Results 161–180 of 737 for speaker:Mr John Wheatley

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

Mr John Wheatley: There seems to be a certain misconception with regard to the purpose of this Clause, because it merely makes it permissive for the court to restrict the fees payable to the various people mentioned in the Amendment, namely, the auditors of court, messengers-at-arms, sheriff officers and shorthand writers. So the question of restricting the fees does not arise at this juncture, and it will...

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

Mr John Wheatley: No, only the Lord President of the Court of Session who is the titular head of the court in Scotland. It will be the Court of Session which will pass the acts of sederunt and of adjournal. It will be the appropriate time for these bodies to be consulted, if necessary, as and when the Court decides to pass the acts of sederunt and of adjournal restricting the fees. On the broad general...

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

Mr John Wheatley: Not "has passed"; "is considering passing."

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

Mr John Wheatley: Does the right hon. and gallant Gentleman wish us to take this from the courts and accept the responsibility ourselves?

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

Mr John Wheatley: I am afraid the right hon. and gallant Gentleman has forgotten that during the earlier stages of the Bill we had already agreed in principle to the court fixing the fees to be paid to these people, including the shorthand writers.

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

Mr John Wheatley: If the right hon. and gallant Gentleman looks at Clause 13 (3), he will find that that power is already vested in the court; and no opposition was put forward during the Committee stage to that proposal. All we are doing in the Amendment is making it clear that in fixing these fees the court can, for the purposes of the legal aid provisions, make a restricted fee if it thinks fit....

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

Mr John Wheatley: The hon. Gentleman is entirely wrong. The solicitor and counsel do not get any special bonus; they get only the 85 per cent. fee. If the full fee is recovered the balance will go to the Legal Aid Fund and not to the solicitor or counsel.

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

Mr John Wheatley: indicated dissent.

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

Mr John Wheatley: They would go to the Legal Aid Fund also.

Orders of the Day — New Clause. — (Information as to Right to Receive Legal Aid.) (31 May 1949)

Mr John Wheatley: When this point was raised in Committee, I gave an undertaking that we would look very carefully at it between that stage and the present stage with a view to deciding whether or not something of this nature could be incorporated in the Bill, and I can assure the House that we gave it very careful and anxious consideration. At the end of the day we decided that for the reasons explained in...

Orders of the Day — Clause 2. — (Financial Conditions of Legal Aid.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 3, line 21, at the end, to insert: or of an agreement as to expenses. We provide in the Bill for the case where expenses are recovered as a result of an award by the court. As hon. Members will appreciate, however, actions are sometimes settled out of court, with an arrangement regarding expenses. We seek by this Amendment to bring within the ambit of the Clause any...

Orders of the Day — Clause 2. — (Financial Conditions of Legal Aid.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 3, line 39, to leave out from "person," to "his," in line 40, and to insert: who has been found liable in expenses. During the Committee stage the hon. Member for Dumfries (Mr. N. Macpherson) raised the question of whether or not it would be possible to carry out the purposes of this Clause because it would be necessary to inquire into means before making an award of...

Orders of the Day — Clause 2. — (Financial Conditions of Legal Aid.) (31 May 1949)

Mr John Wheatley: I beg to move, in page 3, line 42, to leave out "and." Subsection (5) provides certain exceptions which will be disregarded in taking into account the means of an unsuccessful assisted litigant against whom an award of expenses is to be made. As originally framed, it was intended that the power to prescribe exceptions should extend to the list of articles referred to and should not confine...

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

Mr John Wheatley: On a point of Order. I understand, Mr. Deputy-Speaker, that you have not called the Amendment to page 5, line 16, to leave out subsection (5), and that you have called the Amendment to page 5, line 25, to leave out subsection (6). In these circumstances, may I draw your attention and the attention of the House to the fact that subsection (6) is really consequential on the provisions of...

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

Mr John Wheatley: I was very much surprised at the opening statement of my hon. Friend the Member for Bridgeton (Mr. Carmichael). When he expressed that view it was for a very small minority from this side of the Committee. He remarked that the Poor Law was not removed by legislation. One of the greatest things we have done in recent legislation is to remove the Poor Law from this country, and we have done it...

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

Mr John Wheatley: If we are building up the new psychology, I cannot see that there should be any differentiation between a man who asks legitimately for public assistance in the form of national funds to allow him to get the necessities of life and the man who applies to the same funds for supplementation to enable him to carry on his litigation. It seems to me to be the same position and that there is no...

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

Mr John Wheatley: Will the hon. and gallant Gentleman explain the difference between that suggestion and the suggestion I made in Committee that an officer of the National Assistance Board could be seconded to the local committee for this purpose? To that extent he would be just as much an officer of the local committee as the person to whom the hon. and gallant Gentleman refers?

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

Mr John Wheatley: One does not need to be appointed to a committee to be acting for the commitee. The hon. and gallant Gentleman surely knows that.


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