§ 63. Mr. NIELDasked the Home Secretary whether the officers of the Criminal Investigation Department are authorized by him to act, without specific instructions from the Home Office, upon the directions of the Foreign Trade Department; and whether, before proceedings by way of domiciliary search and seizure of property can take place or a search warrant applied for, there is any investigation by a duly-qualified legal official to ensure that there shall be no abuse of the extraordinary powers entrusted to the Executive Government by reason of the present state of war?
§ Sir G. CAVEIt is the duty of the police upon receiving information of any breach or suspected breach of the law to take the proper steps at once, and without obtaining specific instructions from the Home Office in every case. I am not aware that there has been any abuse by the police of their powers.
§ Mr. NIELDMay I point out that in the latter part of the question I ask in regard to the necessity of a search warrant, that some legal proceeding or some legal steps should be taken before this domiciliary search is undertaken?
§ 64. Mr. NIELDasked the Secretary of State for the Home Department whether Superintendent M'Carthy, of the Criminal Investigation Department, acted on the instructions of the Foreign Trade Department, or upon what other instructions, when he made entry without any search warrant or other apparent legal authority on the premises of Messrs. Mirner Brothers, Russian subjects, at 2, Charles Street, Hatton Garden, E.C., on 11th November last, and seized and removed twenty-one parcels of diamonds of the value of £4,500, and all papers and vouchers found on the premises; whether he is aware that no information was given as to the reasons for the seizure or of any kind for three weeks, and then only an allegation that the goods were alleged to be of enemy origin; and what justification 1620 is suggested for handing over executive powers from the Minister responsible to Parliament for the due execution of process in due form of law to a Trade Department over whose actions Parliament has no effective control?
§ Sir G. CAVESuperintendent M'Carthy acted on the instructions of his official superior, having received information that diamonds which had been illegally imported were on certain premises over a restaurant in Hatton Garden. This action was taken under the Diamonds (Prohibition of Import) Proclamation, 1915, and the Customs (War Powers) Act, 1915. Messrs. Mirner were informed of the reasons at the time. The diamonds which were found to be of enemy origin have since been formally seized by the Board of Customs and Messrs. Mirner have been so informed. The action of the police was not taken upon instructions from any Trade Department and the latter part of the question does not arise.
§ Mr. NIELDArising out of that answer, may I ask the right hon. Gentleman why it is that six weeks except two days have elapsed and no prosecution has taken place or been threatened, and whether or not he will say who the chief officer to Superintendent M 'Carthy is in connection with this matter?
§ Sir G. CAVEI do not propose to give the name of the chief officer. It has been found the diamonds were in fact of enemy origin, and no doubt any proceedings would be taken as soon as possible