Budget Disclosure Inquiry.

Part of the debate – in the House of Commons at on 11 June 1936.

Alert me about debates like this

Photo of Mr Donald Somervell Mr Donald Somervell , Crewe

I have been asked two or three questions which I shall try to deal with shortly at this stage of the Debate. The right hon. Gentleman the Member for West Stirling (Mr. T. Johnston) asked me whether I had considered proceedings for perjury against certain witnesses whose evidence was adversely commented upon and who were not believed by the Tribunal. I have considered that matter. The House will, of course, appreciate that it is one thing for a judge or tribunal to say, having heard conflicting witnesses, that they disbelieve particular witnesses, but it is quite a different thing to have evidence available which is likely to lead to a conviction for perjury. I have considered the comments made by the Tribunal on various witnesses very carefully and I am satisfied that there is no evidence which would justify proceedings of the kind suggested by the right hon. Gentleman. The hon. Member for West Fife (Mr. Gallacher) addressed some remarks to me but as I feel that the gap between our legal opinions is, if possible, even wider than that between our political opinions, it would be hopeless for me to attempt to bridge that gap in the time at my disposal.

I was asked two questions by the right hon. Gentleman the Leader of the Opposition. First, he asked what was my justification for stating yesterday that, in my opinion, for an offence under Section 2 (1) of the Official Secrets Act to be proved, the communication must be deliberate, and he pointed out that the word "deliberate" does not actually occur in that Section. It is, of course, the general basis of our criminal law that in order to establish an offence you must establish evil intent. It is true there are certain offences which have been made offences by Statute, in regard to which it has been held that evil intent is not a necessary ingredient. I am, however, completely satisfied that evil intent is a necessary ingredient in the offence created by Section 2 (1) of the Official Secrets Act, and that is my justification for what I said yesterday. The right hon. Gentleman also drew attention to what I said yesterday to the effect that the offence of receiving under Section 2 (2) of the Act could not be proved unless the evidence established as a condition precedent an offence under Section 2 (1). The right hon. Gentleman the Member for Caithness and Sutherland (Sir A. Sinclair) referred to the same point. That is my view of the Act as it stands, and if any hon. or right hon. Gentleman cares to look at it again he will find that in Section 2 (2) the relevant words are: If any person receives any … information knowing or having reasonable ground to believe at the time when he receives it, that the … information is communicated to him in contravention of this Act"— That I think supports the proposition which I made. I agree with the suggestion made by the right hon. Gentleman that it discloses a possible gap in the Act. That is to say, it leaves uncovered a case in which somebody gets possession, say of a document through the inadvertent omission or act of the person to whom it was entrusted—a case where someone, outside that area, gets possession of a document, realises that it is a secret document of which he ought not to be in possession, and proceeds either to communicate it to somebody else or to make improper use of it. I think there is a gap there. I do not want to state too categorically at the moment how far the gap goes or what would be the proper method of dealing with it, but I certainly give the House an undertaking that I will consider that position and see whether the law requires amendment in order to deal with that matter.