HL Deb 09 March 1978 vol 389 cc923-38

3.22 p.m.

The LORD CHANCELLOR (Lord Elwyn-Jones)

My Lords, 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.

Clause 11 [Exercise of functions of Lord Chief Justice]:

The LORD CHANCELLOR moved Amendment No. 1: Page 5, line 18, after first ("or") insert ("if").

The noble and learned Lord said: My Lords, this is simply a drafting Amendment, as indeed are almost all, or at least a large number, of the Amendments on the Marshalled List, and it makes no change of substance. Your Lordships will recall that I moved an identical Amendment at Report stage but I withdrew it after there was some discussion in order to be able to reconsider it and other aspects of the wording of the clause.

Having given the matter further consideration, I think that this Amendment—although it is not strictly necessary—makes the clause a little easier to understand and that it would be better if it were made. As I see that the noble Lord, Lord Foot, is in his place, perhaps I may refer to the other point which was raised in relation to the words, done to or by the Lord Chief Justice in line 16 of page 5. I quite agree that those words are not wholly felicitous, but unfortunately it has proved impossible to find any practicable alternative that is certain to cover all the matters in respect of which power is assigned to the Lord Chief Justice. The verb "to do" is the only one which is sufficiently general to be safe. Nor is it possible to dispense with the words "to or" in line 16 because there may be matters—for example the giving of notice—which need to be done to the Lord Chief Justice but do not require any action by him. I hope that your Lordships will be satisfied with that explanation and will be disposed to accept the Amendment. I beg to move.

Lord FOOT

My Lords, it would not be charitable of me not to acknowledge the great trouble to which the noble and learned Lord has gone to try to meet my point. He has been kind enough to write to me at length on the matter. I can only say that I am entirely convinced by the arguments that he has addressed to the House.

On Question, Amendment agreed to.

Clause 18 [Application for judicial review]:

3.25 p.m.

The LORD CHANCELLOR moved Amendment No. 2: Page 8, line 16, leave out ("to which the applicant") and insert ("which the applicant has claimed and to which he").

The noble and learned Lord said: My Lords, this Amendment seeks to correct a drafting error and to ensure that the provisions of subsection (3) of Clause 18 do not conflict with those of paragraph (c) of the preceding subsection. I beg to move.

On Question, Amendment agreed to.

The LORD CHANCELLOR rose to move Amendment No. 4. The noble and learned Lord said: My Lords, this is simply a drafting Amendment. It is designed to ensure that the provisions of Clause 34 (3)(a) do not have the effect of substituting references to the Court of Appeal for references to the Court of Criminal Appeal in this Bill, where such substitution would be inappropriate.

I am told that I have failed to deal with Amendment No. 3, so with the leave of the House perhaps I could return to that. The pirouetting process occasionally presents difficulties, I am afraid; I apologise.

Clause 29 [Co-ordinating of exercise of jurisdiction in relation to persons under disability]:

The LORD CHANCELLOR moved Amendment No. 3: Page 13, line 10, leave out from ("affecting") to end of line 11 and insert ("such a person arises in a cause or matter so brought;").

The noble and learned Lord said: My Lords, Amendment No. 3 is purely a drafting Amendment to clarify the use of the word "such" in subsection (1)(b) of this clause. I venture to think that the heavens would not have fallen if I had continued to forget to move this Amendment, but I beg to move nevertheless.

On Question, Amendment agreed to.

Clause 34 [General jurisdiction of Court of Appeal]:

The LORD CHANCELLOR moved Amendment No. 4: Page 18, line 6, leave out ("passed or made") and insert ("in force").

The noble and learned Lord said: My Lords, this is simply a drafting Amendment and I do not think that I need say any more. I beg to move.

On Question, Amendment agreed to.

Clause 55 [Rules of court]:

The LORD CHANCELLOR moved Amendment No. 5: Page 36, line 23, leave out ("judge or statutory officer") and insert ("or judge").

The noble and learned Lord said: My Lords, with this Amendment I shall speak also to Amendment No. 6. These are simply drafting Amendments which will ensure that the provisions of subsection (2)(a) of Clause 55 do not conflict with those of subsection (1)(a) of that clause. I beg to move.

On Question, Amendment agreed to.

The LORD CHANCELLOR moved Amendment No. 6: Page 36, line 25, after ("of") insert ("statutory officers or").

The noble and learned Lord said: My Lords, this Amendment is consequential on Amendment No. 5. I beg to move.

On Question, Amendment agreed to.

Clause 69 [Officers and staff]:

3.28 p.m.

The LORD CHANCELLOR moved Amendment No. 7: Leave out Clause 69 and insert the following new clause:

Northern Ireland Court Service.

"69.—(1) There shall be a unified and distinct civil service of the Crown, to be called the Northern Ireland Court Service and hereafter referred to as the Court Service ", the functions of which shall be—

  1. (a) to facilitate the conduct of the business of the following courts, namely—
    1. (i) the Supreme Court;
    2. (ii) county courts;
    3. (iii) magistrates' courts; and
    4. (iv) coroners' courts;
  2. (b) to give effect to judgments to which the Judgments (Enforcement) Act (Northern Ireland) 1969 applies; and
  3. (c) to discharge such other functions in relation to the courts mentioned in paragraph (a) or the enforcement of the judgments mentioned in paragraph (b) as are conferred on, or transferred to, it or any of its officers by or under this Act or any other statutory provision.

(2) The officers and other staff of the Court Service shall be appointed by the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and terms and conditions of service, and shall discharge their functions in accordance with directions given by the Lord Chancellor.

(3) The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 shall, with the necessary adaptations, apply to such officers and staff.

(4) The functions exercisable by the Court Service under subsection (1) shall include the functions heretofore exercisable by—

  1. (a) the officers and other persons employed in the Supreme Court;
  2. (b) the persons employed in the county court service by virtue of section 108 of the County Courts Act (Northern Ireland) 1959 or any other officer of a county court;
  3. (c) clerks of petty sessions and persons employed in the offices of clerks of petty sessions;
  4. (d) the Enforcement of Judgments Office; and
  5. (e) the officers of, and other persons employed for the purposes of, coroners' courts, other than those functions which by or under this Act become the functions of statutory officers.

(5) The offices of clerk of the Crown and peace and county court registrar are hereby abolished.

(6) The Lord Chancellor may by order make provision—

  1. (a) for the payment by him of compensation to or in respect of persons who suffer loss 927 of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the provisions of this section;
  2. (b) for the transfer to a statutory officer of all or any of the functions of an office abolished by subsection (5);
  3. (c) for such other incidental, consequential, transitional or supplementary matters (including the amendment or repeal of any provision of this Act or of any other statutory provision) as appear to the Lord Chancellor to be necessary or proper in connection with the establishment of the Court Service.".

The noble and learned Lord said: My Lords, with this Amendment I shall speak also to Amendments Nos. 23, 27, 28, 33, 34, and 35, which are inter-related.

Despite the number of inches which these Amendments, taken together, occupy in the Marshalled List, none of them effects any fundamental changes, but they are primarily designed to improve the structure and drafting of the Bill. The main Amendment in this group is Amendment No. 7, substituting a new clause for Clause 69. The new clause will dispense with the need for an Order in Council to establish the new Northern Ireland Court Service; instead, the new service would be established by the Bill itself and can be brought into being by an appropriate commencement order. The new clause therefore has the advantage of eliminating an unnecessary formality.

The terms and conditions of service of the new Court Service will be settled in a separate instrument after full consultations with the Staff Associations representing the existing separate courts services which will be superseded by a new unified service. Amendment No. 33 would make provision in the transitional Schedule on a contingency basis to cover any intervening period in case the rest of the Bill needs to be brought into force before we are ready to establish a new unified service. The provision enables the existing courts services to continue in existence and the Lord Chancellor to make new appointments to them until such time as Clause 69 is brought into force. This in part reproduces the effect of Clause 69(1) as it stands at present.

The other Amendments in this group are purely technical and consequential. The only one I need refer to specifically is Amendment No. 23 to Clause 104 which reproduces part of what is in Clause 69(5) as it stands at present. Clause 104, which already deals with under-sheriffs, is the more appropriate place for this power to abolish that office, a power which was inserted in the Bill at the last stage. I beg to move.

Lord BELSTEAD

My Lords, I support this Amendment which rewrites Clause 69, which will set up the new unified Court Service for Northern Ireland with responsibility for that service to rest with the Lord Chancellor. I appreciate the need for Amendment No. 33, to which the noble and learned Lord has also spoken, which provides for the transitional arrangements.

I have one question I should like to ask the noble and learned Lord. Subsection (5) of this new clause abolishes the offices of clerk of the Crown and peace and county court registrar, whereas in Clause 69, as drafted at present, there is only an order-making power to abolish these offices. Is the immediate abolition of these two offices a practical proposition in view of the possibility that the Bill may come into force before the Government are ready to establish the unified Court Service? I apologise for not having given the noble and learned Lord notice of my question, and if he prefers to write to me on this matter I shall be quite content.

The LORD CHANCELLOR

My Lords, I am most grateful to the noble Lord for that customarily generous offer at the end of his question. I think that it is all right, but if there is any difficulty I shall write to the noble Lord as he so helpfully suggests.

On Question, Amendment agreed to.

Clause 70 [Appointment and qualification of statutory officers]:

3.33 p.m.

The LORD CHANCELLOR moved Amendment No. 8: Page 45, line 20, leave out ("Lord Chief Justice with the concurrence of the Lord Chancellor and") and insert ("Lord Chancellor after consultation with the Lord Chief Justice and with the concurrence of").

The noble and learned Lord said: My Lords, with this Amendment I shall speak also to Amendments Nos. 9, 10, 11, 12, 13, 14 and 36, which are consequential upon it. This is another group of Amendments which follow indirectly from the changes in ministerial responsibility for the courts in Northern Ireland which are embodied in the Bill, transferring the responsibility from the Secretary of State to myself. Clause 70 provides for the appointment of the statutory officers who are listed in Schedule 3, and it is now appropriate that responsibility for such appointments should rest with the Lord Chancellor. No appointments will be made without full consultation with the Lord Chief Justice who, incidentally, I assure the House, agrees with all the Amendments that I shall be moving today, a fact which gives me great strength and comfort, if I may say so. Provision for this has been made in this clause. As I have just said, this new arrangement has the full support of the Lord Chief Justice.

The Amendment to Clause 71 will transfer responsibility for the removal of statutory officers to the Lord Chancellor while the changes in Clause 74 will ensure that additional and temporary appointments will be made in the same manner as appointments to permanent posts. I beg to move.

On Question, Amendment agreed to.

The MINISTER of STATE, NORTHERN IRELAND OFFICE (Lord Melarea) moved Amendments Nos. 9 to 14:

Page 45, line 35, leave out ("Lord Chief Justice") and insert ("Lord Chancellor"),

Page 45, line 37, after ("provisions,") insert ("after consultation with the Lord Chief Justice").

Clause 71, page 46, line 25, leave out ("The Lord Chief Justice with the approval of").

Clause 74, page 47, line 3, leave out ("Lord Chief Justice") and insert ("Lord Chancellor").

Clause 74, page 47, line 5, leave out ("with the concurrence of the Lord Chancellor") and insert ("after consultation with the Lord Chief Justice").

Clause 74, page 47, line 9, leave out ("Lord Chief Justice with the concurrence of the Lord Chancellor") and insert ("Lord Chancellor, after consultation with the Lord Chief Justice").

On Question, Amendments agreed to.

Clause 75 [Official Solicitor]:

The LORD CHANCELLOR moved Amendment No. 15: Page 47, line 21, leave out ("Lord Chief Justice") and insert ("Lord Chancellor, after consultation with the Lord Chief Justice,").

The noble and learned Lord said: My Lords, unlike the statutory officers to be appointed under Clause 70 of the Bill, all of whom will be full-time officers, the Official Solicitor to the Supreme Court will, as at present, be a part-time officer. It is, however, appropriate that he should be appointed in the same manner as those full-time statutory officers who will serve in the Supreme Court, and accordingly this Amendment provides that the Lord Chancellor, again after consultation with the Lord Chief Justice, will appoint the Official Solicitor. I beg to move.

On Question, Amendment agreed to.

Clause 81 [Investment of funds in court]:

The LORD CHANCELLOR moved Amendment No. 16: Page 49, line 27, leave out ("of court") and insert ("made under section 82(1)").

The noble and learned Lord said: My Lords, with this Amendment I shall speak also to Amendments Nos. 17, 18, 19, 20, 21 and 22, which no doubt will give relief to your Lordships, with the knowledge that this technical process will not last very much longer. This group of Amendments would bring the provisions of the Bill concerning rule-making as to funds in court more closely into line with the corresponding provisions of English law. In England and Wales rules as to funds in court are made as Lord Chancellor's rules, and with the transfer of ministerial responsibility it is now appropriate that the corresponding rules for Northern Ireland should also be made by the Lord Chancellor. I beg to move.

On Question, Amendment agreed to.

Lord MELCHETT moved Amendments Nos. 17 to 23:

Page 49, line 31, leave out ("of court, or by the Lord Chancellor") and insert ("made under section 82(1)").

Clause 82, page 49, line 35, leave out ("rules of court may regulate") and insert ("the Lord Chancellor may, with the concurrence of the Treasury, make rules regulating").

Clause 82, page 49, line 40, leave out ("regulate") and insert ("regulating").

Page 50, line 1, leave out ("of court") and insert ("under subsection (1)").

Page 50, line 33, at end insert ("(3) In subsection (2) "prescribed" means precribed by rules made under subsection (1).").

Clause 83, page 51, leave out line 12 and insert ("rules for the time being in force under section 82(1)").

Clause 104, page 61, line 46, at end insert— ("(2) The Lord Chancellor may by order abolish the office of under-sheriff and transfer all or any of the functions of that office to such other person or body as may be specified in the order.").

The noble Lord said: My Lords, I beg to move Amendments Nos. 17 to 23 en bloc. Amendments Nos. 17 to 22 were discussed with Amendment No. 16, and Amendment No. 23 was discussed with Amendment No. 7. I beg to move.

On Question, Amendments agreed to.

3.40 p.m.

Clause 117 [Transfer of certain functions relating to courts to Lord Chancellor]:

The LORD CHANCELLOR moved Amendment No. 24: Page 69, line 4, leave out ("section 46") and insert ("sections 25(1) and) 46").

The noble and learned Lord said: My Lords, this is an Amendment to ensure that the power to make certain rules under the Probation Act (Northern Ireland) 1950 will continue to be exercisable by my right honourable friend the Secretary of State for Northern Ireland after consultation with the Magistrates' Courts Rules Committee.

On Question, Amendment agreed to.

Clause 119 [Making and control of subordinate legislation]:

The LORD CHANCELLOR moved Amendment No. 25: Page 69, line 28, leave out ("to make an order or") and insert ("on the Lord Chancellor to make an order or on the Lord Chief Justice").

The noble and learned Lord said: My Lords, this is a drafting Amendment to clarify the fact that all the orders to be made by the Lord Chancellor under the Bill and all the regulations to be made by the Lord Chief Justice will be made as statutory rules for the purposes of the Statutory Rules Act (Northern Ireland) 1958 and will therefore be printed and published as such.

On Question, Amendment agreed to.

Clause 122 [Minor and consequential amendments, transitional provisions and repeals]:

The LORD CHANCELLOR moved Amendment No. 26: Page 72, line 11, leave out ("respectively").

The noble and learned Lord said: My Lords, this is purely a drafting Amendment to leave out the word "respectively", which is superfluous.

On Question, Amendment agreed to.

Schedule 5 [Minor and consequential amendments]:

Lord MELCHETT moved Amendments Nos. 27 and 28: Page 96, line 31, at end insert: ("In section 1(3) in the definition of "civil service of the Crown" after the words "Northern Ireland" insert the words", the Northern Ireland Court Service".").

Page 96, line 41, at end insert: ("In section 1(2) in the definition of "civil service of the Crown" after the words "Northern Ireland" insert the words", the Northern Ireland Court Service".").

The noble Lord said: My Lords, these Amendments were taken with Amendment No. 7.

On Question, Amendments agreed to.

The LORD CHANCELLOR moved Amendment No. 29: Page 100, line 12, leave out ("may licence") and insert ("on behalf of the Ministry").

The noble and learned Lord said: My Lords, this is another drafting Amendment. It merely corrects the reference in Section 14 of the Administration of Justice Act (Northern Ireland) 1954 by which a textual Amendment, which is already in Schedule 5, is to be made.

On Question, Amendment agreed to.

The LORD CHANCELLOR moved Amendment No. 30:

Page 101, line 38, at end insert: ("In section 3 after the word "shall" insert the words "except where the Lord Chancellor otherwise directs".").

The noble and learned Lord said: My Lords, this Amendment would make a textual Amendment to Section 3(1) of the County Courts Act (Northern Ireland) 1959. At present, that subsection provides that county courts are to be held in buildings provided by the Department of the Environment under the Administration of Justice Act (Northern Ireland) 1954. Although a judge of the court has power to direct that a sitting of the court be held elsewhere if for any reason the accommodation is not suitable, and that provision will be retained, it is desirable for the Lord Chancellor, as the Minister responsible for the administration of the courts, also to have power to direct that other buildings be used on a temporary, or even on a more permanent basis, and that is what the Amendment achieves.

On Question, Amendment agreed to.

The LORD CHANCELLOR moved Amendment No. 31:

Page 104, line 17, leave out from beginning to ("for the words") and insert: ("In section 114—

  1. (a) in subsection (1) for the words "county court rules" substitute the words "directions given by the Lord Chancellor";
  2. (b) in subsection (2).").

The noble and learned Lord said: My Lords, this Amendment makes another textual Amendment to the County Courts Act (Northern Ireland) 1959, this time to Section 114. That section deals with the circumstances in which interpreters and shorthand writers may be used in court and provides that the judge can call on the services of an interpreter or shorthand writer where he thinks it necessary or expedient for the doing of justice between the parties for any proceedings before him. At present the power is subject to county court rules, but because of the public expenditure implications it would be more appropriate if this power of the judges were exercised within the overall framework of directions by the Lord Chancellor. The directions will of course be framed so as to leave a reasonable discretion in the hands of the judges to ensure that justice is done between the parties.

On Question, Amendment agreed to.

3.45 p.m.

Viscount BROOKEBOROUGH moved Amendment No. 32: Page 106, line 16, at end insert:

"The Resident Magistrates' Pensions Act (Northern Ireland) 1960

In section 1 for the words from "on attaining the age of seventy years" to the end, substitute the words "at the end of the completed year of service in which he attains the age of seventy; but where the Lord Chancellor considers it desirable in the public interest to retain him in office after that time, the Lord Chancellor may from time to time authorise him to continue in office up to such age, not exceeding seventy-two, as the Lord Chancellor thinks fit".".

The noble Viscount said: My Lords, on Report the noble and learned Lord agreed to accept the principle of an Amendment which I put forward if I withdrew it at that stage. This Amendment's intention is to allow the Lord Chancellor to authorise resident magistrates in Northern Ireland to continue up to the age of 72, if he thought this to be in the public interest, and I am very grateful indeed to the noble and learned Lord for allowing me to move this Amendment today. As was mentioned on Report, this brings into line the practice over stipendiary magistrates in the rest of Great Britain.

With the leave of the House, this gives me an opportunity to pay tribute to the resident magistrates in Northern Ireland. Everyone knows they are the very first line of defence of our courts and they are the first to come under attack. Over half of them have been threatened, physically assaulted or murdered, and that is the level at which they have withstood the attacks of terrorism to try to intimidate them from doing their duty. They have with absolute and unswerving loyalty served the State of Northern Ireland, and it gives me great pride and pleasure to pay this tribute and to move the Amendment to allow the noble and learned Lord to exercise his discretion.

The LORD CHANCELLOR

My Lords, I am most happy to accept the Amendment and to echo the words that the noble Viscount so properly and appropriately uttered about these gallant public servants who are administering justice in such very difficult conditions. Their service is something to which we as a House owe a great debt of gratitude.

On Question, Amendment agreed to.

Schedule 6 [Transitional provisions]:

Lord MELCHETT moved Amendments Nos. 33 to 36:

Page 117, line 14, leave out paragraph 6 and insert: ("6. Until the coming into force of section 69(1)—

  1. (a) the Lord Chancellor, with the concurrence of the Minister for the Civil Service as to numbers and terms and conditions of service, may, subject to section 70, appoint such officers and other staff for the Supreme Court, county courts, magistrates' courts, the Enforcement of Judgments Office and coroners' courts as appear to him to be 935 necessary and such officers and staff shall discharge their functions in accordance with directions given by the Lord Cancellor;
  2. (b) any person heretofore holding office or serving in or in connection with—
    1. (i) a court mentioned in the first column of the Table mentioned in paragraph I shall, except as provided by Part VI of this Act or Part III of this Schedule, continue in corresponding office or service in or in connection with the court specified opposite that court in the second column of that Table as if he had been appointed under subparagraph (a) upon the terms and conditions on which he heretofore held office or served;
    2. (ii) county courts, magistrates' courts, the Enforcement of Judgments Office or coroners' courts shall continue to do so as if he had been appointed under subparagraph (a) upon the terms and conditions on which he heretofore held office;
    3. (iii) county courts shall be deemed to be an officer of the Crown Court.").
Page 117, line 41, leave out paragraph 10. Page 119, line 5, leave out paragraph 17.

Page 119, line 22, leave out ("Lord Chief Justice") and insert ("Lord Chancellor").

The noble Lord said: My Lords, Amendments Nos. 33, 34 and 35 were spoken to with Amendment No. 7 and Amendment No. 36 with Amendment No. 8.

On Question, Amendments agreed to.

Schedule 7 [Repeals]:

The LORD CHANCELLOR moved Amendment No. 37:

Page 127, line 47, at end insert—

("1973 c. 36. The Northern Ireland Constitution Act 1973. In paragraph 2 of Schedule 3 the words "the Court of Criminal Appeal in Northern Ireland".")

The noble and learned Lord said: My Lords, this is simply a drafting Amendment consequential on the provisions of Clause 34(3) of the Bill.

Lord SHINWELL

My Lords, I am sitting here wondering who is responsible for all these Amendments; it must be the Government or the draftsman at the the behest of the Government. What I am wondering is this: On the assumption that the House of Lords is abolished, how will these matters be dealt with by another place?

The LORD CHANCELLOR

My Lords, my noble friend has indeed asked a most pertinent question. I take full note of what he has said, and I hope that it will be duly noted in another place. I thought that at some point in time a certain amount of noble impatience would be shown, but I am grateful to the House for its patience so far in allowing me to deal with these Amendments.

On Question, Amendment agreed to.

The LORD CHANCELLOR moved Amendment No. 38: Page 131, column 3, line 20, at end insert—("Section 137(c).")

The noble and learned Lord said: My Lords, this is simply a drafting Amendment, to add Section 137(c) to the list of provisions of the County Courts Act (Northern Ireland) 1959 which are scheduled for repeal. I beg to move.

On Question, Amendment agreed to.

An Amendment (privilege) made.

3.52 p.m.

The LORD CHANCELLOR

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(The Lord Chancellor.)

Viscount BROOKEBOROUGH

My Lords, before the Bill is allowed to pass, I hope that I may have the patience of the House for a little longer so that, as the only Member of the House living in Northern Ireland, I may say how much I wish the Bill a speedy passage through the other place. It is a reform which is very much needed. It is also appropriate at this stage to congratulate the Northern Ireland Office on its handling of that part of the courts which has been under its jurisdiction during these very trying years. If I am convinced that the Government have been right to change and to accept the ministerial responsibility under the office of the noble and learned Lord the Lord Chancellor, it must not be considered that this change in any way reflects upon the handling in the past of court matters by the Northern Ireland Office, nor indeed in the future until this Bill becomes law.

I should like to take up the remarks of the noble Lord, Lord Shinwell, about the Amendments to the Bill. It seems to me that there have been a tremendous number of Amendments of substance due to this particular change, and I consider that the work of the draftsmen, done in a very short time, has been brilliant. It also appears to me that the number of Amendments of a purely drafting variety in a complicated and detailed Bill have been kept to the absolute minimum. This demonstrates, certainly to me, and possibly to this House, the excellence of the service of the Parliamentary draftsmen from Northern Ireland; I understand the Bill was in fact drafted by Parliamentary draftsmen in Stormont.

The noble and learned Lord noticed one discriminatory omission which had to be rectified, that of the omission of the Principality of Wales. I can assure him on behalf of the people of Northern Ireland that there was no ulterior motive. We would never leave out any part of the United Kingdom, let alone the Principality of Wales.

The Bill embodies many of the recommendations of the noble and learned Lord, Lord MacDermott, a Member of this House. He is one of the outstanding lawyers from Ulster—and we have had many of them; he has been most outstanding in his service over very many years, and his courage is second to none. Many noble Lords may not remember that it is only a few months since he was attacked by way of a bomb placed in a room in which he was lecturing in the polytechnic. To me the Bill is a lasting tribute to his work.

The Lord Chancellor, in winding up the Second Reading of the Bill, seemed to imply that the last thing that could be attributed to him was that he was a susceptible Chancellor. The course of the Bill has proved very much the opposite; he has been a most susceptible Chancellor, and it has been my great pleasure to take part in the deliberations on the Bill. I wish it well.

The LORD CHANCELLOR

My Lords, I should like to thank the noble Viscount, Lord Brookeborough, for what he said. I am grateful that he has paid tribute to the courts in Northern Ireland for the way they have functioned up until now, as well as to the officers of the courts and to the judges of the courts who have administered the law with impartiality and efficiency. I am particularly grateful to the noble Viscount for having referred to the noble and learned Lord, Lord MacDermott, and the present Lord Chief Justice, who has had a major part in the whole preparation of the Bill. We are indeed fortunate that he is holding this high and responsible office in Northern Ireland today.

I also wish to express my gratitude to the Parliamentary draftsmen, and to the members of the Civil Service, both in Northern Ireland and here, who have worked very hard indeed to achieve the completion of the Bill and to hasten its passage through the House. I echo the wish that has been expressed that the Bill will receive speedy approval in another place, because the changes in the organisation and structure of the courts which the Bill will bring about are needed, and will, I believe, improve the administration of justice in Northern Ireland.

On Question, Bill passed, and sent to the Commons.