SECOND READING. (Hansard, 21 February 1893)

§ THE LORD CHANCELLOR (Lord HERSCHELL)
My Lords, this is a Bill which was introduced by the noble and learned Lord who occupied the Woolsack in the last Parliament, for the purpose of consolidating in one Statute the provisions on this subject which are now scattered over a number of Statutes for giving protection to Public Authorities who may have actions brought against them. The times in reference to notice and other particulars differ in many cases, and it is thought much better they should 2 be brought into one uniform system which will be applicable to all cases. The object of the Bill is considered to be very useful, and it passed both Houses and through the Statute Committee during last Parliament. I beg to move the Second Reading.

§ LORD ASHBOURNE
As your Lordships have heard from the noble and learned Lord on the Woolsack, this Bill was introduced in the last Parliament by the noble and learned Lord who then occupied the Woolsack, and it seeks to accomplish various reforms which are considered desirable in the matters which are referred to in the title of the Bill. There is one matter which, when the Bill reaches another stage, I will, with your Lordships' permission, call attention to, as it has been allowed to remain in the Bill; that is, that in primâ facie cases the venue shall be local. That is a matter which requires very serious consideration, because your Lordships 3 will see at once that if, say, a Resident Magistrate in Ireland had locally to do something which somebody thought he was aggrieved by, and thereupon brought an action, for example, in Kerry, Clare, or Mayo, those would be the last places in which, in the interests of justice and for the purpose of securing an impartial trial, the trial should take place. Therefore, I should desire to reserve, for further consideration at a future stage of the Bill, the question whether it is advisable or not to retain that clause.

§ THE LORD CHANCELLOR
The matter to which the noble and learned Lord refers was brought before the House when the measure was under consideration in the last Parliament. Objection was then taken to the subsection relating to the venue. It is provided that a trial shall only take place where the action arises, unless the Judge orders otherwise. But it gives largo powers in that respect. On that occasion the noble and learned Lord who then occupied the Woolsack undertook to meet the objection, and it was thought that it had been sufficiently met by the words at the beginning. The clause has been modified accordingly; but if the noble and learned Lord thinks that does not sufficiently meet the case, I shall be glad to re-consider the matter.
Motion agreed to; Bill read 2^a accordingly, and committed to a Committee of the Whole House on Monday next.