HC Deb 01 April 1919 vol 114 cc1074-5
80. Mr. BOTTOMLEY

asked the First Lord of the Admiralty upon what principle his Department declines to publish the proceedings at the inquiry into the loss of the "Hampshire"?

Dr. MACNAMARA

I have endeavoured to state fully the grounds of justification for Admiralty policy respecting the non-publication of Reports of Courts of inquiry. As the answer is lengthy, perhaps my hon. Friend will allow me to circulate it in the OFFICIAL REPORT.

The following is the answer referred to:

The considerations which have influenced the Admiralty in refusing—as they always, have done—to publish the Reports of Courts of inquiry are as follows:—

A Court of inquiry is not a legal body, but is simply a means of enabling a senior officer to arrive at a correct conclusion on any matter upon which he requires to be thoroughly informed or upon which there may be a question whether it should form the subject of a court-martial.

It cannot examine on oath, nor compel the attendance of witnesses other than those belonging to the Naval Service. There is no prosecutor, nor is any person concerned in the inquiry allowed the assistance of a "friend" or professional adviser. Its procedure is not regulated by strict rules of law.

It cannot give a verdict or award a punishment, but can merely express an opinion or make recommendations to assist the senior officer (or the Admiralty) in arriving at a right conclusion on any matter.

My hon. Friend will realise that an inquiry of this kind may be of the greatest value in indicating what amount and quality of evidence is likely to be available in a case should judicial proceedings be instituted. It must, however, not be treated as if it were itself a judicial inquiry. My hon. Friend again will realise that the chief value of Courts of inquiry consists in the fact that they are not restricted by the ordinary rules of law and procedure; but this freedom can only be maintained by insisting on the almost informal character of these proceedings as aids to the authorities in making up their minds, and by denying to the findings of such Courts any final and intrinsic validity of their own.

In these circumstances, if it were decided to publish the findings of such Courts, the Admiralty would be bound in justice to the public and to individuals to change the whole scope and character of Courts of inquiry, and to make them into judicial bodies, thus destroying much of their usefulness.

Mr. BOTTOMLEY

That is without prejudice to my putting another question?

Dr. MACNAMARA

As far as I am concerned.