§ 2.37 p.m.
§ LORD SILKINMy Lords, on behalf of my noble friend, Lord Archibald, I beg to ask the Question which stands in his name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they will consider taking further steps to bring to the notice of magistrates the pronouncements made by the Lord Chancellor during the debates on the Road Traffic Bill regarding penalties for certain driving offences, and in particular whether they will send a copy of these pronouncements to all magistrates' clerks, as the Press has virtually ignored them and the Magistrates' Association comprises only about fifty per cent. of all magistrates.]
§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)My Lords, I shall be glad to consider the noble Lord's suggestions for giving further publicity to the pronouncements which I made during the debates on the Road Traffic Bill. As I pointed out in reply to the noble Lord, Lord Teviot, during the Report stage of the Bill, this may well be the last chance of voluntary serious consideration of one of the greatest evils of our time. A serious effort must therefore be made to use the voluntary thought and good sense of magistrates if consideration of minimum sentences either of fine or imprisonment is to be avoided. I would remind noble Lords, however, that, as I also 355 pointed out during the course of the debates, the Executive must never interfere with the Judiciary in the exercise of their work; and therefore no member of the Executive should do anything which may appear to be giving instructions to the magistrates. I should like therefore a further opportunity of considering the noble Lord's proposals in the light of this constitutional principle.