Murder (Abolition of Death Penalty) Bill (Committee Stage)

Part of the debate – in the House of Commons at 12:00 am on 18 March 1965.

Alert me about debates like this

Photo of Sir Hugh Munro-Lucas-Tooth Sir Hugh Munro-Lucas-Tooth , Hendon South 12:00, 18 March 1965

I hesitate to follow the hon. Member for South Ayrshire (Mr. Emrys Hughes), as I have never been a member of the Scottish Grand Committee. Even after his invitation, I do not think that I should be very willing to accept it. The Motion touches the very basis of our Constitution. I am not referring to the particular subject matter of the Motion, the Bill for the abolition of the death penalty. I mean that the procedure that the Motion proposes is of great constitutional importance.

I voted for the Second Reading of the Bill, but I am strongly opposed to this Motion. I assure the sponsors of the Bill that I have no intention of doing as I did when a similar Bill came before the House, moving Amendments which nearly divided the House. Indeed, in Committee one of them was carried. Even if such Amendments are moved when the Bill comes again to Committee, it would be my intention not to support them.

Let me say at once, however, that I do not regard the Bill as a popular one. Therefore, there is certainly no particular advantage for those who support the Bill in wishing to have more discussion about it or, indeed, that that discussion should receive more publicity. It is probably true to say—and this will be generally agreed in all parts of the House—that it is, on the whole, embarrassing to us to support the Bill. That is not least so among some of my hon. Friends who have somewhat narrow majorities.

For my part, I want to see the Bill passed, and passed quickly. I hope that nobody will be so silly as to vote for the Motion on the ground that it is necessary to do so to get the Bill. The Bill can be passed whether or not the Motion is passed. Even if we reject it today, the Government will certainly have to find other means of getting the Bill through.

I shall vote against the Motion for two reasons. First, I wish to protest against the Government's attitude to the Bill. However much I wish the Bill to be passed, I regard the attitude of the Government as both cowardly and unseemly. I think that it was Pope who said of Addison that he was Willing to wound, and yet afraid to strike". The Government's attitude is even lower: they are willing to spare, and yet afraid to act. It is quite improper for the Government, on such a Measure as the Bill involved in the Motion, to seek to hide behind the hon Member for Nelson and Colne (Mr. Sydney Silverman).

The Bill does not involve any party issues. It has great moral content. I think that it was right for the Government, in considering their attitude to such a Measure as this, to be guided by opinion both inside and outside this House. I made no complaint, and I make no complaint now, that the Government allowed a free vote on their side on the Second Reading of the Bill—that seems to me to be quite right; but once they have done that, they should take their responsibility.

The Government of the day are responsible for law and order. That is the very first responsibility of the Government. The Bill in question touches at the very heart and centre of law and order. It is a matter of which the Government have washed their hands. But it having been decided that a Measure of this sort should be passed, the Government should have made themselves responsible. I believe that they know that that is true. They know that they are responsible in this matter.

One of the most urgent questions that will arise as a result of the abolition of the death penalty is what is to be done by those who are not executed as a result of the passing of the Bill. Whatever their views on the merits of the Measure, hon. Members will, I think, agree that that is an extremely important question. It is not a question which the Government can leave to the hon. Member for Nelson and Colne or to anyone else.

Therefore, it is the responsibility of the Government to deal with this matter on their own responsibility. Their actions now a7e the worst piece of back-seat driving I have even seen. It is the failure of the Government to take proper responsibility for the Bill that has brought about t le need for the Motion now. They have only themselves to thank for the position in which we find ourselves. The pretence that a Measure such as this can be a Private Member's Bill is nothing more nor less than a scandal.

Having said that and made my protest, I want to give another reason why I think that the Motion should be rejected. To my mind, it violates constitutional propriety. It is said commonly that we have an unwritten Constitution, and, indeed, most of us take pride in this. That statement is not simply an empty quirk. It is not a peculiarity of which we boast, but it contains a principle on which rests our whole democratic system.

When we say that we have no written Constitution, that does not mean that we have no set of basic rules governing the way that we make and alter our law, nor does it mean that we have a set of rules but that they are not written down. We have a set of rules, and they are to be found in writing in various books and elsewhere.

What the saying means is that the essence of our Constitution is not to be found in Statutes, but that Parliament, and, in particular, the House of Commons, can change the rules for making and altering our laws by a simple majority of this House and that that majority can be carried by one single vote. The rules of procedure of this House are the only thing which protects our freedom as subjects in this country. It is this principle which is the special character of our Constitution and the very basis of our system. It is a system which I will defend to the limit, even when my political opponents are on the benches opposite and even when they have a mere majority of four. It is right that it should be so. It is right that we in this House should be able to decide by simple resolution the way in which our laws are to be dealt with. It would be intolerable if we were to restrict that right in any way.

If, however, our Constitution is to be free in that sense, it is of vital importance that that freedom should not be abused. For many years, our procedure in this House has been respected by all hon. Members and by the two main political parties.

Of course, our procedure has been changed, and is constantly in need of revision and modernisation. If it were not so, it would be dead and useless, but the changes which have been made so far have all been made after full and fair discussion between the parties. I challenge any hon. Member to point to any change in our procedure which has been made without full and proper discussion. I am not saying for a moment that the changes have always been made after agreement between the parties. That is not always possible, but there should at least be proper discussion, and it is not until such discussion has taken place that changes should be made.

Today, we have a Motion which has been put down by the Government relating to an aspect of procedure which is so important that, by Resolution, it has been referred to a Select Committee. The Motion was put down by the Government without any discussion between the parties, and at extremely short notice—I think two days ago. It is entirely novel in spirit.