HC Deb 22 February 1934 vol 286 cc491-2
17. Mr. ISAAC FOOT

asked the Home Secretary if his attention has been drawn to the remarks of Mr. Justice Swift at the Liverpool Assizes on Wednesday the 14th instant, when, upon the trial of a man charged with manslaughter who was alleged to have been under the influence of drink and unfit to drive a car, the Judge questioned the right of the police to call in the police surgeon to examine the accused man; and whether he proposes to reconsider the existing regulations governing police procedure in such cases?

Sir J. GILMOUR

I have seen Press reports of the remarks attributed to the learned Judge, but until I have ascertained the precise circumstances and have had an opportunity of considering them fully, I cannot say what action, if any, may be called for on my part.

Mr. FOOT

Is the right hon. Gentleman of opinion that if these remarks are applied to all cases of this kind the police throughout the country will be put into a position of grave difficulty?

Sir J. GILMOUR

Until I have heard all the circumstances I can express no opinion.

Mr. FOOT

May I put down a further question on the matter after the right hon. Gentleman has had an opportunity of considering the full circumstances?

Sir J. GILMOUR

Yes.

Mr. KIRKWO0D

Will the right hon. Gentleman consider the advisability of enforcing a rule that everyone who is going to drive a motor upon the streets of this country should be prohibited from having a smell of drink about them, just as is the case in regard to an engine driver on the railway?

Viscountess ASTOR

Does the right hon. Gentleman not think that he might have to go so far as to have a temperance test for Judges, if they make such decisions?

HON. MEMBERS

Withdraw!

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