HL Deb 19 May 1970 vol 310 cc992-4

[No. 3]

Clause 3, page 3, line 43, leave out subsections (3) and (4).

THE LORD CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 3. The effect of this Amendment is to remove from Clause 3, the Commercial Court, the provisions that would have enabled Rules of Court to be made to allow the Commercial Court, in such circumstances as might be prescribed, to disregard the strict rules of evidence and to sit in private.

This was the only really contentious matter as it developed in the other place. Your Lordships' House accepted the provision without much argument. If I had been asked what I thought would happen in another place I should have said that some of the supporters of the Government who sit on the Back Benches, finding something which is being done to please the City and the interests of the Commercial Court Users' Conference might not agree, but that the Conservative Opposition would strongly support that for which there has been such a clamant demand for some years in all commercial centres in the City of London. But I am afraid that there was something of an Election atmosphere. And the Opposition, finding objection from some of the Government supporters, and finding that the Press, just as they had coined the phrase "grants for students' mistresses "were now talking about" secret courts", supported the Amendment.

The Amendment was defeated in Committee, but only by the casting vote of the Chairman; and when it came to the Report stage the Government were defeated by one vote. I think that this was the only time in this Session, if not in this Parliament, that this has happened on the Floor of the House. But one has to accept defeat on occasions in life, and the Government decided to do so; and accordingly I would advise my noble friends in this House to accept the Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)

VISCOUNT COLVILLE OF CULROSS

My Lords, I do not think at this stage of Parliament I shall get into terrible trouble with my colleagues, either in another place or in this House, if I say that I have never been able to see what was wrong with this provision. But never mind: the other place has spoken, as the noble and learned Lord has told us. I would not advise anybody to seek to put back these words and to resist this Amendment. I think we had better leave the matter as the Commons left it on Report, particularly as the Government have accepted the situation.

On Question, Motion agreed to.