HL Deb 19 March 1891 vol 351 cc1356-7

On Report of Amendments,

*THE ARCHBISHOP OF CANTERBURY

My Lords, I have an Amendment to propose in Clause 10. The Amendment arose during the discussion on Second Reading. It is to insert, in page 5, line 23, after the word "Chancellor," the words— Is not or has not been for at least five years the holder of a judicial appointment or. It will then read— Where the Chancellor is not or has not been for at least five years the holder of a judicial appointment, or has not been a barrister who is in actual practice for not less than 10 years. In this and in the other cases mentioned, then a Deputy Chancellor shall be appointed.

LORD HERSCHELL

I am not quite sure whether this entirely carries out what was intended. It was intended only to include Chairmen of Quarter Sessions, and it was intended in that case to provide that the Chairman should be a barrister of not less than 10 years' actual practice. I think it might give rise to some criticism if all Chairmen of Quarter Sessions were necessarily brought within the clause, and I would suggest that it should read thus: "Is not a barrister who has been less than five years holding a judicial appointment."

*LORD GRIMTHORPE

I may say that was quite my understanding of what was agreed to during the discussion in Committee on the clause.

THE MARQUESS OF SALISBURY

Is it not rather an invidious distinction to distinguish other barristers from those who are in actual practice? I do not know whether there is any distinction made in Courts of Law. Does it involve having held briefs?

LORD HERSCHELL

I should be sorry to attempt to draw the line between barristers who are in actual practice and barristers who are not, though in some cases the line would be easily enough drawn, no doubt; but I may point out that it is an expression which is frequently used in Acts of Parliament.

THE MARQUESS OF SALISBURY

So that it must have a meaning.

LORD HERSCHELL

I think it must have a meaning, and, as I have said, the meaning may be perfectly easy to give to it in particular cases. I quite admit there may be some cases on the border line which would make it difficult to say whether a barrister was in actual practice, but I think nobody would say that a barrister who had never held a brief was in actual practice.

Amendment agreed to.

*THE ARCHBISHOP OF CANTERBURY

Then in Clause 26 I have an Amendment in order to define the words "judicial appointment," and to limit it thus. It is at page 13, line 31, at the end of the line, to insert— The expression judicial appointment shall include a Chairmanship of Quarter Sessions and a Police or Stipendiary Magistrateship.

Amendment agreed to.

Bill to be read 3a to-morrow.