SUBORDINATE COURTS BILL

Order for Second Reading read.

3.15 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Bill now before this House was drafted on the recommendation of the Chief Justice in consultation with the Attorney-General. The Bill fuses the jurisdictions of the lower courts in respect of civil and criminal matters. It provides, inter alia, for both civil and criminal jurisdictions to be exercised not only by District Courts but also by Magistrates' Courts. We shall thus no longer have the separation between Civil District Courts and Criminal District Courts as hitherto.

The civil jurisdiction of the District Court will also be raised to $5,000 with powers to award equitable remedies like an injunction or specific performance. This will effectively off-load a considerable amount of work that has previously been dealt with in the High Court. The jurisdiction of the Civil District Court is now $2,000, and the court has no power to grant equitable remedies. Any claim for more than $2,000 or an action praying for equitable remedies must be instituted in the High Court. Care, however, has been taken to ensure that this increase in jurisdiction will not deny a litigant the right to pursue his own claim without the aid of counsel. The Civil District Court has always been regarded as "a poor man's court" where he can pursue his claim with the aid of officials of the Court. With the increase in jurisdiction, provisions have necessarily been made for the making of new rules of procedure that would assist both counsel and the Court in arriving at a fair and proper decision.

Today, Magistrates' Courts deal solely with criminal matters. The Bill provides for Magistrates to hear civil cases where the claim or the value of the subject matter in dispute does not exceed $1,000.

The Bill, which has also received the consideration of the legal profession, will provide for more efficient administration in the lower courts. A central Registry to deal with all administrative work will also be set up.

The new system will further enable our District Judges and Magistrates to acquire a more varied experience, affording them opportunities to gain a rounded and more comprehensive training. The structure of our system of administration of justice is such that officers appointed to the judicial and legal service may be called upon to serve in capacities that would require them to assume the role of prosecutor, legal adviser to Government1 as well as that of Magistrate or District Judge, according to the exigencies of the service. An officer would, therefore, be given the same rounded experience both in the criminal as well as in the civil fields of law, whether he is a District Judge or Magistrate, in the Attorney-General's Chambers, the Official Assignee's Department or the Legal Aid Bureau.

The Bill also affords our subordinate courts greater powers to commit for contempt of court. Provisions relating to this are set out in no uncertain terms so that those administering the law will have adequate powers and authority to maintain at all times the dignity of the Courts.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed.