§ 61. Mr. Silvermanasked the Home Secretary whether in order to remove out of the area of political and party controversy all questions of a judicial or quasi-judicial nature arising out of the administration of Defence Regulation 18B, he will introduce an amended Regulation to provide a judicial tribunal to hear appeals from his decisions either to detain or to release persons affected thereby?
Mr. MorrisonI would refer my hon. Friend to the reply given by my right hon. Friend the Prime Minister on 4th August to my hon. Friend the Member for Kirkdale (Sir R. Rankin), to which I have nothing to add.
§ Mr. SilvermanSince that answer was given, have we not had an example in the House of the undesirable results of leaving these questions to be dealt with on political grounds? Does the right hon. Gentleman not realise that if there is to be no appeal from his decisions except to this House, it is inevitable that those decisions will be dealt with in a political and not in a judicial spirit?
Mr. MorrisonThat may be true of some hon. Members of this House, but, generally speaking, I think the capacity of this House to approach a matter of this kind in a judicial spirit is one of the finest attributes of British Parliamentary life.
§ Mr. SilvermanIs it not totally impossible for any Member to approach a specific question in a judicial spirit if the Government Whips are on, and he is told in advance that the fate not merely of the particular issue but of the Government and of Ministers depends upon it?