COMMITTEE. (Hansard, 5 March 1880)

§ LORD O'HAGAN

said, he was glad that the Government had given its attention to the matter, and, having reached a definite conclusion on its own responsibility, had endeavoured to give effect to the view it had adopted. He wished, however, to indicate that the extension of local jurisdiction in Bankruptcy to a few towns involved a wide concession of it, such as had, for a long time, been enjoyed in England. Heretofore, the County Courts of Ireland had not the machinery which enabled the County Courts of this country to deal with cases of Bankruptcy, and they did not possess it even yet. But their constitution had been greatly changed. They had now a considerable jurisdiction in Equity, and their Judges were no longer to practice at the Bar. The want of a more effective Official Staff was felt in the exercise of the Equity Jurisdiction; and when that want was supplied, there seemed to be no reason why, with sufficient safeguards and adequate supervision by the Courts in Dublin, business in Bankruptcy might not be done locally, in proper cases. The Judges of the County Courts were able and competent men and might be fully trusted to do it satisfactorily; whilst it was difficult to see, once that the advantage of the change was practically admitted, why it should not operate to a larger extent. 413 This subject had been much discussed, especially by Lord Westbury, when he (Lord O'Hagan) had the honour of carrying the Irish Bankruptcy Bill through their Lordships' House; but it was then impossible to take practical steps with regard to it, and before it could be dealt with generally the machinery of the Local Courts must be improved and strengthened.

THE LORD CHANCELLOR

said, the Bill made a very considerable change in the administration of the law in Ireland. At present, the whole Bankruptcy business of Ireland was transacted in Dublin. Manifestly, that was an inconvenient state of things; and it was proposed in the Bill, by Order in Council, to establish Local Bankruptcy Courts in the two great commercial centres of Belfast and Cork. It proposed, also, to take further steps in the same direction by establishing similar Courts in Londonderry, Galway, and Limerick. He thought that, with such provisions, a further extension would not be found necessary. In England there were officers and offices in which Bankruptcy proceedings could be initiated wherever County Courts were held. That was not the case in Ireland. There, wherever a Bankruptcy jurisdiction was established, it would be necessary to create new offices, and at present this did not seem to be necessary to any greater extent than was provided for in the Bill. Should it become necessary hereafter, in consequence of the success of the experiment, it could be effected by further legislation.