Results 181–200 of 737 for speaker:Mr John Wheatley

Orders of the Day — Clause 4. — (Assessment of Disposable Capital and Income and of Maximum Contribution.) (31 May 1949)

Mr John Wheatley: Does the right hon. and gallant Gentleman know that the oldest system in Scotland was the system of inquiry by the inspector of the poor.

Orders of the Day — Clause 6. — (Solicitors and Counsel.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 7, line 43, after "aid," to insert: or of an agreement as to expenses in favour of such a person which provides for taxation. This Amendment is similar to a previous one, with the same explanation. We have provided in subsection (7) that the provisions of subsection (5), which restricts the fees of counsel and solicitors to 85 per cent., will not affect the sums...

Orders of the Day — Clause 7. — (Right to and Nature of Legal Advice.) (31 May 1949)

Mr John Wheatley: As I pointed out in the Committee, this undoubtedly is a difficult part of the scheme which we are putting into operation. Having considered the matter very carefully since then, we still feel that the best way of operating this part of the scheme, namely, the provision of legal advice, is to leave it to the Law Society to work out the best means of determining whether or not a person is...

Orders of the Day — Clause 8. — (Function of Law Society.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 9, line 26, to leave out "may provide." When the Clause was discussed in Committee it was pointed out that it would include lay members of the central supervisory committee. As hon. Members will recollect, any scheme which will provide for the inclusion of lay members has to be approved by the Secretary of State. It has been suggested that the inclusion of lay members...

Orders of the Day — Clause 8. — (Function of Law Society.) (31 May 1949)

Mr John Wheatley: Before the hon. and gallant Gentleman quotes that, will he observe that this Amendment does not in any way deal with the question of numbers?

Orders of the Day — Clause 12. — (Regulations.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 12, line 40, at the end to insert: or has a reasonable expectation of receiving financial or other help from a body of which he is a member. The House will recollect that under this Clause we take power to make regulations to meet the special circumstances where the applicant for legal aid has available to him rights or facilities which might make it unnecessary for him...

Orders of the Day — Clause 12. — (Regulations.) (31 May 1949)

Mr John Wheatley: The type of case cited by the hon. and gallant Gentleman is the typical type of case we have in view. In these organisations it is usually found that legal assistance is not given as a matter of right; it is given as a matter of custom or practice, but the association or society reserves to itself the right not to do so. That is the big distinction between that type of case and the compulsory...

Orders of the Day — Clause 13. — (Rules of Court.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 14, line 22, at the end, to insert: (5) The powers conferred by this section on the Court shall be exercisable by statutory instrument, and the Statutory Instruments Act, 1946, shall apply to a statutory instrument containing rules of court made under this section by the Court in like manner as if the rules had been made by a Minister of the Crown. The object of this...

Orders of the Day — Clause 15. — (Offences.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 15, line 35, at the end, to insert: (2) No information furnished for the purposes of this Part of this Act to the Law Society or to any committee or person on their behalf shall be disclosed— (a) in the case of such information furnished by, or by any person acting for, a person seeking or receiving legal aid or advice, without the consent of the person seeking or...

Orders of the Day — Clause 15. — (Offences.) (31 May 1949)

Mr John Wheatley: With permission, Mr. Speaker, I should like to point out that the substance of this Amendment is exactly the same as the substance of the Amendment which was on the Order Paper at an earlier stage. It was the exact wording that I was not very happy about myself and for that reason we have translated it into the present words. It has been discussed with the solicitors, and as I indicated...

Orders of the Day — Clause 17. — (Interpretation, Transitional Provisions, Repeals and Citation of Part I.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 16, line 42, at the end, to insert: so much of section (10) of the Act of the Parliament of Scotland, 1587, cap. 57, as provides for the appointment of counsel and solicitors to act for persons accused of crime. This is really a drafting Amendment repealing the provisions of the Act of 1587 which will no longer be required.

Orders of the Day — Clause 17. — (Interpretation, Transitional Provisions, Repeals and Citation of Part I.) (31 May 1949)

Mr John Wheatley: If I may reply to the surprising speech made by the hon. Gentleman, I would only say that if he had taken care to read the Bill, he would have seen that we had repealed this section in the repeal section of the Bill and it is being incorporated in this particular part of the Bill for convenience.

Orders of the Day — Third Schedule. — (Remuneration of Persons Giving Legal Aid.) (31 May 1949)

Mr John Wheatley: I beg to move in page 26, line 7, to leave out "expenses are awarded," and insert "the expenses are taxed." This Amendment, and the following four Amendments can be taken together, because they are connected with the same point we are trying to effect. As the Schedule was originally framed we made provision for two types of expenses in the sheriff court. The two scales were the ordinary...

Orders of the Day — Third Schedule. — (Remuneration of Persons Giving Legal Aid.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 27, line 11, at end, insert: 5. Where regulations so provide, an amount whether on account of outlays or fees, fixed by agreement between the Law Society and the solicitor to whom such amount is payable in the first instance out of the legal aid fund shall for the purposes of this Schedule be treated as if it were an amount allowed on taxation:Provided that this...

Orders of the Day — Third Schedule. — (Remuneration of Persons Giving Legal Aid.) (31 May 1949)

Mr John Wheatley: We should not like to part with this Bill on its voyage to another place without expressing appreciation of the various people who have contributed towards making it a better Bill than when it was first introduced. I think that is the fate of most Bills. I should therefore like to say a word of appreciation to the hon. Members in the House and the people outside the House who have worked...

Orders of the Day — Third Schedule. — (Remuneration of Persons Giving Legal Aid.) (31 May 1949)

Mr John Wheatley: That is not the case. One cannot take comparable cases because of the difference in our procedure. The actual costs bear no relation to this problem. The problem is what the applicant for legal aid will be called upon to pay. If he is called upon to pay beyond his limit he gets legal aid in both countries. That effectively disposes of quite a number of the arguments that we are following...

Orders of the Day — Third Schedule. — (Remuneration of Persons Giving Legal Aid.) (31 May 1949)

Mr John Wheatley: With due respect, I did not think that was an illustration. I do not know whether or not the learned judge was referring to the Legal Aid Bill in that speech. If he was—and I am not accepting that he was—I would disagree entirely with what he says and leave it to the House to judge whether the provisions of the Bill create those dangers or whether they are quite unfounded. In the...

Adoption of Children Bill: Clause 14. — (Application to Scotland.) (24 Jun 1949)

Mr John Wheatley: I beg to move, in page 9, line 28, to leave out "and any extract of an entry," and to insert: (6) Where the Registrar General for Scotland is notified by the Registrar General that an adoption order has been made under the Adoption of Children Act, 1926, in respect of an infant to whom an entry in the Register of Births, Deaths and Marriages or the Adopted Children Register maintained by the...


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