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 Mr Thomas Inskip Mr Thomas Inskip , Bristol Central

I do not know what the hon. and learned Gentleman means by asking what are the ipsissima verba. If he will read the Clause for himself, he will find that it is Clause 12, which deals with trial by jury in the County Courts, and I do not think anyone would suggest that that Clause either cuts down the existing right or in any way lessens the right to trial by jury in the County Courts that existed before the War. In that respect, therefore, also, the Bill is perfectly satisfactory to every one. The criticism made against the Bill is in respect of juries in civil causes, which are dealt with in Clause 2. The right hon. and learned Gentleman the Member for Spen Valley asked two questions, which he said were the questions which the House has to consider and decide. The first was, does the Bill restore pre-War conditions; and the second, is it desirable to make any change? The right hon. and learned Gentleman suggested that, if those two questions are answered in a particular way, the result ought to be to lead the House to reject this Bill, because that is the Amendment that has been moved. Might I suggest to the right hon. and learned Gentleman that those two questions are not questions which the House has to ask itself? The law as it existed before the War was embodied, as the House will remember, neither in Magna Charta nor in any other Statute, but in Rules of Court, which were subject to alterations from time to time by what is called the Rules Committee. The law, or practice, as it existed before the War, was altered, first of all, by the Act of 1918, which was a temporary Act, and, secondly, by the Act of 1920, which, no doubt, did cut down the pre-War practice with regard to the right of trial by jury. This Bill, in my submission, and I am sure my right hon. and learned Friend will not demur to this, extends the right of trial Toy jury as enacted in the Act of 1920; and, therefore, the question which the House has to decide, when making up its mind as to whether or not it will accept the Amendment to reject this Bill, is: Is this Clause an extension or not of the existing law as to the right of trial by jury? The question is not, does it restore the law as it was before the War—