Orders of the Day — ADMINISTRATION OF JUSTICE BILL [Lords].

Part of the debate – in the House of Commons am ar 27 Gorffennaf 1923.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Lieut-Colonel Maurice Alexander Lieut-Colonel Maurice Alexander , Southwark South East

The hon. Member who interrupts cannot himself refer me to the Act before the 1918 Act. I would like to say to him—and I believe I am right—that there was no Act before 1918, and, therefore, my information in that respect stands accurate. With regard to the Act of 1920, if my memory serves me rightly, the provision under that Act was, if the Judge thought it convenient. There, again, it is left to the discretion of the Judge to say what is a convenient measure, and some Judges are only human beings like some lawyers and Attorney-Generals even in this House. It is quite possible some Judges may have thought it convenient, and others may have not, but, under the present Bill, there is no alternative. The Judge has not, got to decide whether it is a matter of convenience. If this be put into operation, as I hope it will be, a person will have a right to a jury if he asks for one, unless he can come before the Court of Justice and satisfy the Judge that the case is one which should not be tried by a jury. That is the whole kernel of the situation that is being discussed to-day.

I submit, therefore, in that instance the law as suggested by this Bill is perfectly sound. It gives a greater right than people have. at the present time, and, further than that, it gives them a greater security, with the assurance that if they ask for' a jury, they can get it. Hon. Members have pointed out that a person ought to have a right to a jury without asking for it. Is it fair, is it reasonable to say to a man, "Even if you do not want a jury, you must have one?" Surely it is common sense and common justice if someone is libelled by having applied to him a name which did not suit his convenience—[An HON. MEMBER: "National Liberal!"] A National Liberal, if you like. If you chose to take it before a Court of Justice, it ought to be within the prerogative of the man to say, "I am perfectly satisfied to leave the question whether the term 'National Liberal' is a libel or not to a sound Judge," and I have not the least doubt what the decision would be.