HC Deb 15 June 1880 vol 253 cc70-2
MR. GORST

asked the Secretary of State for the Home Department, When ther he has now farther considered the Circular of the "Liberal Central Office" and Mr. Justice Lush's opinion that— It suggested to the partisans (of the Liberal Party) throughout the Country how they might violate the Law with comparative impunity and yet secure a safe majority; whether he has succeeded in discovering the persons who issued a Circular calculated and intended, in the learned Judge's opinion, to incite to a breach of the Law; and, whether, in view of the extent of the alleged incitement to break the Law, and the relations of the authors of the Circular to Her Majesty's Government, he intends to submit the case to the consideration of the Director of Public Prosecutions?

SIR WILLIAM HARCOURT

When the Act for the establishment of a Public Prosecutor was passed last Session, my Predecessor in Office pointed out—I think with great wisdom—the advantage of placing the responsibility for prosecutions undertaken by the Sate in the hands of "a permanent officer, who would be absolutely free from all political bias in his work." It will be obvious to the House that this consideration applies with peculiar force to dealing with cases arising out of election matters. The Act of last Session, and the regulations made under it for the creation of a Public Prosecutor, define his duty to be— The taking action in such class of cases as have hitherto been conducted by the Solicitor to the Treasury by order of the Secretary of State, and in other cases for the proper conducting of which, in his opinion, the ordinary mode of prosecution is insufficient. It seems to me that there is a great advantage in having in the Public Prosecutor an independent authority, to determine upon his own judgment on the action to be taken. First, generally, because it is not convenient that the Home Office, which has ultimately to revise sentences, should be the instigator of prosecutions; and, secondly, because it is desirable that the Executive Government of the day should be dissociated from judicial proceedings which may be supposed to involve political and Party questions. I have, therefore, before this case declined to interfere in all cases where I have been asked to institute prosecutions relating to bribery or other election matters. The proper course now is, when any person thinks that in any such case there is ground for criminal proceedings, and that the ordinary mode of prosecution is insufficient, he should bring the matter under the immediate cognizance of the Public Prosecutor, who will take such action upon it as, in his unfettered judgment, he deems fit and expedient.

MR. GORST

In consequence of the right hon. and learned Gentleman not having answered my second Question, I I shall on Thursday ask the right hon. Gentleman the Prime Minister, Whether, upon the Committee responsible for the issue of the Liberal Circular alluded to by Mr. Justice Lush, the names appear of the following Members of Her Majesty's present Government:—Sir William Vernon Harcourt, Lord Kensington, the Eight Hon. W. P. Adam, Sir Henry James, and the Marquess of Harrington?