Results 61–80 of 737 for speaker:Mr John Wheatley

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 — 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 — 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 — 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 — Administration of Justice (Scotland) Bill (7 Dec 1948)

Mr John Wheatley: The salary of a lord ordinary or any other judge, exclusive of the Lord President and the Lord Justice Clerk is £3,600 per annum. They are entitled to a full pension of two-thirds of their salary on completing 15 years' service. They are entitled to a pension if they have to retire within the 15 years on account of physical or mental illness. The amount of pension in such cases varies...

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

Mr John Wheatley: The point raised by my hon. Friend the Member for North Edinburgh (Mr. Willis) seems to indicate that these appointments are merely for a transitory period and that when the volume of work which is now crowding out the courts has been dealt with there will be no further need for such judges. My hon. Friend trusted that in these circumstances the person or the persons appointed would not after...

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

Mr John Wheatley: I beg to move, in page 1, line 21, to leave out, passed in the month of July in each year. When the Clause was originally framed, and as it appears in the Bill, it provided that the Act of Sederunt fixing the session of the court should be passed in the month of July each year. From a practical viewpoint that would be very inconvenient, because, if the courts did not know until July of a...

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

Mr John Wheatley: As was explained on Second Reading, the purpose of this Clause was to rectify a drafting point in the 1907 Sheriff Courts (Scotland) Act in order to make it quite clear that a person with five years' standing could aggregate his period of standing in one branch of the profession with his period of standing in another branch of the profession. The 1907 Act, which was the basis from which we...


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