HL Deb 30 October 1969 vol 305 cc124-5

My Lords, I beg to move the Motion standing in my name on the Order Paper. The House will remember that on Tuesday we appointed the Appellate Committees, which are the Committees of your Lordships' House that hear the Judicial Business before the House. The purpose of this Motion is to appoint the Appeal Committees, which hear applications and petitions for leave to appeal.

The object of appointing two Appeal Committees is the same as the object of appointing two Appellate Committees: namely, that if the state of business requires it two Committees can sit at the same time. The Motion differs from previous Motions in two respects. First, it provides that in the absence of the Lord Chancellor the senior Lord of Appeal in Ordinary shall take the Chair: and secondly, since last year, criminal appeals from the Court of Appeal, the Court of Criminal Appeal in Northern Ireland and the Courts-Martial Appeal Court are governed by Acts of Parliament other than the Administration of Justice Act 1960, and that is why they have to be referred to in the Motion. I beg to move.

Moved, That this House, in discharge of its constitutional duty to act as the ultimate tribunal in appeals from England, Scotland and Northern Ireland. orders that two Committees, each of which shall include all Lords qualified under section 5 of the Appellate Jurisdiction Act 1876, as amended by any subsequent enactment, be appointed to consider, during the present Session, such Petitions as may be referred to them and other matters relating to Causes depending in this House, and to Causes formerly depending in this House; and all other matters relating thereto; and that in such Committees, in the absence of the Lord Chancellor, the Senior Lord of Appeal in Ordinary present do take the Chair: and that, in pursuance of section 1 of the Administration of Justice Act 1960, section 33 of the Crinimal Appeal Act 1968. section 36 of the Criminal Appeal (Northern Ireland) Act 1968 and section 39 of the Courts-Martial (Appeals) Act 1968, in all Appeals in which the leave of this House is required under those Acts, the Petition or Application for leave to appeal may, after being received by this House, be referred to one of such Committees as aforesaid, and such Committee may, after consideration whether such leave should be granted take its decision and give directions accordingly on behalf of the House.—[The Lord Chancellor.]

On Question, Motion agreed to.