HC Deb 29 October 1906 vol 163 cc712-4
LORD R. CECIL

I beg to ask the Secretary of State for the Home Department whether he has considered the report of the proceedings in the case of Rex v. Fowler, what action he proposes to take to recompense Fowler for the injury and loss he has suffered by these proceedings; whether he will lay upon the Table of this House the correspondence in the matter which has passed, between the Solicitor to the Treasury and the Liberal election agent named Huckley; and whether he proposes to take any steps to prosecute any persons connected with this case for perjury.

I beg also to ask Mr. Attorney-General how many prosecutions have been instituted by the Director of Public Prosecutions for alleged offences against the Corrupt Practices Acts at the late general election; whether in any case the accused was alleged to have acted in the interests of a Liberal candidate; whether any of the prosecutions were successful; and whether any, and, if so, how many prosecutions of a similar character are pending.

SIR JOHN WALTON

said that in the case referred to in the first Question there vas a mass of evidence given on both ‡ See (4) Debates, clxii, 1333. sides, and the magistrates accepted that for the defence and dismissed the prosecution. The correspondence could not be produced as it was of a privileged character. As to the second Question, he was informed that six prosecutions had been instituted by the Director of Public Prosecutions for alleged offences against the Corrupt Practices Acts at the late general election, and that only in one case had the prosecution been attended with success. It was a very difficult matter to prosecute successfully in cases involving political feeling. He rather thought the Question cast some reflection on the Public Prosecutor; he would therefore like to say that immediately after the general election he gave instructions for prosecutions to be instituted in all cases where there was substantial evidence so as to vindicate the law. That had been done with the result he had mentioned. It was asked in how many of the cases the accused had acted in the interest of the Liberal candidates. His answer to that was that the Public Prosecutor was not a person who interested himself in the politics of the persons concerned.

LORD R. CECIL

May I ask whether in point of fact the prosecution in the case referred to in my Question was not abandoned practically at the dictation of Counsel for the Treasury? Did he not practically invite the magistrates to dismiss the case?

SIR JOHN WALTON

I believe he took the view that his case had practically broken down.

MR. CLAUDE HAY

Is it the habit of the Treasury Solicitor to employ Radical election agents to collect evidence for the Treasury in these cases?

SIR JOHN WALTON

The Public Prosecutor docs not concern himself with the politics of the gentlemen he employs, and I certainly have no such concern.

MR. CLAUDE HAY

But is it not a fact that the Radical election agent who assisted the hon. Member for Reigate was employed by the Treasury with a full knowledge of his occupation?

SIR JOHN WALTON

I have no knowledge of that.

LORD R. CECIL

May I as a matter of personal explanation say I did not intend to cast the slightest reflection on the Public Prosecutor?