§ 82. Mr. JOWETTasked the Home Secretary if he is aware that on the 2nd March, 1915, the Attorney-General, speaking on behalf of the Government in a Debate on the Defence of the Realm Amendment Bill, gave the Committee of the House a definite assurance that the Government would not prosecute persons for statements of opinion, however foolish, but only for prejudicial and in jurious misstatements of fact; that, on the 7th November, 1916. the Public Prosecutor obtained the conviction of Mr. Arnold Lupton under the Defence of the Realm Act for publishing and circulating a pamphlet headed "What are we fighting for?" notwithstanding that no misstatement of fact was charged or alleged; that the prosecuting counsel's speech was merely critical of phraseology; and that no evidence was called to show that the pamphlet in any way contravened the Defence of the Realm Act or the Regulations; will he say if the defendant has 165 given notice of appeal; and, if so, whether, having regard to the assurance given for and on behalf of the Government, the Government will withdraw from the prosecution and ask the Appeal Court to allow the appeal?
Mr. SAMUELAs an appeal by Mr. Lupton is pending I can make no statement with regard to it, but I may say that I cannot accept either the hon. Member's version of the late Attorney-General's speech or his description of the pamphlet which was the subject of the prosecution.