MR. CARINGTONasked Mr. Attorney General, Whether the accusations made by Mrs. Surr against the managers of the Saint Paul's Industrial Schools were substantiated; and, if they were, why no proceedings have been taken by the Public Prosecutor? Before his Question was answered, he wished to state that last Session he put a Question to the Home Secretary as to whether the Public Prosecutor intended to interfere 786 in a certain case. The right hon. and learned Gentleman suitably admonished him, and informed him that the initiative rested with the Attorney General. He had therefore put this Question to the Attorney General; but he had received a letter from the hon. and learned Gentleman saying that the Question should have been asked of the Home Secretary. He was not aware whether the right hon. and learned Gentleman was now prepared to answer the Question.
§ SIR WILLIAM HARCOURTSir, I am prepared to answer the Question. There has been some misapprehension as to the position of the Public Prosecutor. Anyone may refer any matter to him that it is thought ought to be dealt with criminally by the Public Prosecutor. He acts, however, not under the direction of the Home Office, but under that of the Attorney General. In this case I may tell my hon. Friend how the matter arose. A charge was made against the management of Saint Paul's School. There were two questions—first of all, whether the facts alleged would justify closing the school. That was an executive matter of discretion which I had to decide, and I decided that the school should be closed. Then there arose the further question, the legal question, whether the circumstances alleged justified and required a criminal prosecution. That was a question left to the Public Prosecutor, to exercise his independent judgment, upon a consideration of all the circumstances, and with all the information which he thought it necessary to have upon the matter. Having made that investigation, he reported to me that he did not consider it a case in which a criminal prosecution should be instituted. That is how the matter arose.
MR. CARINGTONMay I ask if the Public Prosecutor had any communication with Mrs. Surr upon the subject?
§ SIR WILLIAM HARCOURTI am unable to give an answer to that Question, as the proceedings of the Public Prosecutor are entirely independent of the Secretary of State.