordships to consider whether it would not be proper, looking to the extent and variety of the matters to which it referred, that it should stand over to the next Session; but it was quite premature to decide that at present.

Lord Monteagle

observed, that the same confusion of ancient laws, absurdity, and injustice, which it was the object of the Commission to remove in England, existed in the Statute Book of Ireland; and it was a matter of extreme importance that the improvement they contemplated with respect to the Statute Law of England, should be contemporaneously extended to Ireland. It would be better to remedy it by the same Bill, if possible, than by separate Statutes.

The Lord Chancellor

said, the Bill would extend to England, Scotland, and Ireland. In framing their Report, the Commissioners had had the assistance of the Attorney General of Ireland for the law of that country, and of the Lord Advocate of Scotland for the Scottish law. He hoped also to have the assistance of their Lordships to supply any omissions that might be found in the Bill, but he did not expect that there would be any.

Lord Beaumont

said, the actual object of the Commissioners was to remedy the state of the law in England, Scotland, and Ireland.

The Lord Chancellor

Perhaps the noble and learned Lord himself will have the goodness to draw the Bill.

The Bishop of London

said, it should be distinctly understood that Her Majesty's Government would not press the Bill through more than its first stage during the present Session.