§ 45 Colonel Gomme-Duncanasked the Prime Minister (1) for what periods Home Office records and papers relating to Scotland are still retained in England; and for what purpose;
(2) why papers and records relating to the General Assembly of the Church of Scotland for the period 1724–1808 are still retained in England; and when they will be returned to Scotland;
(3) why Scottish State papers subsequent to 1709 are still retained in England; and when they will be returned to Scotland.
§ The Prime Minister (Mr. Attlee)Certain records and papers in which Scotland has an interest, including those referred to by the hon. and gallant Member as relating to the General Assembly of the Church of Scotland, are preserved in England among the records of the Home Office, under the Public Record Office Acts, 1838 to 1898, save in so far as the Master of the Rolls, pursuant to the discretion conferred upon him by Section 5 (1) of the Public Records (Scotland) Act, 1937, may consent to the transmission to the Keeper of the Registers and Records of Scotland of such of them as relate exclusively or mainly to Scotland. I understand that the Master of the Rolls in the exercise of this statutory discretion has not thought it proper to give his consent to the transmission of some of these records to Scotland, as they form 1025 part of the Home Office records and he does not consider it right to break up departmental records which are always regarded as indivisible. In several cases where this objection does not apply, records have been transferred to Scotland.
§ Colonel Gomme-DuncanWhile thanking the right hon. Gentleman for his reply as far as I understood it, may I ask what possible interest to the Home Office the records of the General Assembly of the Church of Scotland could be; and is the right hon. Gentleman aware that it is now 621 years since England promised to give these documents back, and would not the right hon. Gentleman agree that even for a Government Department that is rather a long delay?
§ The Prime MinisterI must admire the anticipation of the people of Scotland who, apparently, asked somewhere about the year 1300 for the records of something that did not take place until 1724–1808. With regard to the interest of the Home Office, that Question obviously should be addressed to my right hon. Friend the Home Secretary. The fact of the matter is that by statute this matter is entirely in the discretion of the Master of the Rolls. I have no power whatever to interfere with his discretion.
§ Colonel Gomme-DuncanAs the Master of the Rolls is a purely English official, what has he to do with Scottish records?
§ Mr. Sydney SilvermanHaving regard to the large number of Conservative Governments that have ruled this country in the last 621 years, can my right hon. Friend explain how this matter has suddenly become urgent?