HL Deb 18 February 1926 vol 63 cc181-2

Order of the Day for the Second Reading read.

THE PAYMASTER-GENERAL (THE DUKE OF SUTHERLAND)

My Lords, this is a very simple measure. It is a Bill to amend the law relating to the execution of diligence in Scotland. At present it is practically impossible in various parts of Scotland, particularly in the northern and western counties, and in the islands to enforce the decrees of the Courts. This hindrance to the effective administration of justice is due to the very marked decline which has taken place during the last fifty years in the numbers of messengers-at-arms and sheriff officers, who alone under existing Statutes can competently take certain of the steps necessary to enforce or execute judgments of the Court of Session and the Sheriff Court. This Bill gives effect to the recommendations of a Departmental Committee which was appointed by the Secretary for Scotland in 1922, in response to representations by legal bodies, and which has thoroughly explored the situation. The main remedies proposed are an extension of the use of registered letters for the execution of certain processes, and the giving of power to the sheriff, when ho is satisfied that no messenger-at-arms or sheriff officer is reasonably available, to appoint any suitable person to execute a decree or warrant. The recommendations of the Committee have been received with approval in Scotland, and no charge on Government funds is involved, I beg to move.

Moved, That the Bill be now read 2a.— (The Duke of Sutherland.)

On Question Bill read 2a, and committed to a Committee of the Whole House.