§ 22. Mr. NEIL MACLEANasked the Secretary for Scotland whether he is aware that the Watching and Lighting Committee of Kilmarnock decided, by eight votes to two votes, to recommend the town council to reinstate ex-Constables Hill and Moore; whether he is aware that the town clerk, after a visit to London, has informed the Watching and Lighting Committee that the Scottish Office takes up the position that it is illegal to reinstate these men; and upon what grounds, or Regulation, or Act of Parliament the Scottish Office has come to this decision?
§ Sir J. GILMOURThe answer to the first part of the question is in the negative. I have, however, received intimation to the effect that on the 14th instant the town council, having carefully considered the Report of the Tribunal, agreed by a majority to take no further action in the matter. The answer to the second part is also in the negative, but I understand that when the town clerk recently visited the Scottish Office it was pointed out to him that there appeared to be no way in which the town council could competently reinstate the constables. Regulation 7 (1) of the Police (Scotland) Regulations provides that a person dismissed from any police force shall not be eligible for appointment to a police force.
§ Mr. MACLEANIs the right hon. Gentleman not aware that the town council's decision was dependent upon a statement from the town clerk as to what the Scottish Office had said; and will he state whether, in the Regulation which he has quoted, there is any mention about the reinstatement of an officer being illegal? Does not that Section of the Regulation which he has quoted deal with new appointments and not with reinstatements, and is not this a case of reinstatement?
§ Mr. SULLIVANMay I remind the right hon. Gentleman of a statement he made in a recent Debate, that the public authorities in Scotland control the police?
§ Sir J. GILMOURThe standing joint committee control the police, but the actual appointments are made by the chief constable. With regard to the 1029 supplementary question of the lion. Member for Govan (Mr. Maclean), the Regulations are perfectly explicit on this point. A man dismissed from the force cannot be appointed to a police force.
§ Mr. MACLEANIs it not the case that the Regulation states that
A person dismissed from any such service or force shall not be eligible for appointment.Is not this a case where the Watching and Lighting Committee had actually recommended, by a substantial majority, the reinstatement of these men, and that because of the statement made by the Scottish Office to the town clerk some of those who voted for the reinstatement afterwards voted for taking no further action, as they thought it would be illegal in view of the advice given % I want a reply to that question.
§ Sir J. GILMOUROf course I have no knowledge as to what effect a statement to the town clerk by one of the officers of my Department had upon the decision. As far as my position is concerned, the Regulation is perfectly clear.
§ Mr. MACLEANNo, it is not
§ Mr. SPEAKERThe hon. Member put a very long Supplementary Question, and I cannot allow any more questions on this matter.
§ Mr. MACLEANMay I give notice that I shall ask for leave to move the Adjournment of the House, at the end of Questions, in order to discuss this matter?