HC Deb 28 January 1943 vol 386 cc605-6
40. Mr. Ammon

asked the Home Secretary whether his attention has been called to the comments by Justices Charles and Humphries against the interference by the military authorities in setting aside judgments given by the civil courts; and in how many instances has 72 (1B) been invoked for such purpose?

Mr. H. Morrison

My hon. Friend is no doubt referring to a Press report of comments made by Mr. Justice Charles in a recent case at Worcester Assizes. The grave cases which come before assizes are of a different character from those in which use has been made of the special powers conferred on me by Defence Regulation 72 (1B). In the two years ended December, 1942, there have been 42 cases in which use has been made of these powers on the application of military authorities. In none of these cases was the disqualification imposed by an assize court. In one case it was imposed by a court of quarter sessions and in the remaining 41 cases by a court of summary jurisdiction. In the great majority of the cases the disqualification had been imposed for driving without a third-party insurance, in accordance with the requirement of the Road Traffic Act, 1930, that on a conviction for this offence disqualification shall be automatic unless the court finds special reasons to the contrary. In all these cases careful inquiry as to the circumstances is made, and a decision to remove the disqualification in advance of the date specified in a court's directions is only given if it is clear that there are good grounds for doing so in the interests of the war effort.

Mr. Ammon

What is the difference between the cases commented upon by Mr. Justice Charles and the assize cases? Are there many of those? Does it mean that the Department are interfering with decisions given by the courts?

Mr. Morrison

No, Sir. I honestly do not think there is any legitimate complaint about the Department interfering. Of course, we do not act unless the military authorities ask us to do so, and I am assured that the military authorities are really very careful about it.