HC Deb 30 May 1912 vol 38 cc1565-8
Mr. LANSBURY

asked the Attorney-General if he will state in how many cases, of prosecution for blasphemy and sedition counsel and solicitors have been employed to prosecute on behalf of the Crown; and the total cost to the Treasury of such, prosecutions?

Mr. McKENNA

In the hon. Member's question I find no limit of time, but to the best of my information the last prosecution for the publication of a seditious libel conducted by the Director of Public Prosecutions was in 1909. No prosecution for blasphemy has been conducted by the Director. If the hon. Member still desires to know the cost of two prosecutions for the publication of seditious libels which occurred respectively in July and September, 1909, the figures can doubtless be obtained.

Sir W. BYLES

Can the right hon. Gentleman hold out any prospect that these blasphemy laws can be absolutely and entirely wiped off the Statute Book?

Mr. LANSBURY

asked the Attorney-General if he is aware that many leaflets, pamphlets, and books written by the late Count Tolstoi are on public sale at many thousands of shops throughout the country; that millions of tracts are circulated each year; and that many of these publications contain denunciations of military life, and in some cases definite appeals to officers and soldiers not to obey orders when called upon to do so; and why no action is taken against both printers and publishers of this literature, seeing that Tom Mann, Guy Bowman, and others are being prosecuted and put in prison for publishing exactly the same kind of advice?

Mr. McKENNA

I cannot undertake to read all the publications mentioned, but if my hon. Friend will call my attention to any particular passages I shall be pleased to answer his question.

Mr. KEIR HARDIE

asked the Home Secretary whether he is now in a position to make any statement concerning the case of Mr. Tom Mann; and whether he is prepared, under all the circumstances of the case, to recommend His Majesty to extend the Royal clemency to Mr. Mann, and order his immediate release on the grounds that the sentence is out of all proportion to the gravity of the alleged offence of which he was found guilty?

Mr. McKENNA

On a careful examination of the notes in the Tom Mann case And after consultation with the Attorney-General, I have come to the conclusion that the object of the prosecution in connection with the publication of the "Open Letter to Soldiers" have now been attained. It has been made clear that all parties who make themselves responsible for such publication are guilty of a serious offence rendering them amenable to severe punishment. In the case of both Tom Man and Guy Bowman, the offence has been committed for the first time and in ignorance of its serious character. Now that the law has been established, I feel justified in recommending a mitigation of their sentences in view of the fact that this is the first breach by the defendants of the provisions of a Statute under which it has not been necessary to prosecute for a very considerable period of time. I have decided to advise His Majesty, in the case of Guy Bowman who has served nearly two months, to release him forthwith, and in the case of Tom Mann, to reduce the sentence to two months.

Sir WILLIAM BYLES

May I ask the right hon. Gentleman whether he can see his way to release Mr. Tom Mann forthwith?

Mr. McKENNA

No, Sir.

Mr. CLYNES

May I ask the right hon. Gentleman whether he has any announcement to make as to the charges which have been made with reference to Unionist political leaders under somewhat similar circumstances?

Mr. SPEAKER

That does not arise out of the reply.

Mr. KEIR HARDIE

asked the Home Secretary whether Mr. Tom Mann is being treated as a first-class misdemeanant; and, if not, whether he will give instructions to the prison authorities that he be so treated?

Mr. McKENNA

I have already made a statement as to the reduction of sentence, but I do not propose to take any action in regard to the class to which the prisoner is committed.

Mr. KEIR HARDIE

May I ask whether this request is not following precedent, ancient and modern, with regard to political prisoners, and whether Tom Mann, who is a political offender, cannot be treated as a first-class misdemeanant?

Mr. McKENNA

The definition of a political prisoner is not easy to make. I know that the hon. Member had a Bill on the subject, but I think he will find on examination that the precedents would not justify Mr. Mann in seeking this treatment as to political prisoners.

Mr. LANSBURY

May I ask the right hon. Gentleman whether he has taken into account the fact that Dr. Jameson and other leaders in the raid in the Transvaal, which was, of course, a political offence, were treated as political prisoners and first-class misdemeanants, and whether, under these circumstances, he will at least put Tom Mann on the same footing as men who engaged in war and bloodshed?

Mr. McKENNA

I am afraid there is no analogy at all.

Mr. LANSBURY

Tom Mann is much more innocent.

Sir C. KINLOCH-COOKE

Is it not a fact that hon. Members below the Gangway brought all the facts given to-day to the notice of the Home Secretary some two months ago, and will he say why he did not then give the same answer as he has given to-day?

Mr. McKENNA

I do not know to what matter the hon. Gentleman refers.

Sir C. KINLOCH-COOKE

To Tom Mann.

Mr. McKENNA

The sentence in the case of Mr. Mann had not been given two months ago.