COMMONS AMENDMENTS (Hansard, 25 October 1990)

§ Lord Fraser of Carmyllie
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 134 and 135 en bloc. Together with these amendments I shall speak to Motions and Amendments Nos. 210 to 216. The purpose of these amendments is to put beyond doubt the jurisdiction of temporary sheriffs appointed under the provisions of the present Bill. It has been the intention since the outset that judges, whether permanent or temporary, appointed under the new provisions should, like the existing senators, be able to sit in the Court of Session and the High Court and the present amendments are designed to ensure that that will be so.
Moved, That the House do agree with the Commons in their Amendments Nos. 134 and 135. — (Lord Fraser of Carmyllie.)

§ Lord McCluskey
My Lords, did the noble and learned Lord say "temporary sheriffs"?

§ Lord Fraser of Carmyllie
My Lords, if I said temporary sheriffs it was a slip of the tongue. I meant temporary judges.

§ Lord McCluskey
My Lords, my heart leapt when I saw this amendment because I thought that the Government intended to have a provision which related to the eligibility of sheriff principals for the Court of Session only and not the High Court of Justiciary. However, I realised that this is just the precursor of another amendment at a later stage and it may be more appropriate to direct my remarks to that amendment when we come to it.
As I understand it, the intention will be that persons who are eligible for judicial appointments will be eligible for appointments as judges of the Court of Session and by reason of that will be able to sit as 1614 Lords Commissioners of Justiciary. That concerns a later amendment which I shall discuss when we reach it.