Industrial Relations

Part of the debate – in the House of Commons am 12:00 am ar 4 Rhagfyr 1973.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Selwyn Lloyd Mr Selwyn Lloyd , Wirral 12:00, 4 Rhagfyr 1973

Before I call the right hon. Member for East Ham, North (Mr. Prentice) to move the motion, I want to say this to the House. Certain inquiries and representations have been made to me about the scope of this debate. I do not in general believe in ruling upon hypothetical situations, but on this occasion however it might be helpful if I try to give some guidance.

Any Act of Parliament which the courts have to operate can be criticised as strongly as hon. or right hon. Members desire. It can be argued that a judge has made a mistake, that he was wrong, and the reasons for those contentions can be given, within certain limits.

I wonder whether I might read to the House what Lord Atkin, one of the great judges of this century, said some years ago on this subject. He said : But whether the authority and position of an individual judge, or the due administration of justice is concerned, no wrong is committed by any member of the public who exercises the ordinary right of criticising, in good faith, in private or public, the public act done in the seat of justice. The path of criticism is a public way, the wrong headed are permitted to err therein : provided that members of the public abstain from imputing improper motives to those taking part in the administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attemptng to impair the administration of justice, they are immune. Justice is not a cloistered virtue : she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men. That is very much the attitude of mind with which the Chair will approach this debate. Reflections on the judge's character or motives cannot be made except on a motion. No charge of a personal nature can be raised except on a motion. Any suggestion that a judge should be dismissed can be made only on a motion. As for today's debate, the only motion that can be debated is that in the name of the Leader of the Opposition and his hon. and right hon. Friends.