HC Deb 02 April 1947 vol 435 cc2037-8
Mr. Driberg

(by Private Notice) asked the Secretary of State for War if he is aware that his action in instituting disciplinary proceedings against an officer, whose name has been communicated to him, solely on the basis of a letter from this officer forwarded by the hon. Member for Maldon is a breach of the customary privilege attaching to communications between M.Ps. and their constituents, and to representations, made by hon. Members on their constituents behalf, and if he will forthwith cancel any proceedings which may have been instituted against this officer.

The Financial Secretary to the War Office (Mr. John Freeman)

There has been some misunderstanding about this case, and I am sorry if my right hon. Friend's letter was not completely clear. The facts are as follow: My hon. Friend the Member for Maldon (Mr. Driberg) sent on a letter from an officer constituent to my right hon. Friend which contained a number of serious and scurrilous allegations against certain senior officers. All these allegations except one have been carefully investigated, and are undoubtedly without foundation. My hon. Friend has been informed of this in the letter in question. There remains one final allegation of a libellous character which cannot from its very nature be investigated without serious consequential effects on discipline. My right hon. Friend is not prepared to investigate this matter unless it is on the understanding that the officer making the allegation shall be punished in the event of the allegation proving to be unfounded. No disciplinary action has yet been taken, and none will be taken, unless the allegation is without foundation. The matter will not be investigated at all except on those terms. The right of the Serviceman to write to his M.P. is thus not in any way impaired, and indeed has not been challenged by my Department.

Mr. Driberg

Is my hon. Friend aware that that right, which has been restated by successive Governments in this House, surely loses much of its value unless it includes an implied guarantee of absolute immunity for the Serviceman concerned?

Mr. Freeman

I do not think that the House would feel that there can be absolute immunity in a matter of this kind. If an allegation is made, the officer or soldier who makes the allegation must abide by the natural consequences of investigation. We are endeavouring to maintain this right of the Serviceman with the greatest possible discretion, but it does require a certain amount of give and take on both sides.