House of Lords (Legally-Aided Appeal Cases)

Oral Answers to Questions — Scotland – in the House of Commons at 12:00 am on 17 June 1964.

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Photo of Mr Eustace Willis Mr Eustace Willis , Edinburgh East 12:00, 17 June 1964

asked the Secretary of State for Scotland the average time taken to bring a legally-aided case for appeal from the Scottish courts to the House of Lords; and what is the average time taken for a decision in such cases.

Photo of Mr Michael Noble Mr Michael Noble , Argyll

On average, nine-and-a-half months and eight weeks, respectively, but actual times vary widely.

Photo of Mr Eustace Willis Mr Eustace Willis , Edinburgh East

Does not the right hon. Gentleman regard this as scandalous? Is he aware that the overall average length of time between cases leaving the Court of Session and being heard in the House of Lords is 10½ months and that recently it has been between three and four months after a case has been heard before a decision has been given? Will the Secretary of State take steps to try to speed up this process? This is far too long.

Photo of Mr Michael Noble Mr Michael Noble , Argyll

With regard to the last part of the hon. Member's supplementary question, the longest period which occurred in a recent case was just over three months, but the average, as I have said, is eight weeks.

Photo of Mr Michael Noble Mr Michael Noble , Argyll

That may be the hon. Member's feeling, but he will, I think, agree that it is not for me to comment on the conduct of business in Another place. The length of time taken in getting these cases to the House of Lords is not unreasonable in view of the great deal of work which has to be done.

Photo of Mr David Anderson Mr David Anderson , Dumfriesshire

Can my right hon. Friend say how many cases have been brought since the scheme began and what the total cost so far has been?

Photo of Mr Michael Noble Mr Michael Noble , Argyll

Ten cases have been brought and the total cost is just over £1,200.

Photo of Mr Arthur Woodburn Mr Arthur Woodburn , Clackmannan and East Stirlingshire

Would not a great deal of time in the House of Lords be saved if Scots people would accept the decisions of their own courts and not bring cases to the House of Lords unless they are matters which concern the whole of Britain?

Photo of Mr Michael Noble Mr Michael Noble , Argyll

I do not think that the House would like me to comment on that suggestion. Scotsmen should avail themselves of whatever rights they have if they so wish.

House of Lords

The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.

The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

another place

During a debate members of the House of Commons traditionally refer to the House of Lords as 'another place' or 'the other place'.

Peers return the gesture when they speak of the Commons in the same way.

This arcane form of address is something the Labour Government has been reviewing as part of its programme to modernise the Houses of Parliament.