"UNHEARD OF."

Auckland Star, Volume LXII, Issue 66, 19 March 1931, Page 11

"UNHEARD OF."

POWER OVER INDUSTRY. MR. JUSTICE PIDDINGTON. NEW LABOUR LEGISLATION. STRONG OPPOSITION PROTEST. Tiie powers conferred upon Mr. Justice Piddington, as Industrial Commissioner, by tlie Arbitration Bill which lias been passed by tlie N.S.W. Legislative Assembly, were the subject of spirited comment by the Leader of the Opposition, Mr. T. R. Bavin, when the bill was under debate. Mr. Bavin spoke for three hours and a half. For the first time in history, he said, it was proposed to give an individual —the Industrial Commissioner —the power to override Acts of Parliament. By a wrong decision, the Commissioner would have the power to ruin an industry. There would be no appeal to a higher tribunal. His power in all industrial matters would be supreme. 'T do in: ■ know what the Constitution of Italy i.-,' Mr. Bavin said, "but I am sure Mussolini has not the powers Mr. Justice Piddington is given in this bill. JSven Mussolini cannot override Acts of Parliament. For the. first time in history that power is given to one individual. It is also given to the chairmen of conciliation committees. A gentleman who was a prize-fighter is chairman of one of those committees.' 5 "No Appeal." Mr. Bavin said there was no appeal of any kind from the Commissioner to any other tribunal. The Commissioner could go completely outside the industrial field. He could make awards overriding Acts of Parliament. He could define his own jurisdiction. He was constituted to deal with any • -industrial matter, and could himself determine what an industrial matter was. The Commissioner could wipe out the Public Service Act, or the Factories Act. He was given complete control over the personnel of the Public Service and of industry. He could lay down conditions for rural industries which could make it impossible for any farmer to give employment. He had the power to determine where any man should go for work, and in what order work should be give'n. Sir Daniel Levy: You would not give that power to an archangel. Mr. Bavin said the Commissioner's control extended even to managers. A technical manager, receiving £5000 a year, could be dismissed if he did not join a union. The Commissioner had the power to fix a basic wage for the State. "Clause 35," Mr. Bavin went on, "says the Commissioner may conduct any investigation into the financial position, business transactions, and working conditions of any employer. He can go into any business and say, I want to know all about that contract you have entered into.'" Mr. Byrne: If necessary. Mr. Bavin: No, if he deems it necessary. He may summon anyone to give evidence, and subject them to any examination. There is no man in the world, outside New South Wales, who is deliberately given such powers.

Principles of Judiciary. "It is a well-established principle that while a judge is in office you do not give him any privilege or take anything away from him/' Mr. Bavin said. "The principle is that a judge should have nothing to fear and nothing to hope for. That was so he would be independent of the Government in office for the time being, and that was the principle until this Government came into office, t would like to know whether Mr. Justice Piddiiigton was consulted or not. [f he was not consulted, well, you have done him a grievous wrong; you have inflicted on him a gross insult. If he was consulted, all I can say is that he has taken on a very heavy responsibility, which no judge in the British Empire would have accepted." The Commissioner, Mr. Bavin went on to say, was given the right to hold office for a term of years. Mr. Justice Piddington would be 69 in September next. After remarking upon the rates of pensions of Supreme Court judges, and that provided under the bill, Mr. Bavin asked, "Was Mr. Justice Piddington consulted?" Pausing for a moment, he went on: "The Minister does not reply. If he was consulted, he has brought indelible disgrace upon himself, and has given rise to a reasonable suggestion which may be made use of by some persons that he is being rewarded for some service, or else that they are looking forward to getting some service from him." Mr. Howe: That is a paltry and unfair suggestion. You only say that under cover of Parliament. Mr. Bavin: I say so not only in this House but out of it. A man who deliberately allows a Government to give him these privileges above other judicial offices in the State for no reason at all, that man legitimately lays himself open to suspicion that he has either given the Government some service, or that he will give some service. "A Grave Error." "I know enough of the spirit of the judicial officers of this State," said Mr. Bavin, "to say that if this was offered to any one of them it would be indignantly rejected. It is unheard of in a British country to single out one judge and offer him these privileges. I asked the Minister whether Mr. Piddington had been consulted, and he would not answer. If he has not been consulted, that clause in the bill giving him these privileges should be withdrawn until he has. I am saying this in fairness to Mr. Pidding/on. This Government is treating him unfairly. There is not one man who understads the traditions of British justice who will not ask why he has been singled out, and will say that he has made a grave error. I say his reputation has been tarnished. If he has not been consulted, then he should be allowed to say whether he is willing to be singled out for these unheard-of privileges." There was a background for this clause, continued Mr. Bavin, who spoke on th proposed dismissal of Mr. Justice

Cantor and Mr. Justice Street, who, he said, were to be thrown out without compensation. The present Government knew it could not influence them. They were being put off because they had acted as honourable men. If the Government was to establish this principle, then everyv judge in the Supreme Court would know that, if he gave a decision that tho Government might not like, he might be put off by statute without compensation or any other right. Mr. Carter: Sandbagging. Mr. Bruce Walker: Thank God, theie is an Upper House. Mr. Bavin said that the Government could still use Mr. Justice Cantor and Mr. Justice Street on the Supreme Court bench. If the Chief Justice himself gave a decision against the Government he might find himself put ofl. Judicial Independence. "Tho whole of the traditions, built up for 100 years, which made the British Judiciary tho finest in the world aie being smashed to pieces by this Government in the meanest and most contemptible way," proceeded Mr. iiavin. "Simply because the last Governmen appointed these gentlemen, a P nn ®JPj® is being set up which absolutely det> troys judicial independence. Henceforth, while a Labour Government is in office, no judge can regard himseli » safe from political control. Any judge who says anything the Government does not like knows that this Government can and will put him into the street To sum up, the treatment is grossij insulting to Mr. Justice Piddington and orossly unfair to the two other ;] u< *o e • I should be shocked and to find that they had asked Mi. Justice Piddington and lie had agreed to this course. Until I know that lie lias agreed, I will not believe that he did agree."