HL Deb 14 March 1907 vol 171 c180

House in Committee (according to Order).

[The Earl of Onslow in the Chair.]

Clause 1:—

THE LORD CHANCELLOR)

My Lords, I have thought about this Bill since the short discussion that took place upon it on Thursday last. I am, above all things, anxious to remove the idea that we have any design upon the permanent work of the Court, and accordingly I have placed an Amendment on the Paper. This clause provides that any division of the Court of Appeal may, with the consent of the Lord Chancellor, consist of two Judges sitting together. The Amendment on the Paper provides that this consent is "to be given only for special cause." Since putting it down it has occurred to me that that might leave the jurisdiction open, because it might be said that the Lord Chancellor's consent did not rule the question whether or not there was special cause. I think it ought to be left to the Lord Chancellor to say whether there is special cause or not, and, with your Lordships' permission, I propose to amend the Amendment by providing that it shall be with the consent of the Lord Chancellor, "to be given only if he is satisfied that there is special cause." I move the insertion of these words to reassure those who may be anxious on the subject.

Amendment moved—

"In page 1, line 6, after the word 'Chancellor' to insert the words 'to be given only if he is satisfied that there is special cause' "—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Remaining clauses agreed to. Standing Committee negatived; the Report of Amendment to be received on Monday next; and Bill be printed as amended. (No. 17.)