Lords Sitting of 20 February 1854

TESTAMENTARY JURISDICTION BILL— ECCLESIASTICAL COURTS (IRELAND).
THE MARQUESS OF CLANRICARDEsaid that the rose to put a question to the noble and learned Lord on the woolsack, upon a subject relative to Ireland. The noble and learned Lord had introduced a very important Bill for the reform of the ecclesiastical courts in this country. Of course, as the Bill had not yet been discussed by their Lordships on the second reading, he did not wish to pronounce any opinion upon it; but he believed there existed an unanimous desire for the reform of the ecclesiastical courts, both in this country and in Ireland also. He therefore begged to ask the noble and learned Lord whether it was proposed to extend the provisions of the Bill, which was then on the table of their Lordship's House, to Ireland, or whether it was intended to introduce any Bill of a similar nature, to reform those testamentary courts which existed in Ireland?
THE LORD CHANCELLORsaid, that the present Bill certainly did not extend to Ireland. The Commissioners, in their report, expressed their opinion that it would be inconvenient to unite England and Ireland in the same jurisdiction; and he (the Lord Chancellor) thought he saw incalculable evils in attempting to embrace the two countries in the provisions of this Bill. The measure was therefore confined to England only. With regard to whether it was intended to introduce a Bill of a similar nature for Ireland, he had had the matter under consideration, and he should feel no hesitation in doing so if, upon looking into the case, it should appear that a similar
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necessity for reform existed in the ecclesiastical and testamentary courts in Ireland. His present impression was that there was such a necessity; and he believed some measure would be prepared, and probably in the course of the present Session. He must, however, be understood not to pledge himself upon the point, until he had had an opportunity of looking into the subject more minutely.
LORD BROUGHAMsaid that, while he thought it would be highly inexpedient to extend the sphere of the present Bill beyond England, yet he believed there were quite sufficient reasons for a measure of a similar kind as regarded Ireland; of course, with such changes as local circumstances might render necessary.
House adjourned till To-morrow.