HC Deb 24 March 1932 vol 263 cc1178-80
9. Captain MOSS

asked the Home Secretary if he will reconsder the decision communicated to chief constables on the 27th May, 1929, whereby chief constables were authorised to demand a payment as a condition of permitting a police constable, who has witnessed an accident, to be interviewed and a note, proof, or precognition of his evidence to be taken with a view to tendering him as a witness in a civil claim for damages?

Sir H. SAMUEL

No, Sir; the amount of police time occupied by interviews of this nature fully justifies the making of a charge.

Mr. MACQUISTEN

Does the right hon. Gentleman not see how it injures the course of justice if a private citizen were not to do his duty unless paid in advance? If you were asked a question in the witness box and you demanded some money before you gave an answer, you would be discredited. Why should a policeman not do the duty of an ordinary citizen without being paid for it?

Sir H. SAMUEL

The police are not primarily concerned with civil litigation, and, if the private parties to civil proceedings require police evidence and take up the time of the police, it is right in the public interest that a fee should be paid. If in any particular case hardship is involved on account of poverty, the requirement of the fee is waived.

Mr. MACQUISTEN

Why should a policeman be different from the ordinary citizen? Is not his duty to testify to the truth greater than that of ordinary citizens?

Sir H. SAMUEL

Yes, if he is summoned as a witness undoubtedly he has to attend in the ordinary course, but for interviews beforehand with solicitors and so forth a public servant, such as a policeman, is entitled to be charged for in the interests of the public purse. I am not prepared to waive this fee.

Mr. MACQUISTEN

Would any sane person call a witness without knowing what he was going to say? It is a very important point in the interests of justice.

Mr. SPEAKER

We cannot fight it out now.

Mr. MACQUISTEN

I beg to give notice that, in view of the unsatisfactory answer, I propose to raise this matter on the Adjournment on the first possible occasion.