HC Deb 16 July 1953 vol 517 cc2225-8
12. Mr. Willey

asked the Secretary of State for the Home Department if he will make available to hon. Members a copy of the transcript of the evidence and summing up in the case of Rex v. Timothy John Evans by placing it in the Library of the House of Commons.

Sir D. Maxwell Fyfe

The persons to whom copies of the transcript of the proceedings at the trial of any person on indictment may be supplied are prescribed by Section 16 of the Criminal Appeal Act, 1907, and Rule 5 of the Criminal Appeal Rules, 1908. They are the registrar for the use of the Court of Criminal Appeal, or any judge thereof; any interested party (which expression is narrowly defined); and the Secretary of State for his use.

It has never been the practice to place transcripts in the Library since the House has not regarded itself as competent to review the findings of a court, and I am anxious to avoid setting any precedent for which the law does not expressly provide. Nevertheless, I recognise that there are special features in this case and indeed a considerable part of the evidence has already been submitted to Parliament in appendices to Mr. Scott Henderson's Report. In these exceptional circumstances I have given directions that a copy of the transcript be placed in the Library.

Mr. Willey

Is the right hon. and learned Gentleman aware that his action will be greatly appreciated, because Mr. Scott Henderson came to his first conclusion directly on that transcript?

13. Mr. Willey

asked the Secretary of State for the Home Department if he will make available to hon. Members a copy of the transcript of the evidence taken before Mr. John Scott Henderson, Q.C., during his investigation of the cases of Regina v. Christie and Rex v. Evans, by placing it in the Library of the House of Commons.

Sir D. Maxwell Fyfe

For the reasons indicated in Mr. Scott Henderson's Report, his inquiry was held in private. I understand from him that some of the evidence which he received was given to him in confidence and that the transcript was made solely for his personal information. I am not, therefore, in a position to comply with this request. Certain relevant extracts from this evidence are, however, included in the Report.

Mr. Willey

Will the right hon. and learned Gentleman consider this matter on two grounds? First, this was an investigation into a conviction by a jury on evidence given in open court, and I think there is a general feeling that if reflection is to be made upon that conviction then the evidence on which the reflection is based should be also available. Secondly, without in any way reflecting upon the competence or integrity of Mr. Scott Henderson, may I ask whether the Home Secretary will reconsider this matter because in reading and studying the Report I personally felt that we ought to have the transcript of the evidence relating to the building workers who were at the place at the relevant time, and also that we ought to have it to see whether any evidence was taken to establish the time of the murder of Mrs. Evans?

Sir D. Maxwell Fyfe

When I announced to the House the conditions of the inquiry, two points were specially in my mind. One was that people should be encouraged to come forward and give evidence. That implies that in certain cases their coming forward and giving evidence must be treated as confidential. The second point was that the tribunal ought to be in a position to follow up rapidly any new lines which might develop. The hon. Member has put certain specific matters that obviously need to be looked at again. I will do that. I do not want to escape further cross-examination by misleading the House in any way, but I must inform the hon. Member that I attach importance to what I have already said.

Mr. S. Silverman

Is not the giving of evidence in a criminal inquiry a public duty which most citizens are ready to perform willingly and which the others are always compellable to perform? Will the Home Secretary bear in mind that a great deal of public anxiety still remains in this matter and that it would be a very great mistake to suppose that the chorus of approval contained in the leading articles of the newspapers really represents the voice of the people?

Sir D. Maxwell Fyfe

I would ask the hon. Member to bear in mind what I stated quite frankly to the House—the need to encourage people to come forward. In this class of matter it is often very difficult to get decent, ordinary people to come forward and expose their connection with things that have been given widespread publicity in a sinister way. I had that very much in mind. The hon. Member has expressed his view of the reaction of public opinion. I do not agree with it, but the House knows the strength with which the hon. Member holds his views and appreciates the reasons.

Mr. Willey

Without reflecting for a moment on what the right hon. and learned Gentleman has said, but in view of the public interest in this matter and the difficulty of pursuing this further by question and answer, I beg to give notice that on a more suitable occasion I may endeavour to raise it on the Adjournment.