Part of CROWN PROCEEDINGS BILL [Lords] – in the House of Commons at 12:00 am on 11 July 1947.
Mr Moss Turner-Samuels
, Gloucester
12:00,
11 July 1947
I beg to move, in page 13, line 12, at the end, to insert:
unless the court or judge at the instance of any party orders otherwise.
I propose, with your permission, Mr. Beaumont, to take this Amendment and the next one in my name, as they really go together—in line 13, to leave out Subsections (2) and (3). The short point is that, at present, where a writ is issued, all subsequent proceedings up to the trial have to be taken either in the district registry or in the central office, according to where the action is commenced, but it is now proposed in the Bill that all such proceedings have to be taken in the Central Office and not in the district registry where the writ is issued there as would be done in a normal case. That might lead to some inconvenience and hardship to the plaintiff, and all I desire to do is to ask the Attorney-General whether he will consider that again to see whether some improvement cannot be made in that connection.
The second part of the Amendment is much more substantial, in my submission. Under the Bill, the right to go to the Assizes seems to be taken away altogether, unless the consent of my right hon. and learned Friend the Attorney-General is obtained. That seems to me to be a rather arbitrary proceeding. Why, in this particular case, my hon. and learned Friend, without giving the court any power to decide the matter, should arbitrarily say, whatever the circumstances, "No, I insist that this case should be tried in London and not in the country," I do not know. It may be that the matter will have arisen in the country, that the witnesses are there, and that everything that is convenient and near to the trial is all situated in that locality, and yet my hon. and learned Friend can say that, in spite of those conveniences, the matter must be dealt with in London. There are certain rules of court, as my right hon. and learned Friend knows, which provide that where it is more convenient to have a trial in the country by reason of local circumstances, the court invariably decides that it has got to be tried there. All I ask is that my right hon. and learned Friend will look at the matter again to see whether some modification cannot be made in order to meet the practical needs of the circumstances.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.