THE MARQUESS OF EXETERMy Lords, I beg to ask His Majesty's Government the question appearing in my name on the Order Paper.
§ [The question was as follows:
§ To ask His Majesty's Government:
§ (1) Whether they are in agreement with the view that the names of justices of the peace who cease to live in a county should be removed from the Commission thereof, and if the Lords Lieutenant of Counties will be supported in their efforts to induce such absentee justices to resign from the Commission;
§ (2) by what method and by whom justices who are no longer fitted to adjudicate in court should be approached with a view to their transferring to the Supplemental List.]
§ THE LORD CHANCELLOR (VISCOUNT SIMON)My Lords, I agree with my noble friend that it is desirable that the names of justices of the peace should be removed from the Commission if they have left the county and are no longer in a position to carry out the duties of the office. Their continuance on the list is of no public advantage and involves a great deal of useless communication and expense in postage. I do not doubt that in the great majority of such cases, the justices concerned will comply with any suggestion made to them by Lords Lieutenant that 346 they should voluntarily resign. If, however, there should be any cases where justices who have left the county refuse to offer their resignations, or if they should fail to reply to letters addressed to them by Lords Lieutenant upon this subject, then I should be prepared to give directions for their names to be removed from the Commission.
Then, in reference to the second question put by my noble friend, in cases where, by reason of age or infirmity or other like cause, justices are no longer fitted to adjudicate in court, the first approach to such justices that they should go on the Supplemental List is made most fittingly by Lords Lieutenant, who have the advantages not only of their personal position but of local knowledge. I am grateful to Lords Lieutenant for undertaking the duty, which can never be very agreeable, of urging such justices to apply for such transfer. It is my experience that in the great majority of cases justices respond with great public spirit to such approaches, and I am very much indebted to many elderly justices for the manner in which they have accepted and acted upon advice thus given to them. If, however, any justice who is past court work should refuse to act upon such a suggestion that he should be transferred to the Supplemental List, then, if the facts are brought to my notice it will be my intention (after, of course, making my own communication to the justice, and, if necessary, my own inquiries) to support the Lord Lieutenant by using my powers under the Act.