§ COLONEL HUGHES-HALLETT (Rochester)asked the Secretary of State for War, Whether his attention has been called to the judgment of the Lord Chief Justice of England, concurred in by the Hon. Mr. Justice Denman, in the case of "Armstrong and others," v. "Armit and others;" whether his attention has been called to those parts of the said judgment in which—
(a.) It has been held that it is a matter of National importance that the representative of a firm interested in the manufacture of ordnance should not have to examine guns on behalf of the Government for our National defences, (b.) That persons should not be allowed to occupy a double capacity, that is to say, that members of the Government Department that has to see that proper guns are supplied should not also be interested in the contracting Company who have obtained from the Government the right, privilege, and profit of manufacturing guns for our National defences;and, whether, in view of the foregoing judicial opinion, he will take steps to prevent manufacturers, or those in any way interested in firms contracting with the Government, from sitting either as members or associated members of the Ordnance or other Committee having 1175 for its object the recommendation for adoption in Her Majesty's Service of warlike or other stores supplied by said firms?
§ MR. WOODALL (Hanley)Before the right hon. Gentleman answers the Question, it will be convenient to ask him whether his attention has also been called to the fact that the Lord Chief Justice on the same occasion is reported to have spoken of the Ordnance Committee as having "to select particular firms to supply ordnance;" and, whether Lord Coleridge was accurate in assuming that any such function appertained to the Ordnance Committee?
§ THE SECRETARY OF STATE (Mr. W. H. SMITH) (Strand, Westminster)In answer to the hon. Gentleman opposite, my attention was not drawn to this particular paragraph in the judgment of the Lord Chief Justice; but I have no hesitation in saying that it is no part of the functions of the Ordnance Select Committee to select firms as contractors for the supply of ordnance or any ammunition or materials for the use of the Services. As a matter of fact they have no voice in the matter. I have, of course, seen the reports in the newspapers of the judgments of the Lord Chief Justice and Mr. Justice Denman to which the hon. and gallant Member refers; and I give my cordial assent to the general principles laid down by the learned Judges. They had, however, only a portion of the case before them, on which, as the hon. and gallant Member is aware, a trial is now pending; and it is my duty, therefore, to refrain from expressing any opinion, or of taking any action on the facts so far as they have been ascertained. I shall, however, be prepared to state on Votes 12 and 15 of the Army Estimates the circumstances under which my Predecessors in Office invited the assistance of Sir William Armstrong and Captain Noble, of the Armstrong Company, and Mr. Leece, and subsequently Mr. Gledhill, of the Whitworth Company, in considering designs for guns.