SECOND READING. (Hansard, 26 June 1893)

§ THE LORD CHANCELLOR (Lord HERSCHELL)
, in moving the Second Reading, said: My Lords, I need not detain you many moments. The main object of the Bill is to carry out the recommendations made by the Council of Judges. There can be no doubt that, although appeals have been very much discouraged by the Court of Appeal, nevertheless the mere fact that a party has a power to appeal often puts the other side to considerable trouble and expense. The 1st clause permits every legitimate appeal upon a question of real importance, but it prevents the absolute right of appeal whether there is any ground shown for the appeal or not. Clause 2 proposes to amend the practice as regards appeals from Quarter Sessions. It does not make any substantial alteration in the law, but puts such appeals on a more satisfactory footing. Clause 3 deals with another matter which has been recommended by the Council of Judges with regard to the reception in certain cases of particular kinds of evidence, Although these proposals are not 12 in the exact form recommended by the Council of Judges, they have been reconsidered by and have had the approval of the whole of that Council. There is one other clause—Clause 4—which deals with the Rules and Orders relating to those who are employed in the different Legal Departments. An Order in Council has been made with regard to Civil servants generally, dealing with the mode in which their duties are to be performed and also with the conditions of retirement. The contention has been raised that that Order applies to the Legal Departments, and, although I do not accept that view, I am aware that some provision is necessary in reference to these Departments. I have received many and weighty objections to the clause as it is drawn which satisfy me that that clause ought not to pass in its present form, but I hope to be able to remodel it so as to meet those objections. If the Bill is read a second time, I will put down my Amendment and allow ample time for its consideration. Under these circumstances, I ask your Lordships to read the Bill a second time.

§ LORD COLERIDGE
said, the noble and learned Lord on the Woolsack had correctly described the measure as framed mainly upon the recommendations of the Judges, in which he heartily agreed. He also agreed entirely with what the noble and learned Lord had said with regard to the clauses. One clause he had said required modification, and, in his opinion, it required considerable modification. He hoped the noble Lord would so amend it as to prevent the interference of the Treasury with the Executive; and, to that extent, he was glad to support the Bill.

§ LORD HALSBURY
said, undoubtedly, as to the greater part of the Bill, it would be the duty of anyone occupying the noble and learned Lord's position on the Woolsack to give effect to its provisions if he could. One of the important matters dealt with was a scandal which had grown of late years to very large proportions where persons defeated in the Courts below brought up their causes in formâ pauperis, which had practically the effect of fining many innocent people enormous sums of money, when there 13 really was no true ground for bringing an appeal at all. This Bill would be a real boon in removing that great scandal. With reference to the 4th clause, after what the noble and learned Lord had said, he did not think it necessary to discuss it, and would only add that he took the same view with reference to the effect of the Order in Council; but it was undoubtedly better that the matter should be made quite clear by legislation. He hoped, when the Bill came up with the Amendments spoken of by the Lord Chancellor, that their Lordships would agree to it.