HC Deb 05 December 1934 vol 295 cc1588-9
55. Mr. PETHERICK

asked the Home Secretary whether, in the event of a person buying in Ireland a ticket for an Irish sweepstake returning to his residence in the United Kingdom and then winning a prize with that ticket, his prize money will be confiscated by the Government?

Sir J. GILMOUR

No, Sir.

56. Mr. PETHERICK

asked the Home Secretary under what Act of Parliament letters believed to contain tickets or applications for tickets for the Irish sweepstakes are opened by the Post Office; which officials in fact open such letters; and whether they are under the control of the Home Office or the Post Office; and whether he can make a statement to clarify the position?

Sir J. GILMOUR

The power is one existing at common law and has been repeatedly recognised by statute, the latest statute being the Post Office Act, 1908, Section 56. Letters are opened by Post Office officials in pursuance of directions issued to the Postmaster-General by the Secretary of State. In reply to the last part of the question I think that the practice is well known and it would not be in the public interest to make any detailed statement as to the measures adopted for the purpose of preventing the distribution of lottery matter in this country.

Mr. PETHERICK

Do I understand from my right hon. Friend's answer that the position is that, as it is a matter of common law, it is open to the Government to administer or not the law in respect to the opening of letters?

Sir J. GILMOUR

No, Sir. As I say, it is the duty of the Government to administer the law to the best of their ability.

Mr. McGOVERN

That is not saying very much.

57. Mr. PETHERICK

asked the Home Secretary whether it is proposed to confiscate moneys sent to buy tickets in the Irish sweepstakes and/or prizes won by ticket-holders; and, if so, to what account the moneys so confiscated are to be placed?

Sir J. GILMOUR

I would refer nay lion. Friend to Section 30 (3) of the Betting and Lotteries Act, 1934, which, of course, I have no authority to interpret. Coins and bank notes ordered by a court to be forfeited are paid to the Exchequer if the defendant has been convicted on indictment, and to local funds if the defendant has been convicted summarily.