CO885-(16-18) — Page 743

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 AND SURVEYORS,

(Sir Joseph Ward.)

tc

64

may for the time being be entitled to be called to the Bar should be favourably considered." I think, if I take their own words that should be acceptable.

L

*

Sir WILLIAM ROBSON: We have not that resolution before us.

Sir JOSEPH WARD: I move that.

Sir WILLIAM ROBSON: I do not think you are following this proposal. This suggestion of Sir Henry Lawrence is that: "any proposal for facilitating the call to the English Bar of Barristers, in any Colony or Dependency, upon terms analogous to those upon which English solicitors may for the "time being be entitled to be called to the Bar should be favourably considered." That is putting the Colonial upon the same footing as an English solicitor, but I rather understood your suggestion, Sir Joseph, to be that if you make provisions in the Colony, of the same kind as those which are applicable to English solicitors, then the Colonial solicitor, without submitting to the terms imposed upon an English solicitor here, by virtue of his admission in New Zealand would thereupon become entitled to admission of the Bar of England. That is rather a different proposal to Sir Henry Lawrence's.

says:

4

"

C

Sir JOSEPH WARD: The wording of Sir Henry Lawrence's second paragraph does not quite bear that out, if I may be allowed to say so; he "The Committee recommend that provided it is satisfactorily "established that the qualifications for admission as a barrister in any Colony are equivalent to those in this country, any proposal for facilitating the call to English Bar of Barristers in any Colony or Dependency upon terms analogous to those upon which English solicitors may for the time being be entitled to be called to the Bar should be favourably considered.” It does not say, as you suggest now, that if they have established the fact that their qualifications for admission as a barrister in any Colony are beyond all question, they should come home again and undergo a further examina- tion. He says: "provided it is established." There would be somebody on their behalf who would ascertain beyond all question that they were entitled to admission. It would not give a general right to anybody to come home and be entitled to admission here. I think, with that preface, to my resolution it might be, without any difficulties, accepted.

Mr. DEAKIN My position is precisely that of the Prime Minister of Canada; the Commonwealth, as such, has no jurisdiction over any portion of the Bar, except that portion which practises in the Commonwealth Court. But in the various States of Australia the qualifications for the Bar differ a good deal. In most of the States it is possible for a practitioner to be at the same time a barrister and a solicitor, although in practice in certain states, even where that exists, the two are divided except in country towns; but in New South Wales the English practice still exists, and the two branches of the profession are separate. The standards, so far as I am acquainted with the English, are very fairly high; in fact, owing to a rather curious conjunction of circumstances, when the professions were amalgamated in Victoria, the standard adopted was that previously in force in respect to the Bar. I believe that every practitioner in Victoria now qualifies himself for what is very nearly the degree of LL.B. before he is admitted as a barrister. The standard of a year or two ago, and I am not aware of any change since, was very high. I do not think Sir William Robson objects to any of the proposals for reciprocity, providing that the authorities here are satisfied-- that the training, the probation, and the tests are fairly equal.

65

Sir 'WILLIAM ROBSON: The difficulty would be to settle which Thirteenth Day. authorities are to be satisfied.

Mr. DEAKIN: You are the authorities to be satisfied as to your Bar.

Sir WILLIAM ROBSON: If the Conference pass a resolution, that is a matter which no doubt would have great weight; but, after all, the decision as to what qualifications are necessary is at present left to the Inns of Court for the English Bar and the Incorporated Law Society for solicitors. The English Bar has expressed its willingness in the document which is before me to consider favourably any proposal of which it would, of course, be itself the judge as to what the qualifications should be here and in the Colonies, and it would have itself to be the judge as to what conditions it should impose here.

These are matters really for the English Bar, and I think an assurance of that kind from the Inns of Court should really be sufficient, but it would look very much like a quasi-legislative step affecting the Inns of Court if they were told by this Conference that, according to a decision to which great weight should be attached, provision should be made throughout the Empire for reciprocal admission of barristers to practice. They would say:

"What about our authority? It is we who decide.”

Mr. DEAKIN: I thought Sir Joseph had put that aside.

Sir WILLIAM ROBSON: I should like to see Sir Joseph's amended resolution in some form in which it can be carefully considered, because I am sure his addendum-

Mr. DEAKIN: As I understand it is not an addendum; he takes the second paragraph of the report from the Sub-Treasurer to the four Inns of Court.

Sir WILLIAM ROBSON: Not in substitution for his resolution.

Sir JOSEPH WARD; I have no objection to substitute that formally. If I take the recommendation of the four Inns of Court I do not know that I can have any better authority.

Sir WILLIAM ROBSON: I should like to see the exact form of the resolution. What the report says is that it should he favourably considered and I do not think there would be any objection to that in substitution for the original proposal,

Mr. DEAKIN Am I not right, Sir Joseph, that you move sub-section 2 of this report possibly omitting the word "that "" Provided it is satis-

factorily established" right down to the last word.

服毒

Sir JOSEPH WARD: I move that.

Mr. DEAKIN: There is no objection to that.

Sir JOSEPH WARD: “Provided it is satisfactory established that the qualifications for admission as a barrister in any colony are equivalent to those in this country any proposal for facilitating the call to the English Bar of barristers in any colony or dependency upon terms analogous to those upon which English solicitors may for the time being be entitled to be called to the Bar should be favourably considered."

I 49146.

R

8 May 1907.

RECIPROCITY AS

TO BARRISTERS,