HL Deb 27 March 1975 vol 358 cc1314-5

[No. 6]

Clause 13, page 9, leave out lines 13 and 14 and insert "for a licensing division, being a division in which the solicitor does not ordinarily exercise any functions as a justice of the peace in a licensing court."

Lord HUGHES

My Lords, I beg to move that the House doth agree with the Commons in their Amendment No. 6. The provisions of Clause 13 were the subject of earlier discussion in this House and in another place. I think it has been generally accepted that the basic principles underlying this clause, which have been accepted in Scotland and in England for many years, must be maintained, not least in the district courts where legal aid will be introduced and where there will be even stronger reason for keeping a clear distinction between a solicitor justice on the Bench and solicitors who appear for the defence in these courts.

When the Government examined the comments made about this clause, both inside and outside Parliament, it appeared to us that the scope of relaxation of disqualification provided for in subsection (3) went further than some appeared to appreciate. We thought it would be a useful clarification to reword part of this provision to make it clear that the solicitor who is a justice may act as a solicitor before a licensing court in a licensing division other than the one on which he acts as a justice. The opportunity was also taken to omit the reference to a court of appeal for a licensing division, since these courts will not exist after 15th May 1975 and the words would have become superfluous. I hope that your Lordships will accept that a useful clarification has been made on a fairly technical provision of this clause. I beg to move.

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

Lord CAMPBELL of CROY

My Lords, what the noble Lord has told us seems eminently reasonable, and I, for my part, would not raise any points on this. It is a technical matter, but it needs to be made perfectly clear whether or not solicitors are disqualified. May I simply add, in regard to what the noble Lord said earlier, that we took up some time on the last Amendment because we felt that this was really the main issue; we hoped that it would be helpful to him to have the main discussion on that Amendment.

On Question, Motion agreed to.