Results 101–120 of 737 for speaker:Mr John Wheatley

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

Mr John Wheatley: "Hear, hear," says the hon. and gallant Member. I should just like to test that. It is interesting to note that the counterpart measure for England, which is on exactly parallel terms, fitted to the structure of law in England with all the matters available to it that are available to our Bill, with the exception that it is the Lord Chancellor who will make the regulations and not the...

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

Mr John Wheatley: I was dealing with the hon. and gallant Gentleman's own views, in so far as he was capable of formulating them at all.

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

Mr John Wheatley: I ask Members opposite to face this question; Is it likely that a Measure which Sovietised the law would have the approval of the learned Members—and I mean "learned" in the best sense of the word—to whom I have referred? Are we Anglicising the law because we accepted the principles of a wide extension of legal aid and equiparated the financial positions? Some of the critics, friends of...

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

Mr John Wheatley: I cannot give way.

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

Mr John Wheatley: The principal feeling seems to be about Clause 11 (1) which empowers the Secretary of State to make regulations …for giving effect to this part of this Act or for preventing abuses thereof. What are these powers, and by whom should they be exercised. The framework of the Scheme provides regulations of two kinds—the first to increase the scope of the Bill, which are subject to affirmative...

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

Mr John Wheatley: The Bill does say so. I am reminded that the hon. Member prefaced his speech by saying he had not had time to read the Bill properly.

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

Mr John Wheatley: HANSARD will show tomorrow which of us is correct. Clause 7 (1) says: Subject to this Part of this Act, it shall be the responsibility of the Law Society to make arrangements, in accordance with a scheme made by them with the approval of the Secretary of State and with the concurrence of the Treasury, for securing that legal aid and legal advice are available as required by this Part of this...

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

Mr John Wheatley: It is difficult to, mix up the hon. and gallant Gentleman, with anybody else, but I accept his explanation. The next question referred to the-National Assistance Board. As I pointed: out in an intervention to the hon. Member for Dumfries (Mr. N. Macpherson), under the sheriff court procedure the investigating officer is the inspector for the poor. It is true that in the Court of Session it...

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

Mr John Wheatley: That is a Committee point and I should prefer to deal with it in Committee, as with the various points made by the hon. and gallant Member for West Edinburgh, and I hope my right hon. Friend will not regard it as discourteous if I do not go into that question at the present time. I am convinced that with that explanation the House will be satisfied that this is a Measure which has within its...

Orders of the Day — Legal Aid and Solicitors (Scotland) [Money] (16 Dec 1948)

Mr John Wheatley: indicated dissent.

Orders of the Day — Legal Aid and Solicitors (Scotland) [Money] (16 Dec 1948)

Mr John Wheatley: I was demurring only to the suggestion that I should go through the motions of negotiations. If I could not go through real negotiations, I should not go through any.

Orders of the Day — Legal Aid and Solicitors (Scotland) [Money] (16 Dec 1948)

Mr John Wheatley: The Financial Memorandum appears in front of the Bill, if the hon. Member will look at it.

Orders of the Day — Clause 2. — (Short title, commencement and extent.) (1 Feb 1949)

Mr John Wheatley: The explanation is simply that there is at present before the House another Bill which will alter the whole nature of the taking out of practising certificates in Scotland. The hon. and gallant Member no doubt is aware of the Bill to which I refer. It is the second part of the Legal Aid and Solicitors (Scotland) Bill. Until that Bill becomes an Act and the provisions are put into operation,...

Orders of the Day — Juries Bill (1 Feb 1949)

Mr John Wheatley: I would like to intervene to deal with the peculiarly Scottish issues raised by the hon. and gallant Gentleman the Member for Pollok (Commander Galbraith). With regard to the general principles which are being debated on both sides, I do not intend to deal with them now; they will be dealt with in turn by my right hon. and learned Friend the Solicitor-General. The general principles regarding...

Orders of the Day — Juries Bill (1 Feb 1949)

Mr John Wheatley: No. That Bill deals with something entirely different. The Legal Aid Fund will have nothing whatever to do with payment to jurors. It is merely concerned with financing the litigation from the litigants' angle. Under the Bill, all persons cited to attend, whether empanelled or not, will be entitled to recover expenses and to payment; and so, too, in fatal accident inquiries. As in England, we...

Orders of the Day — Juries Bill (1 Feb 1949)

Mr John Wheatley: In criminal causes, I said that the rate of fees payable to witnesses is determined administratively because no party is entitled to expenses from the other in our criminal courts, apart from stated cases, etc., by way of appeal which do not apply in this case. Therefore these rates of witnesses' fees are not matters at present for Acts of Sederunt but are administrative matters. There is the...

Orders of the Day — Juries Bill (1 Feb 1949)

Mr John Wheatley: By the Exchequer through the Scottish Home Department, the Procurators Fiscal and the Crown Office in criminal causes. Therefore, there is no connection between the court's power to regulate by Act of Sederunt the scale of witnesses' fees in civil causes and the payment of fees in criminal causes. Whereas that is a complete answer so far as criminal causes are concerned, I trust that the...

Orders of the Day — Juries Bill (1 Feb 1949)

Mr John Wheatley: Yes.

Orders of the Day — Water (Scotland) Bill: New Clause. — (Amendment of Definition of "communication Pipe," &C.) (7 Feb 1949)

Mr John Wheatley: It is with some hesitation that I intervene in this private quarrel of hon. Members opposite. I was pleased to hear the initial assurance given by the hon. and gallant Member for Perth (Colonel Gomme-Duncan) that the remarks he proposed to make were not going to be of a certain character. However, I was disappointed when I listened to his subsequent remarks because the hon. and gallant...

Orders of the Day — Water (Scotland) Bill: New Clause. — (Amendment of Definition of "communication Pipe," &C.) (7 Feb 1949)

Mr John Wheatley: If the hon. Gentleman had taken the trouble to look at the principal Act, which is the basis on which——


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