LAW OF EVIDENCE AMENDMENT BILL. (Hansard, 5 June 1851)

LORD BROUGHAM
said, it was his intention to introduce words into the Bill for providing that it should not be compulsory for a wife to appear as a witness against her husband in any court, whether of Law or Equity. He had intended, in the first instance, to move that their Lordships should go into Committee on the Bill pro formâ hut considering the infinite benefits which he expected to attend the passing of this measure, and considering also the risk their Lordships ran of diminishing the amount of those benefits, if they left any defect in the Bill, he would propose that their Lordships should refer it to a Select Committee. He should object, however, to the Judges being called as witnesses, if their Lordships acquiesced in the Motion to send it before a Committee. He should be happy to hear the evidence of the members of the legal profession on its merits; but he should object to have Judges examined, who ought not to have their administrative duties mixed up with the legislative functions of Parliament.

THE LORD CHANCELLOR
said, he approved of the course taken by his noble and learned Friend (Lord Brougham) with respect to this Bill; but he did not agree with him on the point that the opinions and the experience of the Judges on this question were to be disregarded. Considering that when his noble and learned Friend introduced this measure, he relied 445 very much on certain opinions given by the County Court Judges, he (the Lord Chancellor) thought the experience of the Judges in Westminster Hall ought not to be lightly esteemed, but that, on the contrary, they were very likely to be able to render his noble and learned Friend important assistance in the consideration of matters which bore on this question, He (the Lord Chancellor) felt perfectly satisfied that no more important Bill than this ever came under their Lordships' notice; and it deserved, on that account, more than any other, the consideration which his noble and learned Friend proposed to give it.

LORD CAMPBELL
said, he likewise rejoiced in the course which his noble and learned Friend proposed to take with regard to this Bill. Either for good or evil, it was the most important Bill which had been laid on their Lordships' table for a long time. He, after great consideration, was a warm defender of the Bill; and his opinion had been greatly confirmed by the circumstance that his noble and illustrious predecessor, Lord Denman, though at first opposed to its principle, now, on more mature deliberation, cordially approved of it. With respect to the Judges not being-consulted on the provisions of this Bill, he (Lord Campbell) was of opinion that they ought undoubtedly to be consulted on the subject, and that the greatest respect ought to be paid to their opinions; hut he agreed with his noble and learned Friend (Lord Brougham), that their opinions ought not to govern the opinions of the Legislature. He would remind his noble and learned Friend and their Lordships that many of the most important improvements which had taken place in the law during the last thirty years, had been actually introduced by the Judges. He had no doubt that in a Select Committee this Bill would receive all the consideration it so eminently deserved.

LORD BROUGHAM
was afraid his noble and learned Friend (Lord Campbell) had misunderstood what he had said with respect to the Judges not being consulted on the subject of this Bill. He (Lord Brougham) did not hesitate to say, that he had no objection to the Judges being consulted: so far from it, he thought, that their opinions ought to be treated with great respect; but his reference was to calling them as witnesses before the Committee—a course which was evidently open to great objection. If the Bill had been 446 committed pro formâ, he should have proposed to add words providing for its not being compulsory to examine a wife as a witness against her husband; but he thought it would be better to refer the whole Bill at once to a Select Committee; therefore, instead of moving the Order of the Day for the House going into Committee pro formâ, he should move that the Bill be referred to a Select Committee.