HL Deb 24 November 1936 vol 103 cc355-6WA
LORD STRICKLAND

asked His Majesty's Government whether they are aware that (in a case before a Court of First Instance in Malta in which fraud by a servant under English Law is implied and in which a Judge of the Court of Appeal is one of several defendants) a Judge of the Court of Appeal has in person appeared to plead the case, and has assumed responsibility for the acts of a co-defendant, and has demanded (with success) that the dispute should be adjourned by the Court with a view to the compounding of the charges by discussion in his own house, and without respecting the previous appointment of guardians according to law to protect the interest of groups of minors who are plaintiffs and defendants; whether His Majesty's Government will state whether the Governor has power to suspend this Judge pending an inquiry under the laws of civil procedure or otherwise; and will His Majesty's Government state what is the authority in Malta responsible for rectifying aberrations from precedent and confusion arising as above, in the absence of a Minister for Justice.

THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR THE COLONIES (EARL DE LA WARR)

The Secretary of State for the Colonies has seen the reports regarding this case which have appeared in certain newspapers.

As regards the second part of the question, the Secretary of State is advised that the Governor has no power to suspend a Judge.

The purport of the last part of the noble Lord's question is not entirely clear. But it would appear to be doubtful whether the matter is one on which there is any power of administrative intervention.