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2nd May 1958, Page 64
2nd May 1958
Page 64
Page 64, 2nd May 1958 — Transparent Paradox
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Which of the following most accurately describes the problem?

S0 far as licensing and appellate bodies in road transport are concerned, there is certainly no need for the extension of the benefit of free legal aid to persons appearing before them. An amendment to the Tribunals and Inquiries Bill to provide for free legal aid for people taking cases to administrative tribunals was proposed and withdrawn in the House of Lords, last week, after a surprising comment by Lord Lucas of Chilworth.

Coming from a supporter of nationalized industry, his words are worth quoting. "Now that there are so many public inquiries into actions by nationalized bodies, who, with the power of the public purse, can employ 'silks' and juniors to represent them, I do not think that the small objector stands a chance of getting what he thinks is justice," he said.

Clearly, a trained advocate will normally present a better case than one who has no forensic skill, but, on the whole, the Licensing Authorities, Traffic Commissioners, Transport Tribunal and inspectors appointed by the Minister of Transport to hear passenger-transport appeals are models of patience and solicitude. The utmost consideration is shown to applicants who have ignored the advice of licensing officials and have produced no evidence. Naturally their applications are refused, but usually they are given an indication of the kind of case that might succeed when properly presented.

The Transport Tribunal recently went so far as to hear an appeal in the appellant's absence because he said he could afford neither to be represented nor to attend. Free legal aid would be unlikely to have altered the Tribunal's decision to dismiss the appeal and would have placed a further burden on the overstrained public purse. The Tribunal were clearly going out of their . way to ensure that justice was seen to be done.

There may be occasions when their decisions are regarded askance, but only on account of their administration of the law. Never has it been suggested that the most humble party to an appeal did not have a fair hearing. The justice of hearings of passenger appeals has also never been questioned, although doubt has been cast on the wisdom and probity of placing appellate jurisdiction in a Minister who is required by law to oversee nationalized transport interests.

The combination of judicial and administrative functions in road transport licensing is a paradox that experience has shown to be largely illusory. It is to the great credit of those concerned in licensing that they have been able to reconcile so successfully seemingly opposite duties—to give justice to the individual, yet to uphold the intentions of Parliament on broad transport policy.

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