HL Deb 16 October 1946 vol 143 cc341-2WA
THE EARL OF MANSFIELD

asked His Majesty's Government if they are aware that Scottish justices of the peace are appointed by the Lord Chancellor, a purely English functionary who cannot be reasonably expected to possess an intimate knowledge of either Scots law, or Scottish legal procedure; and whether, in order to put an end to this anomaly, they will include the question in the remit to the Royal Commission to be appointed to consider the terms of appointment and duties of justices of the peace.

THE LORD CHANCELLOR (LORD JOWITT)

Since 1707 justices of the peace in Scotland have been appointed by the Crown by a special Commission under the Great Seal of Great Britain, and in their report of 1911 the Royal Commission on the selection of justices of the peace recommended that so long as these appointments are made by the Crown the Lord Chancellor, as Lord Keeper of the Great Seal, is the most suitable Minister to be entrusted with the responsibility of advising on the appointments to be made. I understand that the New Royal Commission on Justices of the Peace which is just about to begin its labours may be expected inter alia to review this question.