§ 3.9 p.m.
§ The LORD CHANCELLOR (Lord Elwyn-Jones)My Lords, I have it in command from Her Majesty the Queen and His Royal Highness the Prince of Wales that they, having been informed of the purport of the Administration of Justice Bill, have consented to place their prerogative and interests so far as they are concerned on behalf of the Crown, the Duchy of Lancaster and the Duchy of Cornwall, at the disposal of Parliament for the purposes of the Bill. I beg to move that this Bill be now read a third time.
§ Moved, That the Bill be now read 3a—(The Lord Chancellor.)
§ On Question, Bill read 3a.
1502§ The LORD CHANCELLOR moved Amendment No. 1:
§
Line 7 at end insert—
("(2) The provisions specified in Part IIA of Schedule 5 below shall cease to have effect.")
§ The noble and learned Lord said: My Lords, your Lordships will observe from the Marshalled List that it has been necessary to table the Third Reading Amendments by reference to the print of the Bill as amended in Committee because it was not possible in the present circumstances to reprint the Bill as amended on Report in time. As a result, Amendment No. 1, which relates to a new clause inserted on Report, appears in a somewhat unusual form, but it should be treated in the same way as an ordinary Amendment to the Bill.
§ The Amendments which I shall be moving are all technical Amendments and consequential on Amendments introduced in Committee. Amendment No. 1 inserts a new subsection into the new clause, as yet unnumbered, which was inserted at the Report stage after Clause 7. The subsection merely introduces a new part of Schedule 5, the Repeal Schedule, containing the repeals which are consequential on the Amendment of Section 1 of the Oaths Act 1888. The effect of the repeals in each case is to remove from the Statute concerned words and phrases which assume that the right to affirm instead of taking the oath is limited to certain classes of person or to persons who can establish the necessary reasons for affirming. Now that the right to affirm will in future be available to any person who wishes to exercise it, without the need for giving reasons for doing so, these words and phrases are inappropriate and require deletion.
§ The Amendment to the Promissory Oaths Act 1868 goes a little further than this, since it repeals the whole of Section 11. That section, even if amended in the same way as the other sections referred to in the Schedule, would be unnecessaty since it would simply duplicate the effect of the Oaths Act 1888, and it is better to repeal it altogether in the interests of simplifying the Statute Book.
Viscount COLVILLE of CULROSSMy Lords, I had worked my way through the somewhat novel form of this Amendment and all I can say about it is that I am delighted that there has been an 1503 opportunity of clearing a number of superannuated passages of the Statute Book, and I am glad the noble and learned Lord has brought forward this extra part of the Repeal Schedule to deal with that. I am not sure why this part of the Repeal Schedule has to be IIA, but perhaps that can be dealt with in the printing.
The only point I would make about it is that I think I am right in saying that the way this will turn out will he that the existing new clause as it is now printed at the head of the Marshalled list will become subsection (1) of the new clause and this will be subsection (2) of the new clause rather than subsection (2) of Section 1 of the Oaths Act 1888, as substituted, because per se the latter would be repealing a whole lot of Acts that had not at that stage been passed. It is only a matter of form and I believe I have understood it properly. So far as the substance is concerned on this and on all subsequent Amendments, I am very happy indeed with them.
§ On Question, Amendment agreed to.
§ The LORD CHANCELLOR moved Amendment No. 2:
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Page 19, line 2, at end insert—
("( ) The Oaths Acts 1888 to 1961 and section (Oaths and affirmations) above may be cited together as the Oaths Acts 1888 to 1977.")
§ The noble and learned Lord said: This is a technical Amendment which brings the collective citation of the Oaths Acts up to date in the light of the Amendment to the 1888 Act which is made by the new clause in the Bill.
§ On Question, Amendment agreed to.
§ The LORD CHANCELLOR moved Amendment No. 3:
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Page 19, line 17, at end insert—
("section 20; section 21")
§ The noble and learned Lord said: My Lords, this Amendment inserts a reference to Sections 20 and 21 into Clause 30 (4). 1504 The effect is to bring sections 20 and 21, which are the new clauses dealing respectively with justices presiding in magistrates' courts and membership of Rule Committees into force one month after Royal Assent.
§ My noble and learned friend Lord Gardiner expressed concern at the Committee stage about the commencement provisions in the Bill. He appeared to fear that there was a long prospect of postponement of implementation of the measures proposed in the Bill. However, the position as it now stands will be as follows: 19 whole clauses and parts of two other clauses will come into force one month after Royal Assent; eight whole clauses and parts of two others will need an appointed day order; the two supplementary clauses will come into force on Royal Assent. I beg to move.
§ On Question, Amendment agreed to.
§ 3.16 p.m.
§ The LORD CHANCELLOR moved Amendment No. 4:
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Page 20, line 11, at end insert—
(11) Subsection (3) above, so far as it relates to any of the court-martial enactments, extends to any territory to which those enactments extend.
(12) In subsection (11) above "the court-martial enactments" means—
Section 102 of the Army Act 1955;
Section 102 of the Air Force Act 1955; and section 60 of the Naval Discipline Act 1957.
§ The noble and learned Lord said: My Lords, this is a technical Amendment which makes it clear that, in so far as Schedule 5 includes the repeal of certain provisions as to the taking of oaths at courts martial in section 102 of the Army Act 1955, Section 102 of the Air Force Act 1955 and Section 60 of the Naval Discipline Act 1957, these repeals are effective in any territory to which those enactments extend. Each extends to the Channel Islands, the Isle of Man and to certain overseas territories under British protection or administration. I beg to move.
§ On Question, Amendment agreed to.
1505§ Schedule 5 [Repeals]:
§
The LORD CHANCELLOR moved Amendment No. 5:
Page 34, line 21, at end insert—
| ("Part IIA OATHS AND AFFIRMATIONS |
||
| Chapter | Short Title | Extent of Repeal |
| 31 & 32 Vict. c. 72. | Promissory Oaths Act 1868. | Section 11. |
| 52 & 53 Vict. c. 63. | Interpretation Act 1889. | In section 3, in the definitions of the expressions "oath" and "affidavit", the words "in the case of persons for the time being allowed by law to affirm or declare instead of swearing". |
| 1 & 2 Geo. 5. c. 6. | Perjury Act 1911. | In section 15(2), in the definition of the expression "oath", the words "in the case of persons for the time being allowed by law to affirm or declare instead of swearing" and in the definition of the expression "swear", the words "in the like case". |
| 23 & 24 Geo. 5.c. 20. | False Oaths (Scotland) Act 1933. | In section 7(1)(b), the words "by a person for the time being allowed by law to affirm or declare, instead of swearing". |
| 3 & 4 Eliz. 2. c. 18. | Army Act 1955. | In section 102(a), the words from "and" to "belief" in the second place where it occurs. |
| 3 & 4 Eliz. 2. c. 19. | Air Force Act 1955. | In section 102(a), the words from "and" to "belief" in the second place where it occurs. |
| 5 & 6 Eliz. 2. c. 53. | Naval Discipline Act 1957. | In section 60(4)(a), the words from "and" to "belief" in the second place where it occurs. |
| 9 & 10 Eliz. 2. c. 21. | Oaths Act 1961. | In section 1(1), the words "in certain cases" and the words from "on" to the end of the subsection.") |
§ The noble and learned Lord said: My Lords, this Amendment inserts a new part Part IIA into Schedule 5 containing the necessary repeals in the Promissory Oaths Act 1868. the Interpretation Act 1889, the Perjurv Act 1911, the False Oaths (Scotland) Act 1933, the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957 and, finally, the Oaths Act 1961. As the noble Viscount indicated, printing will regularise the appearance of "IIA" in the Amendment. I have already explained the reason for making this Amendment in the Schedule in speaking to Amendment No. 1. I beg to move.
§ On Question, Amendment agreed to.
§ An Amendment (privilege) made.
§ The LORD CHANCELLORMy Lords, I beg to move that this Bill do now pass.
§ Moved, That the Bill do now pass.—(The Lord Chancellor.)
§ On Question, Bill passed, and sent to the Commons.