§ 3.5 p.m.
§ LORD SILKINMy Lords, I beg to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they have considered the recommendation of the Evershed Committee that dates should be fixed for witness actions in the Queen's Bench Division of the High Court; and if so, what action they propose to take upon it.]
§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)My Lords, the adoption of this important proposal of the Evershed Committee has hitherto been impracticable owing to the heavy pressure of High Court business in London and at assizes. Quite recently, however, there has been a change in the situation. This is due to various causes, including the diversion of business to the county courts and to the newly constituted Crown Courts at Liverpool and Manchester which has taken place as a consequence of two Acts passed in the last Session. It has now become possible to begin the preparation, with a view to the introduction in the next Sittings of the Courts, of a scheme for fixed dates for the trial of witness actions in the Queen's Bench Division in London. My noble and learned friend the Lord Chief Justice and I are considering the details of the scheme, which I hope to announce before long.
§ LORD SILKINMy Lords, I am grateful for that reply, and I congratulate the Government on having arrived at a decision on this matter within seven years of publication of the Report, instead of the usual nine. Will it be possible to issue a statement or a White Paper, or something of that sort which, if need be, we could discuss? I have down a Motion 674 —or perhaps I should say either it is down or it is in process of getting down —for debate, but it might well turn out, in the light of a statement or a White Paper such as I have suggested, that such a discussion would be unnecessary. Until we get some kind of document which can be considered, however, it will not be possible to come to a decision.
§ THE LORD CHANCELLORMy Lords, I am grateful to the noble Lord, Lord Silkin, for his suggestion. If I might get in touch with him and tell him how the discussions and considerations between the Lord Chief Justice and myself are going on, we could then, perhaps, say what would be the most suitable form, for the benefit of the public, as well as of the legal profession, for announcing the results. I will certainly bear in mind most sympathetically the noble Lord's suggestion of a White Paper.