COMMONS AMENDMENT (Hansard, 19 May 1970)

§ THE LORD CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 45. Under the Government of Ireland Act 1920, all matters relating to the Supreme Court in Northern Ireland are, subject to certain exceptions, outside the powers of the Parliament at Stormont. If the Northern Ireland Parliament were to attempt to enact legislation similar to Clause 33 the legislation might, without this Amendment, be ultra vires. This would be because, in conferring an exclusive jurisdiction on the county court, the measure would be depriving the Supreme Court of its jurisdiction and consequently be a law in respect of a matter relating to the Supreme Court in contravention of the 1920 Act. The Amendment will make it clear that legislation of the Parliament of Northern Ireland, which confers on the county courts in Northern Ireland jurisdiction similar to that envisaged in Clause 33, cannot be challenged on constitutional grounds. I beg to move.