§ 2. Mr. Marloweasked the Attorney General whether he will give his reasons for forming the opinion that no prima facie case exists against Mr. Horner for his recent speech, in view of the fact that it is a criminal offence to threaten force, violence or restraint, or to use any fraudulent device for the purpose of influencing elections.
§ The Solicitor-GeneralMy right hon. and learned Friend has considered this matter and, as appears from his reply on 23rd July to a question from the hon. and learned Member, he is satisfied that there is no prima facie case for prosecution. The reasons for my right hon. and learned Friend's conclusion are entirely matters of law for him to decide.
MarloweDoes the hon. and learned Gentleman realise that this speech has caused very considerable apprehension and concern in the country due to the fact that it strikes at our democratic institutions and our constitution, and that greater weight and authority appears to have been given to the speech by reason of the fact that the Secretary of State for the Colonies was on the platform when this was said and did not deny it? Does not the hon. and learned Gentleman think that, in those circumstances, an explanation ought to be given? Otherwise, people will remain extremely concerned as to why no action is taken?
§ The Solicitor-GeneralThere may be good political reasons for putting the Question. The legal answer is the one I have already given.
§ Mrs. Jean MannDoes not my hon. and learned Friend consider that threat of force were used in the Leader of the Opposition's "Gestapo speech" in 1945?
§ Sir Waldron SmithersAs America and Australia are prosecuting and getting convictions against Communist traitors, why cannot we do the same thing in this country?
§ Lieut.-Colonel LiptonWill my hon. and learned Friend give an assurance that he will not, as a result of Parliamentary Questions of this kind, seek to bring political influence to bear upon the 925 Director of Public Prosecutions in the discharge of that official's important duties?
§ The Solicitor-GeneralMy right hon. and learned Friend comes to his conclusions on legal grounds, and legal grounds alone.
§ Mr. Manningham-BullerWill the Solicitor-General do what he can to see that the law is observed?
§ The Solicitor-GeneralI do not know whether the hon. and learned Gentleman is taking it upon himself to suggest that there is a prima facie case here.
§ Mr. Manningham-Buller indicated dissent.
§ The Solicitor-GeneralI am glad to see that he is not. In that case, I fail to understand the point of the question.
§ Mr. Manningham-BullerI put the question in view of the previous supplementary question put to the hon. and learned Gentleman. I take it that he and his right hon. and learned Friend will, naturally, fulfil their duty to see that the law is observed?
§ The Solicitor-GeneralI am very glad that, at any rate, it has elucidated the concurrence of the hon. and learned Gentleman that there is no prima facie case.
§ Mr. MarloweDoes the Solicitor-General realise that freedom of speech in this country depends upon the observation of a certain code, of which the Corrupt and Illegal Practices Prevention Act is part?
§ The Solicitor-GeneralYes, certainly. I should have thought that, for that reason among others, it would be a perfectly good reason for not bringing a prosecution in this case.