HC Deb 12 July 1928 vol 219 cc2456-7
57. Mr. MACLEAN

asked the Lord Advocate whether, in view of the decision of the Lord Justice Clerk that the marking of the appeal of Neil Macdonald and Ewan Maclennan ought to have been regarded as suspending the procedure, and that the only warrant for their imprisonment was held up by the appeal, he will issue instructions to authorities responsible for the issue of warrants for imprisonment and direct their attention to this decision?

Captain BOWYER

My right hon. Friend is unable to accept the assumption on which the question is based, but if, when the appeal referred to is decided, it appears that any instructions by him are necessary, the matter will, of course, have his attention.

Mr. MACLEAN

The assumption on the part of the Minister for whom the hon. and gallant Gentleman is replying is entirely erroneous. Is the hon. and gallant Gentleman not aware that the Lord Advocate himself, in reply to a question this week, stated that the Lord Justice Clerk had sustained the appeal of these two men? Is he not confounding two appeals?

Mr. SPEAKER

The hon. Member is now giving information and not asking for it.

Mr. MACLEAN

I am not giving information. I am drawing attention to the fact that the Lord Advocate is either giving wrong information to the House or is under an erroneous impression with regard to the question put down. There are two appeals.

Mr. SPEAKER

The hon. Gentleman has answered that question.

Mr. MACLEAN

On a point of Order. I am speaking now as a Member of this House who is entitled to ask a question and whose right to ask questions is safeguarded and protected by Mr. Speaker. The Lord Advocate himself replied to a question of mine dealing with the appeal I am mentioning. The appeal which is still to be heard is a different appeal altogether. The Lord Advocate either knows it or ought to know it as the Chief Law Officer of the Crown in Scotland. It is because of that that I am asking the hon. and gallant Gentleman to take back to the Lord Advocate a request to answer the question that is down here on the Paper.

Captain BOWYER

I think there is a mistake, because my right hon. Friend assures me there has been no decision by the Lord Justice Clerk, and, further, that he has nothing to add to the answer he gave on 10th July.