HC Deb 19 November 1940 vol 365 cc1825-6
67. Mr. Stokes

asked the Home Secretary whether the recommendations of the Advisory Committee are made known to any person detained under Section 18B as soon as received from the advisory committee; and whether, in the case of continued detention, the person concerned is allowed to know the reason for that decision?

Mr. Peake

Every person is informed of my right hon. Friend's decision as soon as it has been reached. The report of the Advisory Committee is a confidential report for the information of the Home Secretary. It is not communicated to the person who is detained. A copy of the Home Secretary's order for detention is given to the person concerned at the time of his arrest and he subsequently receives from the Chairman of the Committee sufficient particulars of the case against him to leave him under no misapprehension as to the reasons for his detention. It will be appreciated that persons detained under Defence Regulation 18B are not charged with specific offences against the law. Where there is evidence of such offences, proceedings are instituted in the courts.

Mr. Stokes

Are we to understand that these persons are not told the reasons for their continued detention? Does the hon. Gentleman consider it in accordance with British justice that they should be detained indefinitely without having their case heard in open court?

Mr. Peake

Where continued detention is ordered by the Home Secretary, it is perfectly clear that the reasons for the continued detention are the same as the reasons for the original detention.

Mr. Stokes

In view of the fact that these people have appealed and have had their case heard and are not told the reason, does the hon. Gentleman still think it fair to continue to have them detained without giving them specific reasons why the detention is recommended?

Mr. Peake

The report of the Committee is of an advisory character, and it is the Home Secretary's decision which is final. The reasons for the detention are given to the detainee before the hearing of his case by the Committee, and, if continued detention is ordered, it is clear that the reasons are the same as those for the original order.

Mr. Stokes

Is the hon. Gentleman aware that some of the reasons for which they have been detained are utterly frivolous?

Mr. Speaker

rose—

Mr. Stokes

I beg to give notice that I will raise the matter on the Adjournment.