HL Deb 31 October 1939 vol 114 cc1596-8WA
LORD SNELL

asked the Lord Chancellor whether he proposes to issue new rules with respect to the taking of shorthand notes at Courts; whether he will state under what powers such rules will be made; and if such rules are made whether they will be laid before Parliament, or whether any point upon them can be raised by a member of either House of Parliament by an Address or otherwise.

THE LORD CHANCELLOR (VISCOUNT CALDECOTE)

I am obliged to the noble Lord for raising this question as it puts me in a position to clear away any misapprehension which may exist with regard to the matter to which it refers. I propose, as soon as opportunity permits, to bring before the Rule Committee of the Supreme Court rules regulating the practice in respect of the taking of shorthand notes in proceedings in the Supreme Court. The rules, if they are approved by the Rule Committee, will be made under the powers conferred by Section 99 of the Supreme Court of Judicature (Consolidation) Act, 1925. When made they will be laid before Parliament, and it will be open to any member of either House of Parliament to raise any question relating to them, or any of them, by moving an address to His Majesty in the usual way.

The system whereby shorthand notes are taken in witness actions was brought into operation on October 12, 1937, in accordance with a scheme prepared by a Committee presided over by Mr. Justice Atkinson on which the Bar Council and the Law Society were represented. It was thought desirable that, before formal rules should be made on the subject, the system should be tested by experience. This has now been done, and the intention of the present draft rules is to regularise the position, and at the same time to remedy certain defects which were disclosed in the operation of the system, particularly in a recent case which went on appeal from the Chancery Division to the Court of Appeal. The draft rules follow in their main lines the recommendations made by a Committee presided over by Lord Justice Finlay.

House adjourned at twenty minutes before six o'clock.