NO POLITICAL INFLUENCE

Evening Star, Issue 21905, 17 December 1934, Page 11

NO POLITICAL INFLUENCE

BRITISH JUDICATURE BILL AN AMICABLE SOLUTION Press Association—By Telegraph—Copyright LONDON, December 14. In the House of Lords the Marquess jot Heading resumed the debate on the Judicature Bill. He said that Lord Hewart’s statements on Tuesday were disturbing. . The most serious suggestion was that Lord ; Justice Slesser was to be prevented from presiding over the second Appeal Court because he was appointed to the Bench by a Labour Government. - “ .

Lord Hewart. (Lord, Chief Justice): I did not make that suggestion, but suggested that the public might think so. Lord' Reading refused to believe that the Government was actuated by any such consideration. No Government would attempt to affect the position of: a judge .because he had belonged to a political party. He suggested as a way out of an undesirable position that the Government insert a proviso ’in the clause complained of to the effect that it referred only to future appointees, and would not operate so far as the present members of the Court of Appeal were concerned. The whole object was to prevent any thought of affront or indignity being imposed on Lord Justice Slesser.

Lord Ponsoby said be disagreed with Lord Reading’s view. It was inconceivable that the supersession of Lord Justice Slesscr had been done from political motives. Plenty of examples could be quoted to show that the holding of Labour views did not result in social or professional ostracism. . Lord Hanworth said his relations with Lord Justice Slesser ever since he was appointed in 1929 had been cordial, and he desired to emphasise that he had nothing to do with the genesis of the clause to which Lord Hewart objected. Simply as a friend he had told Lord Justice Slesser that it appeared from the clause that he would not automatically preside over the second Appeal Court in the absence of' Lord Justice Greer, while he knew nothing of Lord Hewart’s complaints till he heard them on Tuesday. Lord Hailsham said he had never intervened m a debate more 'relucantly, but he felt he must do so in defence of a Civil servant. Lord Hewart’s speech on Tuesday implied a scathing and sensational attack on Sir Claud Schuster, head of the Lord Chancellor’s Department.' Lord Hewart suggested that there had been a plan that the department should substitute the Minister of Justice for the Lord Chancellor in order that the department should control appointments to ■ judicial offices. This plan for the Ministry of Justice dated back to, Lord Haldane’s Lord Chancellorship in 1913, which was before Sir Claud Schuster’s • time. Actually Sir Claud Schuster had throughout constantly opposed the project. The whole idea of the chief offending clause was that the vice-presidency of the Appeal Court would go to a judge who had not sat with the Master of Rolls on the first court. The idea that the clause was designed against Lord Justice Slesser was most astonishing. Tho clause contained nothing sinister or improper regarding Lord Justice Slesser or anyone else. It proposed a sensible and efficient way of regulating the business of the Appeal Court. Lord Sankey (Lord Chancellor) said the whole idea of the offending clausa was to have a common law lawyer presiding in one court and a Chancery lawyer in the other, irrespective of the rights of seniority. There was no idea of discourtesy to Lord Hewart and no politic..! bias against anyone throughout, but he proposed to adopt Lord Reading’s suggestion that no present Lord Justice should be affected. • Lord Hewart expressed gratitude at the kind references made during the debate. He did not desire to prolong the controversy, and he was thankful to hear that the old proposal of the Ministry of Justice was dead and buried.. The second reading was carried without division, and thereafter Lords Sankey and Halsham walked across the floor and shook hands with Lord Hewart. In the course of the discussion Lord Sankey, answering one interruption from Lord Hewart, replied: “ Quibbles are no use in this case.” Referring to Lord Hewart’s references to political influence being brought against Lord 'Justice Slesser, Lort Sankey many times cried: “Moonshine, just moonshine!”