REPORT OF AMENDMENTS. (Hansard, 4 August 1893)

§ THE LORD CHANCELLOR (Lord HERSCHELL)
My Lords, I have to move an Amendment on page 2 at the end of the clause to add a sub-section. The object is this: Some question has arisen whether by the rule-making power of the Rule Committee rules can be made relating to inter-pleaders. Inconvenience has been found to arise from this doubt, and this Amendment is really to carry out an Act which has already received the sanction of the Legislature by applying the rule-making power to the Acts mentioned in the Schedule.

§ THE LORD CHANCELLOR
Then in Clause 5 I have to move an Amendment which I do not think is one of substance as the Bill now stands; but I am afraid some misapprehension has arisen as to the intention of Clause 4. When the matter was before the Standing Committee I believe some observations of mine were understood as indicating an intention that that part of the section which related to age of retirement should not be applicable to any existing officers of the Court. Certainly that is not the effect of the Amendment of which I gave notice, according to my opinion, nor the effect of the Bill as it now stands; but, at the same time, I am given to understand that I was understood as having made that statement. I daresay, when one is talking about various sections, what is said intending to apply only to certain of the Judicial officers may be understood as applying to all. Having stated that the one main object of the Bill was to put the clerks and officers in the Central Office of the Supreme Court, speaking generally, in the same position as Civil Service clerks in regard to the scheme of retirement, to have excluded all the clerks in that office from the retirement conditions would have been practically not to put them on the same looting as the Civil Service clerks, but to leave them entirely outside. That certainly was not my intention; it was not the effect of the Amendments of which I gave notice, nor is it the effect of the Bill as it now stands. The proposal I now make is, in my judgment, only putting into a form less open to dispute what I understand to have been sanctioned in Standing Committee; and it is with that view I propose the Amendment of which I have given notice.

§ LORD MACNAGHTEN
asked if the noble and learned Lord would have any objection to insert at the end of Subsection 3— Nor shall any such order apply to any officer appointed before the passing of this Act who holds office by Statute during good behaviour. The noble and learned Lord was aware that there were persons in that position who would be affected by the clause as it stood.

§ LORD HALSBURY
I hope the noble and learned Lord on the Woolsack will agree to that suggestion. It seems to me to be very undesirable that persons who have already a certain status by Statute and who hold office during good behaviour should by a kind of side wind be deprived of their office. That would, I think, cause great dissatisfaction and be a great blot upon a Bill otherwise beneficial.

§ THE LORD CHANCELLOR
I do not wish to affect Civil servants in the legal offices referred to, and, therefore, I should certainly not oppose the Amendment proposed by the noble and learned Lord.