§ 25 and 26. Mr. SAKLATVALAasked the Secretary of State for Scotland (1), on what grounds the police authorities in Greenock have refused to accept charges of assault against members of that force, arising out of the recent disturbances connected with the existing ban on outdoor meetings in that town;
(2), whether he will report to this House the situation now prevailing in Greenock; and under what existing powers the chief constable of that town has caused to be arrested for holding election meetings individuals acting as candidates and agent in the local elections now taking place?
§ Sir J. GILMOUROn the 25th and 26th September, wanton destruction of property took place in Greenock consequent on the holding of certain meetings on the public streets. Six men were committed to prison on a charge of mobbing and rioting. These men are at present on bail pending their trial. The magistrates in consequence directed the police to prevent the holding of meetings on the public streets. On 1st November a meeting assembled in West Blackhall Street. The police, in pursuance of the magistrates' direction, advised those assembled to disperse quietly, and requested the speaker, James 675 Shields, to desist. Shields, however, persisted in addressing the persons present, and was arrested on a charge of obstructing the police in the execution of their duty. There was some disorder while Shields was being taken to the police office, and two persons were arrested, and subsequently convicted in the Sheriff Court, on a, charge of forming part of a disorderly crowd and committing a breach of the peace. While the charge against Shields was being entered at the police office, a number of persons crowded into the charge room and complained of the action of the police in preventing the meeting at West Blackhall Street and arresting Shields. No specific charge of police assault on Shields was made, and Shields stated that he had no complaint to make in this respect.
§ Mr. SAKLATVALAI did not mean a charge of assault by Shields alone. When a charge of assault by other persons connected with the matter was being brought, why was not that allowed?
§ Sir J. GILMOURI am not aware of any such charge.
§ 32. Mr. MAXTONasked the Lord Advocate how many men are imprisoned arising out of trouble at public meetings in Greenock; what charge has been preferred against them; what are the reasons for the delay in bringing these men to trial; and if he will institute a full inquiry into the police administration in this town.
§ The LORD ADVOCATE (Mr. Watson)No men are now detained in prison in connection with the charges referred to by the hon. Member. A charge of mobbing and rioting has been brought against six men who were liberated on bail on Saturday. The charge will be tried by Sheriff and jury on indictment, the first diet having been fixed for 23rd November and the second for 6th December. A charge of obstructing the police is pending against another individual who has been released on bail. Two other individuals were convicted of breach of the peace on 9th November and fined. I am not aware that there has been any avoidable delay in bringing any of these cases to trial. I am not aware that I have any power to institute the 676 inquiry suggested in the last part of the question, even if I were satisfied that such inquiry was desirable.
§ Mr. MAXTONWhy were these men detained in prison without bail for six weeks and only liberated last Saturday? Can the right hon. Gentleman also tell us why the ban under which these men were imprisoned lasted during the period of the local elections and was withdrawn, and the men liberated, immediately the elections were over?
§ The LORD ADVOCATEThese men were arrested in the closing days of September, and on their being commited for trial on 5th October, and bail being refused by the Sheriff, they appealed to the High Court, and the High Court refused bail. At that time they offered no undertaking not to take part in disturbances in the street. Ultimately, they offered to give the undertaking, and on that undertaking they were liberated on bail. I instructed the Crown authorities that if that undertaking was given bail should not be opposed.
§ Mr. MAXTONIs it within the right hon. Gentleman's power to inquire as to whether it was legal for the local magistrate to ban meetings during the course of local elections?
§ The LORD ADVOCATEI am not fully familiar with all the circumstances, but there is some misunderstanding as to the right of the public to use the streets. It was laid down some time ago in the courts of law in Scotland that the primary use of streets is for passage, and the duty is on the magistrates to see that the streets are kept clear, and also to prevent any breach of the peace, or any likelihood of breach of the peace in the streets, and they have full power for that purpose.
§ Mr. MAXTONIs it not also the perfectly established practice in Scotland, as in England, that political parties have the right to hold open-air meetings in suitable places?
§ The LORD ADVOCATENo, on the contrary, there is no public right to hold meetings in the streets.
§ Mr. MACLEANIs it not the case that meetings were also banned in the Town Hall during the period of the municipal elections?
§ The LORD ADVOCATEI am not aware of it.
§ Mr. BUCHANANI beg to give notice that I intend to raise this question on the first possible opportunity.