HL Deb 21 May 1925 vol 61 cc478-82

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Dunedin.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF DONOUGHMORE in the Chair.]

Clauses 1 to 3 agreed to.

Clause 4:

Applications to strike off register and complaints against law agents to be made to Committee.

4. An application to strike the name of a law agent off the register at the instance of a person other than the law agent himself, or a complaint against a law agent for misconduct, shall be made to the Committee, and shall be heard and determined by the Committee in accordance with rules to be made under this Act. If the Committee are of opinion that there is no primâ facie case of misconduct against the law agent, the Committee need not take further proceedings. The Committee shall, on application or complaint, have power to make any such order as to striking the name of the law agent off the register, or suspending him from practice or as to the payment by any party of expenses as the Court could have made under the existing law and practice.

LORD BALFOUR OF BURLEIGH moved to omit the words "If the Committee are of opinion that there is no prima facie case or misconduct against the law agent, the Committee need not take further proceedings." The noble Lord said: The whole of the Amendments which stand in my name are, in fact, merely drafting Amendments. I should like to explain to your Lordships that these Amendments have been discussed between the Scottish Office and my noble friend Lord Dunedin, and I am able to tell your Lordships that they have been put down with the consent and approval of Lord Dunedin. In the circumstances I do not know if I should be in order moving the Amendments en bloc. The Government entirely approve the object of the Bill, and would be very glad indeed if your Lordships will allow it to go through this stage to-night.

Amendment moved— Page 2, line 16, leave out from ("Act") to ("The") in line 19.—(Lord Balfour of Burleigh.)

LORD DUNEDIN

I would only add that, as well as the representative of the Scottish Office, I had the advantage of a representative of the Opposition.

LORD ARNOLD

So far as we are concerned we have no objection to the course proposed.

THE LORD CHAIRMAN

As I understand these Amendments are all practically drafting Amendments, no doubt it would he to the convenience of your Lordships that we should take them in rather short form.

On Question, Amendment agreed to.

Amendment moved— Page 2, line 19, after ("on") insert ("any such").—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5:

Procedure on applications or complaints.

5. The Committee shall give notice to the law agent affected by any charge, and shall make enquiry into the case, giving the person affected reasonable opportunity of making his defence. The Committee may administer and take oaths and affirmations for the purpose of any application made to them under this Act, and the applicant on any such application, and the law agent to whom the same relates, may respectively, for the purpose of such application, be entitled to require the evidence of parties, witnesses and others interested, and to call for and recover such evidence and documents, and examine such witnesses as to them may seem proper, but no person may be compelled to produce any document which he could not be compelled to produce on the trial of an action. Any competent court on the recommendation of the Committee and on the petition of a party to the application or complaint may grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation.

LORD BALFOUR of BURLEIGH moved, at the beginning, to leave out "The Committee shall give notice to the law agent affected by any charge, and shall make inquiry into the case, giving the person affected," and to insert: "If, on any such application or complaint as aforesaid, the Committee are of opinion that there is no primâ-facie case against the law agent, they need not take any further proceedings, but if the Committee are of opinion that there is a primâ-facie case they shall give notice to the law agent and shall make inquiry into the case, giving the law agent."

Amendment moved— Page 2, line 25, leave out from beginning to ("reasonable") in line 27, and insert the said words.—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

Amendment moved— Page 2, line 30, after ("application") insert ("or complaint").—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

LORD BALFOUR of BURLEIGH moved to leave out all words after "under this Act" down to, and including "Any competent court," and to insert: "The Court of Session or the Sheriff Court within whose jurisdiction the law agent to whom any such application or complaint relates has his place of business may."

Amendment moved— Page 2, line 31, leave out from ("Act") to the first ("on") in line 40, and insert the said words.—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

Amendment moved— Page 2, line 42, leave out ("may").—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6 (Procedure regarding orders by the Committee):

Amendments moved—

Page 3, line 14, leave out from ("pronounced") to end of line

Page 3, line 22, at end insert ("and shall subject to any directions issued under Section eleven of the principal Act give effect to the order in the register")

Page 3, line 23, leave out subsections (3) and (4) and insert:

("(3) The Lord President may under Section fourteen of the principal Act issue rules and directions with regard to any alteration on the rolls of law agents required to give effect to orders made under this Act").—(Lord Balfour of Burleigh.)

On Question, Amendments agreed to.

Clause 6, as amended, agreed to.

Clause 7 (Appeals to the Court):

Amendment moved— Page 3, line 39, after ("applicant") insert ("or complainer").—(Lord Balfour Of Burleigh.)

On Question, Amendment agreed to.

Clause 7, as amended, agreed to.

Clause 8 (Power to make rules and regulations):

Amendment moved— Page 4, line 2, leave out ("of the Court").—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

Clause 8, as amended, agreed to.

Clause 9 agreed to.

Clause 10 (Saving existing jurisdiction of Court over law agents):

Amendment moved— Page 4, line 15, at beginning insert ("Save as provided in Section fear").—(Lord Balfour of Burleigh.)

On Question, Amendment agreed to.

Clause 10, as amended, agreed to.