HC Deb 10 December 1934 vol 296 cc34-6
56. Sir W. DAVISON

asked the Home Secretary by what statutory authority he has directed the Postmaster-General to open private correspondence between this country and the Irish Free State and to abstract therefrom any Irish sweepstakes ticket which has been legally purchased by an individual residing in Great Britain for his own use and not for sale or distribution; and whether, in view of the assurances recently given by him as to the legality of an individual acting as above, he will withdraw any instructions in the matter which may have been given by him to the Postmaster-General?

57. Mr. PETHERICK

asked the Home Secretary, in view of the powers recognised by the Post Office Act, 1908, by which he can issue a warrant to the Postmaster-General authorising him to open letters, under what further Act of Parliament and under which section of such an Act he proposes to issue such warrants in respect of letters believed to contain tickets or applications for tickets in the Irish sweepstakes when the tickets are not known or not found to have been issued or applied for for the purpose of sale or distribution?

Captain CROOKSHANK

Although it is not an offence for a-person to purchase a ticket in a lottery for his own use, and not for sale or distribution, the publication in this country of advertisements relating to the Irish sweepstakes and the sale or distribution in this country of tickets in these lotteries by the promoters or their agents is illegal, and the use of the post cannot be allowed for this purpose. The powers under which the necessary action is taken are Common Law powers to which my right hon. Friend has already referred in reply to a question by my hon. Friend the Member for Penryn and Falmouth (Mr. Petherick) on the 5lh instant.

Sir W. DAVISON

Are not the Common Law powers powers of the Home Secretary to make a request to the Postmaster-General? Does the Home Secretary allege that he is entitled to direct the Postmaster-General to open private letters containing matter which is not illegal? Does not my hon. and gallant Friend think that that is an entire abuse of the secrecy of the post?

Captain CROOKSHANK

The powers under which my right hon. Friend would be acting have already been explained in the reply to which I have referred. The question of private correspondence is really to be answered by saying that a policy of non-interference altogether would be playing into the hands of lottery promoters, which is against the decision of this House during the last Session. I do not think that the question of private correspondence arises.

Sir W. DAVISON

Is my hon. and gallant Friend aware that letters addressed to a private individual getting a ticket for his own use are being opened, and that there is no question of forming a lottery cabal in this country?

Captain CROOKSHANK

No doubt people take different views as to what is private correspondence when they are dealing with lottery tickets.

Mr. CHURCHILL

Could we have a return or statement of the numbers of private letters which are being rummaged and opened in this way in His Majesty's mails?

Mr. PIKE

Will the Under-Secretary say whether the reply given to the recent question also applies to correspondence directed to or from syndicates or clubs established in this country?

Mr. McGOVERN

Is the hon. and gallant Gentleman aware that, when the recent decision was given by the Home Secretary that it was legal to purchase a ticket, I and my wife sent for a ticket each; and will he say whether, if the receipts or tickets, in a legal transaction, are sent to me, they are liable to be confiscated?

Captain CROOKSHANK

I think that that question has already been answered.

HON. MEMBERS

No!

Mr. McGOVERN

I have never heard the answer, and I have been very particular. Can the hon. and gallant Gentleman give us an answer to this simple question? Why all this evasion?

Captain CROOKSHANK

It has already been stated several times that it is illegal to send them through the post. The Assistant Postmaster-General replied to that question the other day in my hearing.

Mr. CHURCHILL

Would my hon. and gallant Friend kindly reply to the question I asked about the numbers of letters which are being opened in His Majesty's mails?

Captain CROOKSHANK

The right hon. Gentleman knows that that is not a question which can be replied to on the spur of the moment.

Mr. CHURCHILL

I will put a question down.

Mr. PETHERICK

Is it the case that the legislation which has just been passed is so obscure that it is necessary to go to the courts almost immediately to obtain an interpretation of it?