HC Deb 10 August 1916 vol 85 cc1208-9
19. Sir JOHN JARDINE

asked the Secretary for Scotland, anent the trial and conviction of Mr. David Cockburn before Sheriff-substitute Baillie, in the Royal burgh of Jedburgh, and the fine of £15 imposed for an infraction of the Lighting Order No. 1 for failing to obscure sufficiently the light in his premises, whether any previous conviction or malice or atrocity or connivance with the enemy was charged, proved, or admitted; and whether the learned judge found any specific act to be a reason for the amount of the fine inflicted?

The SECRETARY for SCOTLAND (Mr. Tennant)

I would refer my hon. Friend to the statement made by my right hon. and learned Friend the Lord Advocate in the Debate on Scottish Estimates yesterday in this House.

Sir J. JARDINE

Will the right hon. Gentleman answer that part of the question as to what the circumstances were, and whether Sheriff-substitute Baillie found any specific act to justify such a tremendous fine? I want an answer to those two points.

Mr. TENNANT

My right hon. Friend the Lord Advocate dealt with those points in his speech yesterday.

Sir J. JARDINE

No.

Mr. TENNANT

I understand that he did.

Mr. PRINGLE

Is my right hon. Friend aware that the Attorney-General was only fined £1, while this poor man was fined £15?

Mr. OUTHWAITE

Is the right hon. Gentleman aware that in England and Wales these prosecutions are undertaken by the Home Office, and that the Under-Secretary for the Home Department was recently fined only 5s. for an offence such as this; and will he try to establish equality of treatment?

Mr. TENNANT

I am aware of all those circumstances, but the matter is entirely within the discretion of the Court.

Mr. HOGGE

Why is it that the Attorney-General is fined £1, and the Under-Secretary to the Home Office 5s., while this man in Jedburgh is fined £15?

Sir J. JARDINE

If the right hon. Gentleman will consider the information given as regards this specific case he will find that it was answered by the Lord Advocate yesterday by putting specific questions.

Mr. TENNANT

I will endeavour to get the information. I understand that the whole question was the subject of debate in the House yesterday, and that my right hon. Friend the Lord Advocate gave a specific answer.

HON. MEMBERS

And there was a Division upon it.