HC Deb 22 January 1974 vol 867 cc267-8W
Mr. Michael Cocks

asked the Attorney-General on what grounds the rule was made that political secretaries and their spouses should be debarred from serving as magistrates.

The Attorney-General

The rule does not apply to political secretaries as such, but to party agents and to secretaries of constituency associations within their own constituencies. The ground was that these functions are incompatible with the exercise of judicial functions. It is a general rule that spouses of persons excluded from appointment are also excluded, and this rule has no special application to the spouses of constituency party associations or secretaries.

Mr. Michael Cocks

asked the Attorney-General what was the number of representations he received to debar political secretaries and their spouses from serving as magistrates before he made his ruling ; who the representations were from ; and what replies he sent.

The Attorney-General

None.

Mr. Michael Cocks

asked the Attorney-General what representations have been received from local Lord Chancellor's advisory committees regarding the rule that political secretaries and their spouses are debarred from serving as magistrates ; and what was the nature of these representations.

The Attorney-General

None.

Mr. Michael Cocks

asked the Attorney-General what advice has been given to local Lord Chancellor's advisory committees about the desirability of interviewing political secretaries or their spouses who have been nominated for service as magistrates.

The Attorney-General

These persons are eligible for appointment outside their own constituency areas, or if they resign their activities as agents or secretaries.

Mr. Michael Cocks

asked the Attorney-General on what grounds the rule debarring full-time political secretaries from serving as magistrates was extended to part-time and voluntary political secretaries ; what was the date of this decision ; what representations were received before this decision was made ; and who the representations came from.

The Attorney-General

It was considered that the same considerations applied to unpaid and part-time agents and secretaries as to full-time and paid agents and secretaries and political candidates and Members of Parliament. The date of the decision was 1971. No representations were received before this date.

Mr. Michael Cocks

asked the Attorney-General if he will relax the rule that political secretaries are debarred from serving as magistrates.

The Attorney-General

No.

Mr. Michael Cocks

asked the Attorney-General if he will relax the rule that the spouses of political secretaries are debarred from serving as magistrates.

The Attorney-General

No.

Mr. Michael Cocks

asked the Attorney-General what is his estimate of the number of people debarred from serving as magistrates by the rules preventing political secretaries and their spouses from being appointed as magistrates.

The Attorney-General

No cases have been brought to the attention of my noble Friend the Lord Chancellor.

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