HL Deb 11 June 1959 vol 216 cc1075-7

8.2 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Meston.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD MERTHYR in the Chair.]

Clause 1 [Additional courts of quarter sessions in certain boroughs]:

LORD MESTON

With your Lordships' permission I should like to discuss the three Amendments in my name together. At the present moment the position is that a resolution of the borough council is required before the sessions have begun to enable the recorder to exercise his powers under this section and appoint an additional court or courts to assist him in the course of the session. Your Lordships well know that it may happen that it is not until after the sessions have begun that a recorder can form an opinion as to whether he wants any help and as to what help he may require. To take a homely example, suppose a case which ought to he finished in two hours in fact takes two days, and upsets everybody and everything. These Amendments simply enable the necessary resolution to be passed not merely before the sessions have begun but even after the sessions have begun. The final Amendment provides, in effect, that the business of passing the necessary resolution may be delegated by the council to any appropriate committee of the council. I think that is quite in common with ordinary local government procedure. I beg to move the first Amendment in my name.

Amendment moved— Page 1, line 19, leave out ("before any quarter sessions it is") and insert ("it has been")—(Lord Meston.)

EARL ST. ALDWYN

On behalf of my noble and learned friend the Lord Chancellor, I should like to say that we welcome these Amendments and give them our full support.

On Question, Amendment agreed to.

LORD MESTON

I beg to move the second Amendment which stands in my name.

Amendment moved—

Page 1, line 25, leave out ("and those quarter sessions").—(Lord Meston.)

On Question, Amendment agreed to.

LORD MESTON

I beg to move the third Amendment which stands in my name on the Order Paper. I do not think your Lordships would wish me to read it Out.

Amendment moved— Page 2, line 7, at end insert— ("(2) In paragraph (a) of subsection (6) of the said section one hundred and sixty-eight (which provides that a recorder shall not exercise the powers given by that section unless it has been before each quarter sessions certified to him that the council of the borough have resolved that it will be expedient that those powers be exercised), the words before each quarter sessions ' are hereby repealed and any reference in the said section one hundred and sixty-eight or in the said section fifteen as amended by the foregoing subsection to the council of a borough shall be construed as a reference to that council or the appropriate committee thereof.")—(Lord Meston.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Remaining clause agreed to.

House resumed.

Then, Standing Order No. 41 having been dispensed with (pursuant to Resolution), the Amendments reported.

Bill read 3a, with the Amendments, and passed and returned to the Commons.