HL Deb 14 May 1908 vol 188 cc1293-4

House in Committee (according to Order).

[The Earl of ONSLOW in the Chair.]

Clauses 1 to 3 agreed to.

LORD ASHBOURNE

said the object of the new clause standing in his name was to add to the rule-making authority two solicitors to be appointed by the Lord Chancellor. The experience of solicitors was utilised in the making of the rules of the High Court, and the Law Society felt that it was only right that the solicitors' profession should be represented upon the authority entrusted with the framing of rules of County Courts. He hoped the Lord Chancellor would appreciate the reasonableness of the Amendment.

Amendment moved— After Clause 3, to insert the following new clause: 'The persons in whom the power of making rules under Section 164 of the principal Act is vested, shall (besides those named in the said section) include two persons who shall be practising solicitors, appointed by the Lord Chancellor, one being a member of the Council of the Law Society, and the other being a member of the Law Society and also of a provincial law society.' "—(Lord Ashbourne.)

THE LORD CHANCELLOR

hoped the Amendment would not be pressed. The Bill was in the form in which it had twice passed through their Lordships' House, having been introduced on the first occasion by Lord Halsbury and last year by himself. Would it not be better, therefore, to take it as an agreed Bill? Moreover, if they were to begin considering Amendments, the one proposed by the noble and learned Lord was of least importance. It should be remembered that solicitors were already represented upon the rule committee which had to consider the suggestions of the smaller rule committee.

LORD ASHBOURNE

recognised the great importance of this being an agreed Bill, and after what the noble and learned Lord had said he would not press the Amendment.

Amendment, by leave, withdrawn.

Clauses 4 to 10 agreed to.

Clause 11:

LORD ASHBOURNE

moved an Amendment to provide that where a Deputy-Judge was appointed he should be appointed by the Lord Chancellor. The Bill introduced, he thought with advantage, a provision for the payment of deputies. That was a new departure, and he was glad that the Treasury had seen their way to agree to this. But he thought it advisable to require that the deputy should be appointed by the Lord Chancellor. The County Court Judge might be so ill that he could not himself exercise the power of appointment, and therefore there must be some other person with that power, and he thought it was appropriate that it should be in the hands of the Lord Chancellor.

Amendment moved— In page 3, line 38, after the word 'appointed' to insert the words by the Lord Chancellor.'"—(Lord Ashbourne.)

THE LORD CHANCELLOR

recognised that there was a good deal of force in what his noble and learned friend had said, but hoped the Amendment would not be inserted. Perhaps the noble and learned Lord would allow him to consider the point between now and the next stage.

LORD ASHBOURNE

said he would willingly comply with the Lord Chancellor's request, though he believed it to be in the public interest that the appointment of deputies should rest with the Lord Chancellor.

Amendment, by leave, withdrawn.

Standing Committee negatived.