HC Deb 07 May 1926 vol 195 cc601-4
Mr. SPEAKER

I have to inform the House that I have received the following letters: Bow Street Police Court, W.C. 4th May, 1926. SIR, I have the honour to acquaint you that Mr. Shapurji Saklatvala, a Member of the House of Commons, has been arrested and brought before me this day under a warrant issued by me on the 3rd instant upon an information laid by the Director of Public Prosecutions against him as a disturber of the peace and an inciter of other persons to cause breaches of the peace and other offences who should be ordered to enter into his recognisances and further to find sureties for his future good behaviour. I have adjourned the further hearing of the case until Thursday, the 6th instant, at 2 p.m., and have agreed to admit the defendant to bail in the meantime on his own recognisances in £100 with two sureties in £100 each. I have the honour to be, Sir, Your obedient Servant, C. BIRON, Chief Magistrate. The Right Honourable The Speaker of the House of Commons. Bow Street Police Court, W.C. 6th May, 1926. SIR, Adverting to my letter of the 4th instant, I have the honour to inform you that I have this day committed Mr. Shapurji Saklatvala, Member of Parliament, to His Majesty's Prison at Wormwood Scrubs for making default in obeying an Order to enter into a recognisance in the sum of £500, with two sureties each in the sum of £250, to keep the peace and be of good behaviour towards His Majesty and all his liege people for the term of twelve months. The Order was made upon the proceedings instituted by the Director of Public Prosecutions, in respect of which Mr. Saklatvala was arrested as reported in my previous letter. Upon his making default in complying with the Order, I committed Mr. Saklatvala to the said Prison, in the Second Division, for the space of two months, unless he should sooner comply with the Order. I have the honour to be, Sir, Your obedient Servant, C. BIRON, Chief Magistrate. To the Right Honourable The Speaker of the House of Commons.

Mr. KIRKWOOD

Arising out of that letter which you have just read. I would like to ask you, Sir, if there is no way in which this House can protect its Members? When you have regard to the fact, Sir, that Saklatvala is a Member of this House, and not only that, but that he is a stranger within our gates—

Mr. SPEAKER

I can only take a point of Order; we cannot argue it. We must not argue the proceedings in a Court of Justice.

Mr. KIRKWOOD

My point of Order is this: Is there no way that this all-powerful House, the British House of Commons, can be big enough at this crisis, at this very serious moment—one of the most serious in the history of our country—is it not possible that this House of Commons could be big enough to step in and say that this Member of it is not to be interfered with in this manner because—

Mr. SPEAKER

A Member of this House is, with regard to the criminal law, in exactly the same position as any other person.

Mr. KIRKWOOD

But, Mr. Speaker, has a Member of this House not got privilege—

Mr. SPEAKER

No; the privilege of a Member of this House does not extend to covering any breach of the criminal law. That has often been laid down.

Mr. KIRKWOOD

But, Mr. Speaker, the man of least influence, the humblest Member who is in this House, from the Government's point of view, is the man whom they have arrested and imprisoned—

Mr. SPEAKER

Order, order! We cannot argue the matter. The Clerk will now proceed to read the Orders of the Day.