HC Deb 20 May 1936 vol 312 c1337

Lords Amendment: In page 27, line 10, after the second "person," insert knowingly or recklessly."

11.37 p.m.

Mr. ELLIOT

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is quite clear on the face of it. It was desired by the Lords to put the onus upon the prosecution rather than on the defendant, where it was before.

11.38 p.m.

Mr. ALEXANDER

On this Amendment I feel that it is always in the interests of good legislation to put the onus of proof upon the prosecution and not always upon the person who is charged. We accept that principle, but the inclusion of the word "recklessly" in the Clause seems to be entirely another matter. As it was understood that we were not to keep the House tonight, and as I do not wish to break any agreement, especially as some hon. Members may have gone away, we do not wish to divide the House on this matter; but I wish to register a protest that this must not be taken as a precedent. We strongly object to the inclusion of the word "recklessly" in this connection, and we hope it will not be regarded as a precedent in future legislation.

Remaining Lords Amendment agreed to.