§ 2.35 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 (a) what statutes provide for the appointment of High Court Judges for non-judicial functions; (b) how many and which Judges are at present acting either under a statute or otherwise for the whole or part of their time.]
§ LORD CHESHAMMy Lords, the answers to both parts of the noble Lord's question depend on what precisely he means by "non-judicial". I hope I am interpreting the noble Lord correctly in assuming that he does not wish me to refer to those Judges who serve on the various Rule Committees which make rules of procedure for the courts or on law reform committees. I shall also exclude the functions of my noble and learned friend, the Lord Chancellor, though he is a High Court Judge; on the other hand, I shall include the Lords of Appeal in Ordinary and the Judges of the Court of Appeal, though strictly speaking they are not all High Court Judges. With these limitations I shall do my best to answer.
First, the relevant Statutes are: The Public Record Office Act, 1838, by virtue of which the Master of the Rolls exercises—but will shortly cease to exercise—supervision over the Public Record Office; the Solicitors Act, 1957, under which the Lord Chief Justice and the Master of the Rolls have certain responsibilities (some of which may be delegated to another Judge) for the rules governing the admission and remuneration of solicitors. I should also mention the Restrictive Trade Practices Act, 1956, and the Representation of the People Act, 1949, which requires Election Petitions to be heard by two High Court Judges, though 160 the view of Her Majesty's Government is that the Judges who are members of the Courts set up under these Statutes act in a strictly judicial capacity.
With regard to the second part of the Question, the Judges at present engaged on non-judicial work are the noble and learned Lords, Lord Radcliffe, Lord Tucker and Lord Cohen, who are sitting on the Monetary and Credit Policy Committee, the Committee on the Publication of Reports and Proceedings before Examining Justices, and the Council on Prices, Productivity and Incomes respectively. Mr. Justice Wynn-Parry is Chairman of the Prison Officers' Committee. I should like also to tell the noble Lord that my noble and learned friend the Lord Chancellor, hopes that High Court Judges will serve on the Committees on Artificial Insemination and the Administration of Justice at Assizes and Quarter Sessions which my right honourable friend, the Home Secretary, intends to set up. Although these Committees will not be confined to considering changes in the law or in legal procedure, the latter will of course form an important feature of their inquiries. If the noble Lord would like a fuller list of Committee work currently being undertaken by Judges, my noble and learned friend will certainly let him have one.
§ LORD SILKINMy Lords, I am much obliged for the information. The noble Lord has correctly interpreted what I had in mind.