HC Deb 28 June 1926 vol 197 cc816-8
56. Mr. THURTLE

asked the Home Secretary whether the Cabinet consulted the Law Officers of the Crown on the question as to whether the general strike was illegal and unconstitutional?

Captain HACKING

So far as I am aware, the Law Officers were not formally consulted upon this point.

Mr. THURTLE

Can the hon. and gallant Gentleman tell us whether he is fully aware? He says "So far as I am aware." May we take that as being conclusive, or is it that his knowledge is only of a. restricted character?

Captain HACKING

The hon. Gentleman has just the same facilities as I have for listening to Cabinet discussions.

Mr. LANSBURY

On behalf of the Government will the hon. and gallant Gentleman tell us this afternoon whether the Ministers have any authority at all to say that the general strike was illegal and unconstitutional?

Captain HACKING

I have answered the question to the best of my ability. So far as I know, the Law Officers were not formally consulted.

Mr. LANSBURY

Is the Under-Secretary aware that at least half a dozen Ministers have declared that the strike was illegal and unconstitutional? What we want to know is, what was their authority for that statement, and whether the Attorney-General has given 'his opinion on the subject?

Captain HACKING

I cannot say whether the learned Attorney-General has given any opinion on the subject, but the Law Courts have already given a decision.

Mr. LANSBURY

That is not the question which I put to the Under-Secretary. The question was, what authority had Ministers to say that the general strike was unconstitutional? That point was not put to any Judge.

Captain HACKING

The question which I had to answer was whether the Cabinet consulted the Law Officers of the Crown, and I have answered that question.

Mr. THURTLE

Is the Under-Secretary aware that my question was not addressed to him, but to the Home Secretary?

Mr. SPEAKER

The answer is the official answer of the Home Secretary.

Mr. WESTWOOD

Why does the Under-Secretary state that he is only in the same position to hear Cabinet discussions as my hon. Friend who put the question, and then answer a question put to the Secretary of State?

Mr. SPEAKER

The second answer was in reply to a supplementary question.

Mr. J. JONES

When does it become legal for one body of workers to come out on strike and illegal for the great majority to come out on strike?

Mr. SPEAKER

That is another question.

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