HC Deb 27 July 1938 vol 338 cc3093-4
40. Mr. Paling

asked the Secretary of State for the Colonies whether his attention has been called to the conduct of the Chief Justice of Gibraltar who, whilst sitting in court on 24th June last, made charges of breaches of the Carriage of Munitions to Spain Act, which proved afterwards to be unfounded, against a firm of shipowners who were not parties to the case before him; and whether he will consult with the Governor of Gibraltar, with a view to holding an inquiry into the matter?

Mr. M. MacDonald

I have seen a report of the case to which the hon. Member refers. The reply to the last part of the question is in the negative.

Mr. Paling

Is it not the fact that other cases in which this company is involved may come before the very judge who has made these comments; and is it fair or for the benefit of the administration of justice in Gibraltar that such a judge should try such cases?

Mr. MacDonald

It is no part of my duty to comment on the observations made by judges in carrying out their duties. With regard to the first part of the hon. Member's question, I am not aware of those facts, but I shall look into the matter.

Mr. Paling

If a judge makes such comments as were made in this case which were clearly unfounded—

Hon. Members

Order.

Mr. Speaker

The hon. Member must not make charges of that kind.

Mr. Wedgwood Benn

To which Member of the Government may questions be put as to the responsibility for allowing this baseless allegation to be made against this firm of shipowners?

Mr. MacDonald

I have been asked a question with regard to this matter and I have answered it. If there are other questions which hon. Members want to put down let them be put down and I will consider them.

Mr. Paling

Has the Minister himself considered very carefully the statements that have been made?

Mr. MacDonald

I have read the Press report and have considered that report very carefully.

Mr. Paling

Has the Minister not received a report—

Mr. Speaker

We cannot spend any more time on this question.