PUBLIC RECORD OFFICE
།༴།།། ། །
Reference :-
C.O.885
18 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Thirteenth Day
8 May 1907.
RECIPROCITY AS TO BARRISTERS. (Mr. Deakin.)
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first of all the case of the English harrister, because it seems to me strange and might naturally appeal to the English Bar. The Colonial barrister has claims also depending on his qualifications.
Sir WILLIAM ROBSON: The same thing is applicable to the Irish and Scotch K.C.
Mr. DEAKIN But there is always a distinction; I do not know that the Irish or Scotch K.C. has been called to your Bar, or that after that he has occupied the position (I take the strongest case I can find) of Attorney- General and of Chief Legal Adviser to the Crown.
Sir WILLIAM ROBSON: Yes. Take my Right Honourable and learned friend, the Lord Advocate; the Lord Advocate would have to submit to the ordinary professional conditions before he practised at the English Bar.
Mr. DEAKIN: Is he not an English barrister?
Sir WILLIAM ROBSON: No.
Mr. DEAKIN: The case I am taking is of an English barrister, a man with the right to practise at the English Bar; I put my strongest case first-the case of a man fully qualified to practise at the English Bar and who has the right to appear in all the Courts. He goes out to one of the dependencies beyond the seas and receives silk either before or after his elevation to the office of Attorney-General, and in one or two cases I have in mind held the office for some years. They come back to England, and although they are English barristers, practising at the English Bar, who have been His Majesty's advisers over the sea
Sir WILLIAM ROBSON: That is really a matter for the personal discretion of the Lord Chancellor, and if the case of a Colonial K.C. who had been Attorney-General and desired to practise at the English Bar were laid before the Lord Chancellor, it would be a case that would appeal strongly to his discretion.
Mr. DEAKIN: But even so, the resolution does not bear that out. Whether any cases have been before the present Lord Chancellor or his predecessor I cannot say. Going a step further, let me ask your con- sideration for the barrister who has not been admitted to the English Bar, but is qualified in the Dominions, as we now call them, provided his qualification is, speaking broadly, as good as that required by the Inns of Court, who becomes King's Counsel and comes to Great Britain. Should he not be entitled to have his claims heard? Although I quite admit this is a matter for the personal discretion of the Lord Chancellor, it is one of those cases in which there appears to be a distinction of status drawn Now unless that between the Colonial and the British professional man.
is based upon some real difference in qualification or upon some definable distinction, it surely ought not to arise, as I have heard that it has arisen, simply because a man who would undoubtedly have received silk if he had been an Englishman, has not received it
Sir WILLIAM ROBSON: There is no distinction as between Englishmen and Colonists, none. You may accept my assurance on that point, because
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Thirteenth Day.
8 May 1907.
every observation you are making applies equally to the Scotch and Irish Bar. The Scotch and Irish Bar maintain their regulation against us, and we maintain ours against them. We have certain restrictive regulations amongst ourselves even; we do not allow the member of one circuit to practise in RECIPROCITY AS TO BARRISTERS. another circuit, and we have all these restrictive regulations, which are
(Sir something quite outside any question between Englishmen and anyone coming from the Dominions beyond the Seas. It has nothing to do with that, because whatever we did with regard to Colonists we should equally have to do with regard to the Scotch and Irish Bar.
Mr. DEAKIN: Under similar conditions, most certainly.
Sir WILLIAM ROBSON: It is the generality of the resolution which makes me a little apprehensive about it.
Mr. DEAKIN However, if I have enlisted your sympathies in this matter it is sufficient for the present.
Sir WILLIAM ROBSON: It will be very favourably considered by the English Bar and the Lord Chancellor, and the observations you have made, which have apparently some personal reference, I should be very glad to put before the Lord Chancellor.
Mr. DEAKIN: I have done it not for personal reasons, but because, as you know, professional men all the world over are rather jealous of the status they acquire, and if one of their number..
Sir WILLIAM ROBSON: Without perhaps any definite resolution, 1 will communicate with the Bar Council. I would ask the Conference not to pass any general or sweeping resolution without much greater consideration than we have been able to give to it.
CHAIRMAN: There is one more suggestion. We will put the resolution Sir Joseph Ward has made on record as having been submitted, and then reserve the whole thing. I do not think we shall get further.
Sir JOSEPH WARD: Under the circumstances I am quite agreeable to that course.
The resolution will go on record as a suggestion.
RECIPROCITY AS TO SURVEYORS.
CHAIRMAN: And the subject can be reserved for further consideration. As to the other case you mention, the surveyors, there is really no difference of opinion about it. In the paper you have from us we quite accept your resolution.
Sir JOSEPH WARD: That is all right.
Mr. BRODEUR: The same objection will apply as far as Canada is concerned to this proposal about the surveyors.
Mr. DEAKIN : That does not disqualify Sir Joseph Ward from moving his resolution, or from its being carried. It only means that we representa- tives of Federal Governments cannot take any official part in that.
Sir JOSEPH WARD: I will give you my reason in one sentence, but there are many others I could give why I think this resolution should be put
William Robson.)
RECIPROCITY AS
TO SURVEYORS.