Results 661–680 of 737 for speaker:Mr John Wheatley

Orders of the Day — Administration of Justice (Scotland) Bill (7 Dec 1948)

Mr John Wheatley: I have received the memorial. I receive frequent representations. I do not want it to be thought that I am indicating an opinion one way or the other in this matter. The Bill is not the proper vehicle for carrying into effect whatever decision is arrived at. If I treat the matter in this way, it does not indicate that I am necessarily opposed to any change. I will consider that matter when it...

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: indicated assent.

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: I do not want to interrupt the right hon. and learned Gentleman, but I think he has got the thing the wrong way round. At present the court sessions are fixed under the Administration of Justice Act, 1933. They are definite periods fixed according to the calendar. Experience has shown that by adopting that method a certain amount of difficulty arises. For instance, in 1950, the court will...

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: This is a very short Bill, and the points which have been raised have also been very short. We were all most interested in the legal lore which was illustrated by the right hon. and gallant Gentleman the Member for the Scottish Universities (Lieut.-Colonel Elliot) and we shall certainly keep it in mind. I am sure that it will be much appreciated at legal dinners, With regard to the Bill,...

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: Apart from the divorce cases, the volume of work generally has increased, but I think in regard to divorce cases we have reached the peak of the graph.

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: I was about to explain that. The work of the court, both in the Inner House and the Outer House, is being affected by the absence of this one judge which we have suffered from during the last two and a half years. The judge in question was an Outer House judge, but sometimes, in order to clear off some work in the Outer House, an Inner House judge had to be taken out to do the Outer House...

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: It the hon. Gentleman wants to go back to the year 1532, probably he would be getting near the figure; but in modern times we have had only 13. That number was fixed by the Court of Session Act of 1830. For the last two and a half years, the court of session has been without the services of Lord Patrick who has been engaged in the war criminal trials in Japan. I think that we ought to put on...

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: The court, as represented by the Senate of the College of Justice, felt that the inflexible rule at present in operation was not in the interests of the public.

Orders of the Day — Administration of Justice (Scotland) Bill (2 Dec 1948)

Mr John Wheatley: Yes, Sir. Clause 4 deals with the appointment of the sheriff-substitute. We are merely repeating what was the intention of the 1907 Act with regard to the stipulation of the qualifications for sheriff-substitute, but the wording of the 1907 Act was such that on a strict interpretation it meant that a solicitor who had five years' experience and then came to the Bar and became an advocate and...

Orders of the Day — Water (Scotland) Bill (9 Nov 1948)

Mr John Wheatley: The figures of the right hon. and gallant Gentleman are wrong: three plus four equals seven.

Orders of the Day — Criminal Justice Bill: Clause 3. — (Abolition of power to pass a sentence of whipping.) (15 Jul 1948)

Mr John Wheatley: The hon. and gallant Member will excuse my intervention. Is he aware that the last punishment by whipping of an adult in Scotland was in 1932, that the last whipping in prison under the prison rules was in 1934 and that the one prior to that was in 1926?

Orders of the Day — Agriculture (Scotland) Bill: Clause 25. — (Construction, citation and application of Part I.) (1 Jul 1948)

Mr John Wheatley: My hon. Friend the Under-Secretary, when explaining the reason for our opposition to this Amendment, explained that the Amendment was in his opinion unnecessary and undesirable. Perhaps I may first deal with the question of undesirability. I should point out that for a number of years there has existed side by side in Scotland two separate codes—the Agricultural Holdings (Scotland) Act code...

Orders of the Day — Agriculture (Scotland) Bill: Clause 25. — (Construction, citation and application of Part I.) (1 Jul 1948)

Mr John Wheatley: This part of the Bill has to be read as one with all the other Agricultural Holdings Acts to which reference is made in Clause 25. The incorporation into the other code of various provisions of the Agricultural Holdings Acts means, I think the right hon. and learned Gentleman will agree, that, under the Interpretation Act, they must be read in future as embracing all the Agricultural Holdings...

Orders of the Day — Agriculture (Scotland) Bill: Clause 25. — (Construction, citation and application of Part I.) (1 Jul 1948)

Mr John Wheatley: If the hon. Gentleman wishes to interfere in Scottish affairs, he ought to learn the Scottish dictionary. The position is that his holding remains a statutory holding under the Small Landholders Acts until such time, either by the operation of law or otherwise through the consent of the Department of Agriculture, it is transferred to another person, who will be registered again as the...

Orders of the Day — Agriculture (Scotland) Bill: Clause 25. — (Construction, citation and application of Part I.) (1 Jul 1948)

Mr John Wheatley: I am saying that in so far as the existing law for statutory smalholdings has incorporated as part of their code the Agricultural Holdings Acts we intend to leave that untouched, and if we accepted the Amendment which was passed in another place it would undoubtedly lead at least to confusion as to whether that did not automatically repeal the provisions of the Agricultural Holdings Acts...

Orders of the Day — Agriculture (Scotland) Bill: Clause 25. — (Construction, citation and application of Part I.) (1 Jul 1948)

Mr John Wheatley: I did not in any way resent the hon. Gentleman asking a question. I merely suggested that it was unfortunate that he did not understand the Scottish lexicon.

Orders of the Day — Town and Country Planning Regulations (28 Jun 1948)

Mr John Wheatley: I beg to move, That the Town and Country Planning (Minerals) (Scotland) Regulations, 1948, dated 13th May, 1948, a copy of which was presented on 14th May, be approved. These Regulations are the counterpart Regulations for Scotland to the previous Regulations which were passed for England.

Orders of the Day — Town and Country Planning Regulations (28 Jun 1948)

Mr John Wheatley: The hon. Member for West Aberdeen (Mr. Thornton-Kemsley) first sought an explanation as to why the minerals worked by the National Coal Board had not been brought within the ambit of these regulations. These regulations are made under Section 78 of the Scottish Act, and Section 78 (6) expressly excludes minerals which are vested in the National Coal Board. Since the Act itself expressly...


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