HC Deb 04 July 1928 vol 219 cc1378-80
57. Mr. JOHNSTON

asked the Lord Advocate whether he is aware that the Court of Session has ordered the liberation of two men from Harris, who had been imprisoned pending their appeal against a verdict given against them at Lochmaddy Sheriff Court for breach of interdict; whether he can say how long these men were illegally imprisoned; and whether it is proposed to offer them any compensation for such illegal imprisonment?

The LORD ADVOCATE (Mr. William Watson)

I would refer the hon. Member to the answer given yesterday by my right hon. Friend the Secretary of State for Scotland to the hon. Member for Govan (Mr. Maclean).

Mr. JOHNSTON

Is the right hon. and learned Gentleman aware that no answer given yesterday, either to the original question or to the supplementary questions, answered the specific point put in this question as to how long these men were illegally imprisoned?

The LORD ADVOCATE

I am not aware that they have been illegally imprisoned at all.

Mr. JOHNSTON

Cannot the right hon. and learned Gentleman, without evasion, say how long these men were kept in prison before the Court of Session ordered their release?

The LORD ADVOCATE

No; I have not that information, but if the hon. Member puts down a question, I will find it out.

Mr. JOHNSTON

Mr. Speaker, I ask for your guidance. I have specifically put that question. It was put yesterday in the House and debated, and it is specifically put on the Paper to-day.

Mr. SPEAKER

The right hon. and learned Gentleman cannot give more information than he has got. If he has not any further information, he cannot give it.

Mr. JOHNSTON

With deference, Sir, the right hon. and learned Gentleman is asked a specific question as to how long these men were kept in prison, and he-says that he has not the information.

Mr. SPEAKER

Then he cannot give it.

The LORD ADVOCATE

On the contrary, I said I was not aware that they had been illegally imprisoned at all.

Mr. MACLEAN

May I ask the right hon. and learned Gentleman whether, as the principal Law Officer of the Crown in Scotland, he really states to this House that he is not in possession of the facts of a case that has been raised by questions in this House during the past fortnight? Has he not interested himself sufficiently in this case to make inquiries? I am pressing for an answer, Mr. Speaker.

Mr. SPEAKER

That question does not arise out of the question on the Paper. The right hon. and learned Gentleman has given an answer and said that he has no further information to give.

Mr. SHINWELL

May I put this question——

Mr. MACLEAN

May I ask——

Mr. SPEAKER

We cannot have this continuation of supplementary questions.

Mr. MACLEAN

On a point of Order. We have been putting questions during the past fortnight relating to the case of the imprisonment of these two men. The Lord Advocate is the principal Law Officer of the Crown in Scotland, and we have asked him question after question relating to the legality of this imprisonment, and he comes here day after day and tells us that he is not bothering himself to find out. Is this to be continued?

Mr. SPEAKER

That is not a point of Order. The right hon. and learned Gentleman has given his reply, and, whether it satisfies the hon. Member or not, is another matter. He has already given a reply, and he can only give the information which he has got.

Mr. MACLEAN

I have always understood that the Speaker of this House protected the rights of private Members. There is a period during the time of this House that is set apart for questions to be addressed to the Government and answered by Members of the Government. As I have stated, we have been asking questions for two weeks upon this subject, and I am asking for your guidance now as to what steps we can take, as Members of this House, to insist upon the principal Law Officer of the Crown in Scotland giving us a reply to the questions which we have been putting during that period.

Mr. SPEAKER

It is quite true that there is a time set apart—practically an hour—for the asking of questions, but that period must not be abused. If there are too many supplementary questions, obviously it is being abused, because other hon. Members will not have an equal opportunity to have their questions answered.

Mr. MACLEAN

Is it not being abused by——

HON. MEMBERS

Order!