HC Deb 16 December 1912 vol 45 cc1130-2W
Mr. LESLIE SCOTT

asked the Chancellor of the Duchy of Lancaster whether, in the letters which he wrote recently to the twenty-two magistrates of the City of Liverpool, he stated that they had ceased to perform a fair share of their duties according to the assurance which it had been the practice of the Duchy since 1895 to require upon appointment; and will he say how many of the twenty-two had been appointed before 1895 and given no such assurance?

Mr. HOBHOUSE

Seventeen of the twenty-two magistrates to whom letters were addressed were appointed prior to 1895. Inasmuch, however, as the assurance referred to had been in force in the county boroughs of Lancashire for more than seventeen years, it must have been well known to all justices, whether appointed before or after that date, that they were required to perform a fair share of the magisterial duties as a condition of their continuance in office. Appointments to the magistracy is not primarily a reward for public services, but magistrates are appointed to assist in and enforce the good government of the country, and failure on their part—for whatever reason—to perform sufficient service must be to the detriment of the people for whose benefit they are appointed.

Mr. LESLIE SCOTT

asked the Chancellor of the Duchy of Lancaster whether it was a part of the recommendation of the Royal Commission on the selection of justices that a magistrate should only be called on to resign if he had no valid excuse for not having performed his fair share of duties; whether he considered it a valid excuse that a magistrate has spent a long life doing much useful public service, and in his old age continues to give his brother magistrates at their official meetings off the bench the benefit of his experienced advice, although he no longer sits on the bench; and whether, in the case of distinguished citizens who have so served their country, he will accept this as there fair share of duties?

Mr. HOBHOUSE

I consulted the Advisory Committee for the City of Liverpool in regard to the names of inactive and disqualified magistrates and other matters, and they reported to me on 31st July last. I did not take any action in regard to the Liverpool bench until three months later. I did not consult the Advisory Committee on the form of a letter for which I alone am responsible, and which had already been employed in many other boroughs, and while I am always prepared to consider carefully any suggestions which any of the advisory committees in Lancashire may make to me either by my request or on their own initiative, cases arise in which I think it well to communicate directly with the magstrate concerned, where apparent neglect of duties is brought to my notice by returns of attendances now furnished to me.

Mr. LESLIE SCOTT

asked the Chancellor of the Duchy of Lancaster whether he consulted the Advisory Committee for the Duchy on his action before he took it, and particularly on the form of his letter; and whether he will arrange in the future for the advisory committee to consider each case of apparent neglect of duties in order to ensure that any circumstances properly entitling a particular magistrate to retain the honour, in spite of his failure to sit upon the bench, may be brought to his notice?

Mr. HOBHOUSE

The Royal Commission recommended that justices should be called upon to resign in the absence of a valid excuse for neglect of duty. I have given very careful consideration to replies sent to the letter in which I asked magistrates to consider whether they should not properly resign their office in accordance with the findings of the Royal Commission, and in cases where magistrates have explained that their apparent neglect has been due to temporary circumstances or where they have expressed their willingness to resume activity and useful service, I have retained their names on a clear understanding that they will endeavour to perform a fair share of duties in the future. The Returns of attendances which are furnished to me show attendances at special Sessions and committees, in addition to attendance on the bench at Petty Sessions.