§ 68. Sir K. WOODasked the Attorney-General if he proposes to take any action under the Official Secrets Act with reference to the publication in the "Daily Herald" newspaper of 23rd October of 1318 the contents of a confidential dispatch from the Viceroy to His Majesty's Government?
§ The LORD ADVOCATEI have been asked to reply. My hon. Friend has nothing to add to the answer which I gave to a similar question on the 30th of last month.
§ Sir K. WOODWhy has not a detective from Scotland Yard been sent to the "Daily Herald" office in the same way as the Attorney-General sent to the "Daily Chronicle" office not long ago?
§ The LORD ADVOCATEThe right hon. Gentleman is assuming, contrary to the facts, that the circumstances of the two cases are the same. In point of fact, they are vitally different.
§ Sir K. WOODHas the Attorney-General discovered how this leakage occurred and how it was that the "Daily Herald" was able to publish the contents of this dispatch?
The LO RD ADVOCATEThe Attorney-General has made the most careful investigation into the whole of the circumstances. The right hon. Gentleman does not appear to appreciate that, before you can take proceedings under the Official Secrets Act, there must, first of all, be a contravention of the Act.
§ Sir K. WOODHow has the Attorney-General found out all the circumstances of the case without sending for the Editor of the "Daily Herald" and cross-examining him?
§ 70. Sir N. GRATTAN-DOYLEasked the Attorney-General whether his attention has been called to the publication in a Sunday newspaper of a series of articles by a former high officer of the Metropolitan Police Force; whether he has considered the articles in relation to the Official Secrets Act; and Whether he proposes to take any action in the matter?
§ The LORD ADVOCATEI have been asked to reply. The answer to the first two parts of the question is in the affirmative. In reply to the last part of the question, my hon. Friend does not propose to take any action under the Official Secrets Act.
§ Mr. KNIGHTIs my right hon. Friend aware that this series of articles con- 1319 tains extensive references to this person's recent official duties, and will he reconsider the matter?
§ The LORD ADVOCATEAll I can say is that the matter has been very fully considered by my hon. Friend in consultation with other Departments. The fact that an official draws upon his official knowledge and experience in writing an article does not necessarily make him guilty of an offence under the Act. All the circumstances have been taken into account and, in this case, they have been very fully considered in consultation with the Home Office on the one hand and the Director of Public Prosecutions on the other.
§ Mr. KNIGHTAm I to understand my right hon. Friend to represent that the disclosure of confidential official information in connection with this man's duties would not constitute an offence under the Statute
§ The LORD ADVOCATEMy hon. Friend is not entitled to draw any such conclusion from my answer. What I pointed out was that the mere fact that the person draws on his official knowledge and experience does not necessarily make it an offence under the Act. The whole of the circumstances have to be considered, and they have been considered in this case.
§ Mr. MACQUISTENHas not the reason for confidentiality expired?