§ 65. Brigadier-General SPEARSasked the Home Secretary whether he is aware that on 14th July, at about 3.40 a.m., Flying-Officer Fitzpatrick was assaulted by police officers of the Criminal Investigation Department in Gillingham Street, S.W.1; that these officers refused to take this man to a police officer on point duty to verify their statement that they were Scotland Yard men and not car bandits, as from their manner he had feared; that they used violence to get him into a car: and that, when they got him to Rochester Row police station and discovered their suspicions as to his action in walking down a public street carrying his suitcase were unfounded, they abused him before letting him go; and whether, in view of the conduct of the police officers in this matter, he will state what action he proposes to take?
§ Sir J. GILMOURMy hon. and gallant Friend has already brought this case to my notice by letter. While I cannot entirely accept my hon. Friend's account of the incident, I would say at once how much the Commissioner of Police and I regret that it should have occurred. At 2590 the same time, plain clothes police officers patrolling the streets in the night hours have a difficult duty to perform: and when, as in this case, a man carrying a suit case tries to hurry away at their approach, it cannot be said that they have not reasonable ground for suspicion. [HON. MEMBERS: Oh !"] I am merely stating the fact that when a police officer is on patrol—[HoN. MEMBERS: "In plain clothes."] They informed Mr. Fitzpatrick they were police officers, the sergeant displayed his warrant card, and he was invited to inspect the official sign on the police car, but he nevertheless continued to struggle to get away-A HON. MEMBERS: "Hear, hear."]—and in the end he had to be taken on foot to the police station nearby. Not until then did he give the explanation which the police had full power to require. There were no police on point duty in the neighbourhood at that hour. No more force was used that was necessary to overcome his resistance, which was violent. In the station he was given a, seat and a drink of water for which he asked. [HON. MEMBERS: "Very kind."] It was also pointed out to him that there would have been no need to bring him to the station if he had given his explanation in the first instance in reply to the reasonable enquiry put to him by the sergeant. I see no occasion for further action in the matter, but the Commissioner of Police is quite ready to depute an officer to see Mr. Fitzpatrick if that would be of any help.
§ Brigadier-General SPEARSWhat evidence is there that Mr. Fitzpatrick hurried away at the approach of the police officers; and may I further ask how it comes that Mr. Fitzpatrick was not approached and questioned before the statement made by the Home Secretary to-day was submitted to the House?
§ Sir J. GILMOURAll I know of this case is that I received a letter from the hon. and gallant Member. I immediately called for a report. I have given him the fullest answer, after investigation, and I have no reason to suppose that had Mr. Fitzpatrick behaved in the way that most people would do when they were approached by a police officer, who informed him that he was a police officer and who produced his police pass—which is not without evidence that he is a police officer—had he shown any inclina- 2591 tion to give the reply which was necessary, none of this trouble need have occurred. I have expressed the regret of the Commissioner and of myself that this thing should have occurred, but I would beg the House to realise that police officers, particularly when on patrol duty in plain clothes, which is necessary, have to perform a very difficult task; and I trust that the House will realise, whatever sympathy they may have for the individual in a case like this, that it is undoubtedly within the rights of the police to act as they did. They gave the evidence which was required, and in my judgment there is nothing further to be said.
§ Mr. LANSBURYMay I ask the right hon. Gentleman whether he will tell the House why, when the case was brought to his notice, before arriving at the judgment that he has arrived at, no opportunity was given to the person treated in this way to appear either before himself or the Commissioner of Police?
§ Sir J. GILMOURI am not aware that the aggrieved party has asked to come before me. On the contrary, I have not been approached. All I know is that he was told at. the police station that this need not have occurred had he given the information, and I have expressed the regret of the Commissioner and myself that this should have happened.
§ Mr. LANSBURYThe right hon. Gentleman has missed the point of my question. He has given the House a judgment on this case which is an ex parte judgment. What reason can he give the House and the country why in the case of this man, who according to the statements that are made has been grossly, ill-used, before arriving at the decisive judgment he has arrived at, he did not ask the man to come to see him, or ask Lord Trenchard to see him? Why should the man himself ask to be seen? He did not know the right hon. Gentleman was going to make this statement that he has made here to-day.
§ Sir J. GILMOURI have investigated this case on the report—
§ Mr. LANSBURYThat is ex parte.
§ Sir J. GILMOURI have said that if this gentleman desires to see me—
§ Mr. LANSBURYNo, that is not my point. Why did you not do it before?
§ Sir J. GILMOURBecause I think there was no necessity.
§ Sir STAFFORD CRIPPSMay I ask the right hon. Gentleman whether he is accustomed to come to conclusions after hearing a case only from one side—whether that is the usual course adopted by him in making inquiries into matters of this sort?
§ Sir J. GILMOURWhen I receive a complaint from any quarter, of course I call for a report, and, having judged that report, I come to my conclusions.
§ Sir PERCY HARRISWill the right hon. Gentleman consider appointing a committee of inquiry to investigate this very serious matter, as it affects the life and liberty of individual citizens?
Captain BALFOURMay I ask the right hon. Gentleman if he is aware that the police twisted this young man's arms behind his back, so that they were black and blue after he arrived at the police station, and that, according to the statement made to my hon. and gallant Friend and to myself by this young man, there is a grave disparity of statements between the police version, on which the right hon. Gentleman has based his answer, and this young man's statement; and, in view of the very important principle involved—more important than in its applicability to this particular case—he will have the matter further investigated?
§ Sir J. GILMOURI have said that if this gentleman wishes the opportunity to see the Commissioner he will be perfectly ready to appoint an officer to see this gentleman. [HON. MEMBERS: "No !"] But beyond that I am not going to go.
§ Brigadier-General SPEARSIn the paper which I submitted to my right hon. Friend in the first instance it was said that this—
§ Brigadier-General SPEARSMay I move the Adjournment of the House to call attention to an urgent matter of public importance?
§ Mr. SPEAKERWill the hon. and gallant Gentleman submit that Motion to me at the end of Question Time?