§ 65. Mr. McGOVERNasked the Secretary of State for Scotland if he has reviewed the evidence in the recent bribery trial in Glasgow High Court; and if he is able now to announce the setting up of a judicial inquiry?
§ 66. Mr. LEONARDasked the Secretary of State for Scotland if, in view of the resolutions he has received from the Glasgow Labour party and other public bodies supporting the request of the Glasgow Corporation for a committee of inquiry to investigate the allegations of graft now prevalent, he is now prepared to make a pronouncement as to the Government's decision?
§ Sir G. COLLINSWith regard to these questions I propose, with Mr. Speaker's permission, to make a statement at the end of Questions.
§ At the end of Questions—
§ Sir G. COLLINSI desire, with your permission, Sir, to read a statement to the House, and I apologise for its length. I have given careful consideration, in consultation with my right hon. Friend the Lord Advocate, to the matter re- 1346 ferred to in the questions put to me by the hon. Members for Shettleston (Mr. McGovern) and St. Rollox (Mr. Leonard), which has also been the subject of representations to me by the Corporation of Glasgow and by other bodies. The proposal is that certain allegations of corruption in connection with the administration of affairs by the Corporation of Glasgow should be inquired into by a tribunal appointed under the Tribunals of Inquiry (Evidence) Act, 1921. As hon. Members are no doubt aware, the Act referred to requires that the subject of inquiry must be a definite matter of urgent public importance. When a similar question relating to Glasgow was before the Government in 1930, it was then decided that the allegations were not sufficiently definite to warrant procedure under the Act.
In view, however, of the recent criminal proceedings, and the disclosures in connection therewith, I think, and my right hon. Friend the Lord Advocate so advises me, that the circumstances are now materially different and there is now a matter sufficiently definite to fall within the scope of the Act and to be susceptible of investigation by a tribunal set up under it. I therefore propose, at any early date, to take the steps necessary to set up such a tribunal which will necessitate the passing of resolutions in this House and in another place. The tribunal, of course, must be dependent upon the evidence laid before it, and I would take this opportunity of expressing very strongly that a public duty rests upon those who are in a position to give evidence relevant to the subject of inquiry to tender such evidence to the tribunal. In this connection and for the information of those who may be concerned, I would point out that, under the provisions of the Tribunals of Inquiry (Evidence) Act, 1921, a witness before any such tribunal is entitled to the same immunities and privileges as it he were a witness before the High Court or the Court of Session. That means that the witness enjoys an absolute privilege in giving evidence so that he cannot be subjected to any action of damages for slander in respect of any statement made by him in the witness box in the course of his evidence which is relevant to the subject matter of the inquiry, and also that he is not bound in the witness box to answer any question tending to in- 1347 criminate himself. With regard to this last point, I am authorised by my right hon. Friend the Lord Advocate to say that, in the circumstances of the present case and with a view to removing any obstacle to the fullest investigation of the matters to be referred, he feels justified in intimating that any person, other than a member of the Corporation of Glasgow, who gives evidence before the tribunal, which may involve an admission that he has committed or been implicated in any way in a criminal offence relating to the matters being investigated, will not be prosecuted for such criminal offence but will be regarded as being in the same position as a person who has been called as King's evidence by the Crown in a criminal trial. That means that, by the giving of such evidence the witness will automatically be discharged from all liability to prosecution.
§ Mr. LEONARDMay I ask the right hon. Gentleman if the field of this inquiry will be sufficiently extensive as to go outside the terms of the Resolution passed by the Corporation limiting the inquiry simply to the matter?
§ Sir G. COLLINSMy hon. Friend will see the terms of reference to this tribunal when they are on the Order Paper.
§ Mr. McGOVERNWhile thanking the right hon. Gentleman for his very full statement, I would ask him if he can give us some indication at this moment as to the composition of this tribunal and as to where the sittings of the tribunal will take place?
§ Sir G. COLLINSI am at present considering the composition of this Committee, and it may take a little time to set up. In all probability, this Committee will sit in Glasgow, but the specific place is not yet settled.
§ Mr. McGOVERNCan the right hon. Gentleman answer as to whether the sittings will be private or public?
§ Sir G. COLLINSThat, I think, would be best left to the judgment of the Committee which we shall set up.