§ 2.45 p.m.
§ THE LORD CHANCELLOR (VISCOUNT JOWITT)My Lords, I rise to move the Order which stands in my name on the Order Paper. It is rather lengthy but it comes simply to this. It so happens that in the week after Whitsun, beginning on June 14, as your Lordships' House is not sitting in its legislative capacity there is an opportunity of sitting again judicially. I think it very desirable that Judicial Business should be conducted in this House, and I myself shall then have an opportunity of taking part in the Judicial Business which, unfortunately, I can seldom attend to when the House is sitting in its legislative capacity.
1326 It is proposed to vacate the existing Order which automatically refers matters to the Appellate Committee in order that we may revert, for the nonce, to the old procedure whereby the House meets in this Chamber for Judicial Business. I must not lead your Lordships to suppose, alack, that there is anything permanent about this, because we are still threatened with horrible noises, not only here but in the Royal Gallery, the roof of which is to be repaired. I am afraid that the procedure which is the subject of this Motion must be regarded as merely temporary, and at the begining of the next Sittings we shall require a further Motion. The present one is confined to that week which begins on Tuesday, June 14, when we shall be sitting for Judicial Business in this Chamber and not for Legislative Business. I beg to move.
Moved to resolve:
That the resolutions of the 11th of May, 1948, relating to the reference of Appeals to an Appellate Committee, be rescinded, and that the Order dated the 26th of October, 1948, appointing the Appellate Committee be discharged;
That this House, while insisting on the constitutional duties of the House of Lords as the Supreme Court of Appeal, nevertheless in order to facilitate the judicial work of the House during the emergency caused by the building operations now in progress, approves the adoption of the following procedure as from Tuesday the 21st of June until such operations are concluded, vizt.:
That all Appeals shall, on being set down for hearing, be referred to an Appellate Committee, which shall include persons qualified under s. 5 of the Appellate Jurisdiction Act, 1876, as amended by any subsequent enactment, with an instruction to hear the Appeals when and where the Lord Chancellor may determine. Such Committee shall, after the hearing, make a report to the House and upon the Motion for the consideration of the Report, the Lords shall deliver their opinions to the House, and the House shall thereupon give judgment;
That a Committee which shall include all Lords qualified under s. 5 of the Appellate Jurisdiction 1327 Act, 1876, as amended by any subsequent enactment, be appointed to hear any Appeal appointed for hearing on and after Tuesday the 21st June that may be referred to them during the present session, and that the Committee do meet when and where the Lord Chancellor may determine, and have leave to report to the House from time to time.—(The Lord Chancellor.)
§ VISCOUNT SIMONMy Lords, perhaps I may be allowed to say a word or two on this Motion as I have been specially interested in this matter. I thoroughly approve of what is proposed, and I would call the attention of your Lordships to the fact that the Resolution, quite properly, refers to this temporary arrangement for the appellate jurisdiction of the House to be exercised elsewhere as one which is to take place
during the emergency caused by the building operations now in progress.It is the continuance of these building operations, and the noise appertaining thereto, which is the justification for what is in itself a very undesirable division of the functions of this House, one function being carried on in one place and another elsewhere. I say that, because we all desire to preserve in proper constitutional fashion the exercise of both functions of the House of Lords in the customary and traditional form.
§ On Question, Motion agreed to.