Results 81–100 of 737 for speaker:Mr John Wheatley

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

Mr John Wheatley: The Lord Advocate indicated dissent.

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

Mr John Wheatley: On a point of Order. As the hon. and gallant Member is prefacing his remarks by saying that he wishes to draw attention to an omission from the Bill, I respectfully submit that he is out of Order.

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

Mr John Wheatley: This Bill has been welcomed from all corners of the House. The principal part of it is contained in Clause 1, which gives the Government power to increase the number of judges in Court of Session. On Second Reading, I explained the justification for taking these powers, but I would point out to the hon. and gallant Member for Perth (Colonel Gomme-Duncan) that it is not an increase in the...

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

Mr John Wheatley: That is so. I think we have passed the peak. The hon. Member for West Aberdeen (Mr. Thornton-Kemsley) raised the question of the nomenclature of the sheriff-substitute. I find it very difficult to put my case without going outside the rules of Order. The whole question of nomenclature is inevitably linked up with the question of sheriff-principal and sheriff-substitute, which I cannot...

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 — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: Would the hon. and gallant Member explain in what respects, apart from the extension of the scheme and the consequential developments of the machinery as a result thereof, this new proposal in any way differs fundamentally from the old system of poor law assistance that we had in Scotland?

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: I should explain that, naturally, I did not expect the hon. and gallant Member to be conversant with the details of a matter which is largely technical. I wondered whether perhaps the people who had put forward this complaint, had given him a sufficient briefing to enable him to explain it to me, because I am interested in any such points.

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: It is the public that are being insured.

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: Would the hon. and gallant Member kindly inform the House who was the author of that remark in order that I may have the opportunity of meeting it, and, if necessary, of refuting it?

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: Let me explain that at the meeting referred to by the hon. and gallant Member I said that these meetings had to be treated in a confidential manner at that stage, because it was prior to the publication of the Bill, but that confidentiality should extend to and not beyond the members of the society or their council, who would require to be consulted in connection with the proposals.

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: Is the hon. Gentleman aware that under the provisions of the Sheriff Court Act, 1907, the person responsible for making an investigation into means is the inspector of poor for the parish?

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: The Debate on this Bill has taken, as the right hon. and gallant Member for the Scottish Universities (Lieut.-Colonel Elliot) has said, rather a different line, so far as Part I is concerned, from the Debate on a similar Bill which applies to England which took place yesterday. The Debate has been interesting in that many lay points of view have been advanced in contradistinction to the...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: He is apparently very proud of the fact that he can introduce politics into even a non-political Debate. I do not intend to occupy any of the time at my disposal by discussing the speech of the hon. and gallant Member, because on his own confession his information was not only second hand but third hand; he proceeded on false premises, he gave expression to a lot of party political...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: —because the loss of the 15 per cent. Will be more than offset by the guarantee of payment and the fact that payment is on a solicitor and client basis. So far as counsel are concerned, again a sinister motive was interpolated into the scheme by the hon. and gallant Member for East Renfrew because counsel were to be paid direct out of the scheme. That arrangement was reached as a result of...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: I was coming on to deal with that, because the representations which are made by the organisations are representations in relation to the machinery of the scheme. They do not impute to the promoters of this Bill the motives that are being imputed, at least by certain writers to the Press and by certain writers of leading articles in the Press. That is the vital distinction. The hon. and...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: The hon. and gallant Member says, "Why not?" and accordingly he is an advocate of bigoted anti-Government feeling. Characteristic of the latter, although I am sure the hon. and gallant Member was not the author, are the views expressed by a correspondent in "The Scotsman," writing from the Advocate's Library in Edinburgh, stating that it is high time to protest strongly against the Labour...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: It may not be unthinking, but to my mind it is unthinkable. The more restrained criticism is based on the allegation that this legislation has been rushed, that the legal profession has not been consulted, and that the Bill permits regulations to be made whereby the profession can be dominated and controlled by the Secretary of State. But what are the facts? In May, 1944, the Rushcliffe...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: I was just coming to that. If I had to surmise why it was not extended to Scotland, I should venture the view that it is because we had the Morton Report in 1938.

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: I was coming to that point. The Rushcliffe Report was published in May, 1945, and in November, 1945, the Cameron Committee was set up to frame a corresponding scheme for Scotland, based on the general principles of the Rushcliffe Report. If there had been objection taken to the limitation of the terms of reference, that was the time for the exception to be taken, and not following the issue...

Orders of the Day — Legal Aid and Solicitors (Scotland) Bill (16 Dec 1948)

Mr John Wheatley: Perhaps the hon. and gallant Member will wait. I am trying to give an historical review; and I think he will find that I shall deal with these points in due course. Between 11th and 29th October, the constituent bodies had an opportunity of examining these proposals in the White Paper. It was explained to them at the first meeting that they could not see a copy of the draft Bill before it was...


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