§ 2.40 p.m.
§ EARL JOWITTMy Lords, I beg to ask Her Majesty's Government the Question of which I have given private notice. The Question is as follows: Whether their attention has been drawn to the delays in the hearing of civil actions at Assizes and, if so, whether they have any statement to make.
THE LORD CHANCELLOR (LORD SIMONDS)My Lords, the delay in bringing civil actions to trial in London and at some of the large towns on circuit is undoubtedly serious, and I am grateful to the noble and learned Earl for giving me an opportunity of making a full statement on the matter. The reason for the delays is a simple one. It is the serious increase in crime throughout the country, to which my noble and learned friend the Lord Chief Justice has often referred in this House and which is to an ever-increasing extent taking up the time of Her Majesty's judges both in London and at the Assizes. As an example of what is happening, I may tell your Lordships that at the Assizes which are at present being held at Manchester only one of the three Queen's Bench judges has been able to give any time to the trial of civil actions, and he has not been able to do so regularly. 1042 In consequence, it is likely that fewer than 30 civil cases will have been tried by the end of the Assizes, leaving about 520 cases awaiting trial, though this number may be further substantially reduced by cases being settled. Many of these 520 cases—about 40 per cent., in fact—have been set down for a comparatively short time, and no doubt a number of them are not yet really ready for trial. It is still true, however, that many cases have been set down for some months.
So far as the delays on circuit are concerned, the Lord Chief Justice does everything that is possible to deal with this very difficult problem by sending out as many judges as he can spare while giving due regard to the needs of London, so as to ensure that the delays are evenly balanced; and, in fact, the delays at Manchester and Liverpool are very much the same as in London. The difficulty is, perhaps, a rather special one in South Lancashire, owing to the thickly-populated area from which cases come to trial at Liverpool and Manchester. It would ease the position at Assizes if a court were set up in South Lancashire corresponding to the Central Criminal Court in London, to which many of the serious cases which have at present to be tried at Assizes could be sent.
As the Home Secretary has already announced in another place, he and I have appointed a Committee to inquire into this matter, with the following terms of reference:
To inquire into the need, in order to relieve pressure on Courts of Assize and quarter sessions, for the establishment in South Lancashire of a court on the lines of the Central Criminal Court; and, if the need for such a court is made out, to consider and to report upon its composition, the nature of its jurisdiction, the areas (whether within or outside Lancashire) from which persons might be committed thereto, its place or places of sitting, and how the cost of providing, maintaining and operating the court should be met.The Committee has been asked to treat the matter as one of urgency and to report at the earliest possible moment.I have also decided to recommend to Her Majesty the appointment of another High Court judge. Provision is already made for this by the High Court and County Court Judges Act, 1950, and no legislation will be necessary. The appointment of one more judge will go some way towards easing the position, and further relief can be and is being given 1043 by the sending of Commissioners of Assize to the places on circuit at which the worst congestion exists. I can assure your Lordships that I am giving, and will continue to give, the closest consideration to this problem, and that everything practicable is being done to cope with it, but it is, I fear, one which is likely to remain in some degree so long as the trial of crime occupies so much of the time of Her Majesty's judges.
§ EARL JOWITTMy Lords, I am sure the House will be relieved to hear that the Lord Chancellor has this matter under his most earnest consideration. Personally, I am very glad that he is exploring the possibility of setting up in Lancashire something analogous to the Court of Criminal Appeal. I am sure he will realise that a policy of balancing delays evenly is very much a second-best policy. The right policy, manifestly, is to see that there are no delays. If he is in any difficulty about the number of judges, I very much hope that the Lord Chancellor will not hesitate to come to Parliament to ask for the necessary powers, because if there are too many judges and on occasion they have to go and play golf, or what you will, that is far better than that lieges should have to suffer the difficulty of delays in the hearing of their cases over long periods of time. The trouble about delays in hearing cases has existed since Shakespeare's time, and it would be a very great attribute of the Lord Chancellor if he could be the first Lord Chancellor finally to end it.
THE LORD CHANCELLORI am grateful to the noble and learned Earl for what he has said. Of course I will bear his suggestion in mind.