§ MR. E. ROBERTSON (DUNDEE)asked the Secretary of State for War. Whether (if he adheres to his determination not to propose a Commission of Inquiry into the conduct of the Ordnance Department on the evidence now before him) he will take the opinion of the Law Officers as to whether any of the published charges against the Department and its officers are libels, and punishable as such; and, whether, if the Law Officers answer this question in the affirmative, he will consider the propriety of instituting a prosecution?
§ THE SECRETARY OF STATE (Mr. W. H. SMITH) (Strand, Westminster)Having regard to the circumstances under which the documents have been communicated to me, I consider that it would not be proper for me to express any opinion whether the allegations are or are not libellous; or to instigate any prosecution in respect of them. I am informed that one action for libel is already pending; and should any libellous matter be published any persons concerned can pursue the ordinary remedies.
§ MR. E. ROBERTSONMy Question refers, not to the documents which have been confidentially communicated to the right hon. Gentleman, but to the published charges which have appeared in many newspapers affecting the Ordnance Department.
§ MR. W. H. SMITHI am advised that they do not constitute matter on which it would be possible for me to take any proceedings.
§ MR. E. ROBERTSONHas the right hon. Gentleman been advised that the public charges against the officers of the Ordnance Department, and not naming individuals, cannot be the subject of a criminal action?
§ MR. W. H. SMITHI have given my answer to the hon. Gentleman's Question, and I must leave him to interpret it as he thinks fit.