HC Deb 28 January 1943 vol 386 c602
34. Mr. Quintin Hogg

asked the Home Secretary whether he will give the name of the official whose conduct in intercepting a petition to the High Court was recently criticised by the King's Bench Division; whether any disciplinary action has been taken against this official; and what special instructions have been issued by his Department to give effect in future to the observations of the Court?

Mr. H. Morrison

I would refer my hon. Friend to the statement which I made on the 21st instant in reply to Questions by the hon. and gallant Member for East Leicester (Major Lyons) and the hon. and gallant Member for Penrith and Cocker-mouth (Colonel Dower).

Mr. Hogg

Is the right hon. Gentleman aware that the High Court stated that they had not the slightest idea why the Home Office should withhold the name of this official? What possible advantage can there be in preventing this official, like any other wrongdoer in this country, from getting the publicity which he deserves?

Mr. Morrison

I cannot remember everything the Court said, but, in fact, they did not require the name of this official. They did not exercise that power. I have stated to the House what I think is the proper constitutional position, namely, that it is the Minister who is responsible to Parliament. If his officers do wrong, then the Minister should take responsibility for them and receive the bricks which come at his head. I can assure the House that I take a few bricks with me back to the Home Office.

Mr. Hogg

Is it not a fact that apart from any constitutional liability to this House the result of withholding the name was to prevent this official from being attached for contempt of Court?

Mr. Morrison

I do not believe that is true.