HL Deb 30 July 1946 vol 142 cc1140-3

3.57 p.m.

Order of the Day for the Second Reading read.

THE LORD CHANCELLOR (LORD JOWITT)

My Lords, I beg to move that this Bill be read a second time. It is part of a scheme, but only part of a scheme, to reorganize the staffing of the Assize Courts on a new centralized system under the control of the Lord Chief Justice. The existing Clerks of Assize are barristers who spend the greater part, but not the whole, of their time on their Assize work, a feature which is reflected in the amount of their salaries and in their lack of pension rights, but their Assize work prevents them from supplementing their salary by engaging effectively in private practice. Under the new system Clerks of Assize will be whole-time officers, and will have improved salary and pension rights on terms similar to those of King's Bench Masters, though the salary will not be so high. This is only part of the scheme. Clerks of Assize have subordinate officers, an Associate, a Clerk of Indictments and a Circuit Bailiff. Associates and Clerks of Indictments are often barristers. They are not obliged to have any professional qualification, but they are often, in fact, barristers. They also spend the greater part, but not the whole, of their time on their Assize work. They also have no pension rights, and their salaries are considerably smaller than those of Clerks of Assize. They also must find it difficult to supplement their salary by other remunerative work.

Now I must draw attention to the other side of the picture. When the King's Bench Judges are sitting in London taking civil cases, they are assisted by an officer who is also called an Associate but who never goes on circuit. The London Associate sits in Court below the Judge and his functions include the drawing up of a certificate which records the decision and forms the basis of the formal judgment. The London Associates are clerks in the higher grades in the Central Office of the Supreme Court. When the circuits are in full swing there are only a few of the Judges sitting in London, and only a few Associates are needed. Some of the circuit Judges, however, sit in London before they go on circuit, and others sit in London when they have returned. There are times, therefore, when it is difficult to find enough qualified Associates in London to man all the Courts. Under the new organization, the London Associates and the circuit Associates and Clerks of Indictments will all be part of one Department of the Central Office under the control of the Lord Chief Justice, and will work in London or on circuit as required. They will be specially trained and selected for both kinds of work. The Clerks of Assize, when not on circuit, will take a hand in the training, and the Associates will learn by the experience they gain in different circuits. Your Lordships, will understand that such an organization could not work unless it were under one head; and the most suitable person for this purpose is the Lord Chief Justice. To make this new organization possible, certain alterations are necessary in the Supreme Court of Judicature (Consolidation) Act, 1925, namely, those contained in this Bill.

Clause 1 gives the power of appointing Clerks of Assize to the Lord Chief Justice. At present, the appointing authority is the Judge who happens to go to the circuit where the vacancy occurs. The judges have agreed to surrender their power of appointment to the Lord Chief justice. The Clerk of Assize is to be a barrister of not less than five years' standing. It is found essential in practice, if the Clerk of Assize is to do his work properly, that he should be a member of the circuit, and indeed a member of the circuit Bar Mess, where he can be in close touch with the barristers actually practising on the circuit.

Subsection (2) applies to Clerks of Assize all the special statutory provisions relating to salaries, conditions of appointment, retirement and pensions that now apply to King's Bench Masters and other officers of the same class. Subsection (3) preserves the pension and rights of the Clerks of Assize who are now in office. Clause 2 deals with the surbordinate officers. Here also the rights of the existing circuit officers are preserved, but for the future the duties of circuit Associates and Clerks of Indictment on circuit will form part of the bush-less of the Central Office. Incidentally, the power of appointment is transferred from the Circuit Judge to the Lord Chancellor. Your Lordships will understand that a great deal of administrative work will be needed to bring the new system into operation. There must be rules creating a new Department of the Central Office, and existing officers must be given an apportunity of deciding whether to come into the new scheme or not. It is proposed, therefore, to bring Clause 2 into operation on such day as the Lord Chancellor may appoint. I may conclude by telling your Lordships that the late Lord Chief justice, Lord Caldecote, has approved this scheme; the present Lord Chief Justice approves the scheme and has put it before the Judge,, and they have all approved it. Therefore, I think it is a scheme which will manifestly commend itself to you.

Moved, That the Bill be now read 2ª.—(The Lord Chancellor.)

LORD LLEWELLIN

My Lords, for my part I think this is a good scheme. There were in the past too many cases where subordinate circuit officers had to give up their appointment, with no pension or anything like it to fall back on. And very often, they had to look to the generosity of their fellows on the circuit. I gather that that matter will be put in order, by making them officers of the Central Office of the Supreme Court. I was very glad to hear the noble and learned Lord on the Woolsack tell us twat it will be possible for the appointment of Clerks of Assize to be made from the circuit in winch they work. I think that is important not only from the point of view of getting to know and working with the barristers practising on that circuit—as the noble and learned Lord Chancellor has explained—but also from that of getting to know the solicitors who come with various cases before the Assize Courts on the circuit. It males for much better harmony in working, if the man who is the Clerk of Assize realizes the differences —or perhaps the idiosyncracies—which exist in the circuit. On the whole, I think this is a very good measure. I am glad to hear that it is approved by the present Lord Chief Justice, by his predecessor and by all the Judges of the High Court. I think it is a reform which is well worth making, and I think we shall be unanimous in giving this Bill a Second Reading this afternoon.

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