§ 3.18 p.m.
§ Lord Rawlinson of Ewell asked Her Majesty's Government:
§ Whether they will place in the Library the evidence of the Chief Justice of the United States (Hon. Warren Burger) to the Royal Commission on Legal Services on July 22nd 1977 on the relative time taken by a case in the United States and the United Kingdom.
§ The Lord ChancellorMy Lords, the evidence given by the Chief Justice to the Royal Commission on Legal Services will be placed in the Library today.
§ Lord Rawlinson of EwellMy Lords, I am very grateful to my noble and learned friend for doing that. When he gave evidence to the English Royal Commission, was not the Chief Justice of the United States in effect saying "Don't go the path of the American administration of law. Follow your own path"? Is it not a fact that he also stated that a case which takes a day or perhaps a day-and-a-half to be tried in this country takes five to 10 days in the United States? Is that not something which my noble and learned friend will look at very closely indeed before he advises his friends in the Cabinet about any legislation?
§ The Lord ChancellorMy Lords, I shall most certainly consider that. I noted in the debate that took place on the consultation paper concerning the Scottish legal profession that someone quoted my noble and learned friend Lord Hailsham of Saint Marylebone, who was of course quoting another. My noble and learned friend Lord Hailsham of Saint Marylebone had said, "Reform? Reform? … Are things not bad enough already?" I am certainly not seeking to promote reforms which will make matters worse in this country.
§ Lord Hailsham of Saint MaryleboneMy Lords, as my noble and learned friend has attributed that witticism to me, is he aware that the true author was the late Mr. Justice Astbury?
§ The Lord ChancellorYes, my Lords. I am aware of that. However, I think the quotation was attributed to my noble and learned friend in the report of the debate on the Scottish paper.
§ Lord RentonMy Lords, is my noble and learned friend aware that Chief Justice Warren Burger, during his many years as Chief Justice of the United States, paid a number of visits to this country, had discussions with the judiciary here and became thoroughly familiar with our own laws of civil procedure? Therefore, he was in a uniquely qualified position to compare the two systems and draw the conclusions he did.
§ The Lord ChancellorMy Lords, certainly the retired Chief Justice of the United States was very familiar with the system here and that on the other side of the Atlantic. However, I am not absolutely certain whether he was uniquely familiar with it. I 1288 have had an opportunity of discussing my Green Papers with Chief Justice Warren Burger since they were published. As I informed your Lordships some time ago, along with the Speaker of another place I was awarded an honorary doctorate by the College of William and Mary, of which Chief Justice Warren Burger is the chancellor. I had the opportunity of a very full evening's discussion with him on the matters raised by the Green Papers.
§ Lord Elwyn-JonesMy Lords, in view of the massive controversy which the proposals in the Green Papers have raised, and bringing the matter somewhat nearer home, does this not point to the necessity for a White Paper to be issued before any steps are taken to legislate on the proposals in the Green Papers?
§ The Lord ChancellorMy Lords, as I said in answer to the noble and learned Lord at the conclusion of the debate to which some reference has already been made, the precise form of our announcement will depend upon the content of it.
§ Lord Elwyn-JonesMy Lords, when will this sombre, oracular announcement be made as regards the decision-making?
§ The Lord ChancellorMy Lords, as I again intimated on that occasion, it is my hope that we shall be able to make a statement before the House rises for the Summer Recess, which I hope will not be unduly delayed.