HL Deb 05 December 1963 vol 253 cc1016-7

3.22 p.m.


My Lords, I beg to move the Motion which stands in my name on the Order Paper. I do not think your Lordships will require me to say much about it, as I explained the purpose of a similar Motion to your Lordships quite recently. Since that discussion I have had an opportunity of being in communication with the noble Lord, Lord Silkin, and I think that he has considered the terms of the Motion. There is one thing that I should like to correct in relation to what I said to your Lordships last week. I was then under the impression that the Motion was of a novel character, and that I was moving it for the first time. Since then it has been drawn to my attention that my noble predecessor, Lord Kilmuir, moved a rather similar Motion on December 21, 1960, shortly after the Administration of Justice Act of that year had been passed. For this reason, the wording of the Motion now before your Lordships is slightly different in form from that which was put down in my name last week: I feel that it is better for the present Motion to be in identical terms to that agreed to by your Lordships in 1960. I hope that your Lordships will not think it necessary for me to add any more to what I have already said, last week and now, in relation to this Motion. I beg to move.

Moved, That in pursuance of Section 1 of the Administration of Justice Act, 1960, in all appeals in which the leave of the House is required under the Administration of Justice Act, 1960, the Petition for leave to appeal shall, after being received by this House, stand referred to the Appeal Committee, and the Appeal Committee may, after consideration whether such leave should be granted, take their decision and give directions accordingly on behalf of the House.—(The Lord Chancellor.)


My Lords, I do not want to add very much to what the noble and learned Lord the Lord Chancellor has said. This Motion is rather different from the one that was put before the House earlier, and, if I may say so, much easier to understand. Some of us had some difficulty last time in following either the Motion or the explanation, and we thought that there ought to be some time to study it. If the Motion had been put down in this form, and if we had realised that it was not the first time that such a Motion had been before the House, of course it would have gone through without any discussion at all. As it is, I fully understand this Motion, as I am sure does every Member of the House, and we have no objection to it.

On Question, Motion agreed to.