§ 2.44 p.m.
THE LORD CHANCELLORMy Lords, it is my duty to move once again the Resolution standing in my name on the Order Paper. I venture to read it out, and not merely refer to it, because, as I said a year ago, on almost the first occasion I had the privilege of addressing your Lordships from this place, I do not want this Motion to be taken as a matter of course and dealt with immediately, without your Lordships being aware of its nature. The Motion I have to move is this:
That this House, in discharge of its constitutional duty to act as the ultimate appellate tribunal in appeals from England, Scotland and Northern Ireland, Orders that a Committee, which shall include all Lords qualified under section five of the Appellate Jurisdiction Act, 1876, as amended by any subsequent enactment, be appointed to hear, during the present Session, such Appeals as may be referred to them in order to secure the due expedition of public and judicial business; and that the Committee have leave to report to the House from time to time."As your Lordships see, this Motion involves once more the relegation to a Committee of the ancient and historic function of this House to exercise the powers of the High Court of Parliament. It has become necessary in past years that that should be done because this House cannot perform two functions at one time, and so long as it sits at half-past two in the afternoon on Tuesday and Wednesday, sometimes on Thursday, and, though very rarely, on other days, it is well-nigh impossible for it to discharge its judicial functions except by referring them to a Committee. That course has been followed in recent years and it must be followed still until some way out is found. I see no other way except that we should resume sittings at the old hours but, of course, that is a matter for others beside myself to consider. As matters now stand, I can only invite your Lordships to accept this Motion and once more to delegate this function to a Committee which reports in due course to this House. I beg to move the Motion standing in my name on the Order Paper.Moved, That this House, in discharge of its constitutional duty to act as the ultimate appellate tribunal in appeals from England, Scotland and Northern Ireland, Orders that a Committee, 26 which shall include all Lords qualified under section five of the Appellate Jurisdiction Act, 1876, as amended by any subsequent enactment" be appointed to hear, during the present Session, such Appeals as may be referred to them in order to secure the due expedition of public and judicial business; and that the Committee have leave to report to the House from time to time.—(The Lord Chancellor.)
§ On Question, Motion agreed to, and ordered accordingly.