HC Deb 25 July 1940 vol 363 cc964-6
27. Mr. Mander

asked the Home Secretary whether he will consider the advisability of holding consultations with various sections of opinion in this House with a view to amending Regulation 398 dealing with statements likely to cause alarm or despondency in the light of experience gained of its working?

Sir J. Anderson

I do not think I can usefully add anything to the statement on this subject which was made by my right hon. Friend the Prime Minister on Tuesday last.

Mr. Ammon

Does not the right hon. Gentleman realise that this Regulation is being carried out in a way which causes ridicule throughout the country, in view of the way in which many cases are dealt with, and does he not think that it would be better to try and amend it?

Sir J. Anderson

This matter was dealt with by my right hon. Friend.

Mr. Rhys Davies

Has it been brought to the notice of the right hon. Gentleman that many of these cases under the Regulation arise out of political prejudice?

Sir J. Anderson

I think the hon. Gentleman knows that I am at present undertaking a review of the cases.

34. Mr. Sorensen

asked the Home Secretary how many prosecutions have been instituted since the beginning of the war, respectively, for spreading rumours, for statements likely to cause alarm and despondency, and for speeches or the distribution of leaflets classified as insulting behaviour or likely to cause a breach of the peace; how many of these prosecutions have led to convictions and penalties of fine or imprisonment, respectively; and whether any kind of guidance has been, or will be, issued respecting the refusal of bail and the infliction of imprisonment without the alternative of a fine, particularly respecting the thoughtless but unmalicious acts of young and elderly people?

Sir J. Anderson

As regards proceedings for offences against Section 5 of the Public Order Act, 1936, no statistics are available, and to obtain the information asked for it would be necessary to call on all police forces for a return. I am reluctant to impose this additional burden on the police at a time when they are working under very severe pressure. As regards proceedings for offences against the Regulation of 11th June, dealing with statements calculated to cause alarm and despondency, the number of cases is 74. These cases are being examined for the purpose indicated by my right hon. Friend the Prime Minister in his statement on Tuesday last. In reply to the last part of the Question, no special guidance has been given to magistrates; but I know that the Director of Public Prosecutions has been careful to discriminate between cases which, in his opinion, could be met by a warning and those of a graver character.

Mr. Sorensen

Does the right hon. Gentleman not feel that it is desirable to send out some sort of recommendation, in view of the number of penalties that have been imposed of a decidedly vindictive and un-British character?

Sir J. Anderson

My Department proceeds always on the assumption that anything in the nature of directions to magistraates should be issued very sparingly. As regards the nature of the offences and the penalties that have been imposed, I think the hon. Gentleman should await the review which is now proposed.

Sir H. Williams

How many of the stories that have been spread to the effect that parachutists have come down have, in fact, been obtained from information in the documents of the Regional Commissioners?

Forward to