HL Deb 27 June 1978 vol 394 cc261-2

[References are to Bill [81] as first printed for the Commons]

[No. 1.]

Clause 30, page 14, line 13, after ' shall' insert 'subject to section 46(3) '.

The Lord CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 1. Clause 30 of the Bill gives the High Court exclusive original jurisdiction in Admiralty matters, and provides that the county court shall have no such jurisdiction. This clause was drafted with. civil proceedings in Admiralty in mind, but where the proceedings in question are criminal proceedings in respect of an indictable offence which is triable by virtue of the Admiralty jurisdiction of the Northern Ireland courts, then the case would go to the Crown Court. This is expressly provided for in Clause 46(3). The generality of Clause 30 is not at present, however, limited in any way, and the purpose of this Amendment is to make it quite clear that the High Court's jurisdiction does not overlap, but is subject to, that of the Crown Court under Clause 46(3).

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