HC Deb 02 March 1953 vol 512 cc4-7
7. Sir E. Keeling

asked the Attorney-General whether Her Majesty's Government will introduce legislation to authorise the amnesty for deserters.

The Attorney-General

No legislation is required for the amnesty of the military offence of desertion. As regards civil offences, the method of dealing with the matter is still under consideration.

Sir E. Keeling

Should not a Motion be put down to give effect to the amnesty? Does not the Bill of Rights, which is still on the Statute Book, say, and I quote the words: The pretended power of suspending laws or the execution of laws without the consent of Parliament is illegal"?

The Attorney-General

I can assure my hon. Friend that, so far as the military offence of desertion is concerned, there is no possibility of contravening the Bill of Rights. As for civil offences, that is another matter. Obviously it is desirable to avoid the necessity of legislation if possible, but it may not be possible.

Lieut.-Colonel Lipton

Were the Law Officers consulted about the wording and the content of the Prime Minister's amnesty statement before it was made, because it was not as clear as it might have been, hence the disappointing result so far.

The Attorney-General

The Law Officers are not consulted on the wording of statements. The Law Officers are consulted on matters of principle. I believe that the answer I have given is correct.

45. Mr. Emrys Hughes

asked the Prime Minister if he will recommend extending the amnesty granted to deserters to all men who deserted in the reign of King George VI.

The Prime Minister (Mr. Winston Churchill)

No, Sir. Desertion is a most serious crime in peace or war. However, to mark this Coronation year the Government thought it reasonable that an amnesty be granted to those who deserted during the war and have been living as fugitives for many years since hostilities ended. There would not in my view be any justification for extending this act of Royal clemency, in the manner proposed.

Mr. Hughes

Is the Prime Minister aware that the deserter who deserted in time of war is getting more favourable consideration than the man who deserted in time of peace?

The Prime Minister

He may conceivably have been under more stress.

Lieut.-Colonel Lipton

If the Prime Minister will not extend the amnesty, for reasons which we can well understand, will he at least take an early opportunity of clearing up some of the obscurities in his original amnesty statement which has, judged by the results so far, in one way failed of its purpose?

The Prime Minister

Its purpose was to relieve a considerable number of people from anxiety about their position in the country. It is quite true that it may take some time for them to adjust their affairs in accordance with the new clemency extended to them, and that is a point on which the House may from time to time seek further information.

Mr. H. Morrison

Referring to the supplementary question of my hon. and gallant Friend, could the Prime Minister say whether the advice of the Law Officers was received by him as to the terms or the principle of the statement which he made with regard to this matter?

The Prime Minister

My right hon. and learned Friend answered a Question earlier today on that subject.

Mr. Morrison

I know, but it was not a specific answer on that specific point, and the Prime Minister will, of course, know the answer. I am asking him whether the advice of the Law Officers was given or asked for as to the wording and the principle of the statement he made with regard to this amnesty.

The Prime Minister

I am not sure. It may well have been that it was not asked specifically on that point.