COMMONS AMENDMENT (Hansard, 30 July 1958)

§ THE LORD CHANCELLOR

My Lords, may I say one word on the next two Amendments? The Franks Committee recommended that there should not be an appeal to the House of Lords in regard to the matters that they dealt with in their Report in regard to appeals from tribunals. Originally in the Bill we produced the pure milk of the Franks Committee's work, but that was not generally approved. On this occasion the Government were not chided for failing to give the whole of Franks but for giving the whole of Franks. However, some doubts were expressed, both here and in another place, on the basis that there might be a few cases where it was necessary to harmonise decisions between the Court of Appeal in England, the Court of Session in Scotland and the Court of Appeal in Northern Ireland. I do not think there is likely to be many of these cases. I had doubts about this matter, because I do not like involving people in extra expense and delay. However, the appeals will be subject to the safeguard that leave will have to be obtained, and therefore, I do not think there will be many of these cases. It is just conceivable that there might be a case where it was necessary to harmonise decisions in different countries.

497 There being considerable feeling in both Houses in favour of allowing this form of appeal, the Government agreed, and these Amendments are the result. I beg to move that this House doth agree with the Commons in the said Amendment.