HL Deb 27 October 1982 vol 435 cc571-2

32 After Clause 57, insert the following clause:

Deputy Master of Court of Protection

'Power to abolish office of Deputy Master of Court Protection.

In section 89(6) of the Supreme Court Act 1981 after the words "Chancery Division" there shall he inserted the words "and the office of Deputy Master of the Court of Protection".'.

The Lord Chancellor

My Lords, I beg to move that this House doth agree with the Commons in their amendment. If I may, at the same time I shall speak to Amendment No. 42. Amendment No. 32 enables the Lord Chancellor to abolish the office of Deputy Master of the Court of Protection, and the second amendment is consequential to the first. I beg to move.

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

Lord Mishcon

My Lords, I hope that the noble and learned Lord will forgive my ignorance if I betray it all too often from this Dispatch Box, and again on this occasion, but I was not quite clear of the need to abolish the position of the Deputy Master of the Court of Protection. Possibly the noble and learned Lord, with his usual courtesy, will explain the necessity for the power.

Lord Renton

My Lords, perhaps I may just add to that point. It seems to me that if, in fact, it was found from time to time that it was unnecessary for there to be a deputy master appointed, the noble and learned Lord the Lord Chancellor could simply decide not to appoint one. But it would be regrettable, would it not, to deprive him forever—or at any rate until further legislation—of the power to do so?

The Lord Chancellor

My Lords, this involves a slightly long story because I am engaged in a rather complicated reorganisation of the Court of Protection and its functions, trying to divide the administrative duties from the judicial duties. I have just appointed a new and. I hope, very competent lady to be the new master, but if my new arrangements take effect—and I hope that they will—the office of deputy master will not, in fact, be useful. I could, of course, expatiate on this at somewhat greater length, but that is a short explanation of why I am doing what I am doing in this amendment.

On Question, Motion agreed to.