HC Deb 19 December 1955 vol 547 cc1660-2
Lieut.-Colonel Lipton

I have to bring to your notice, Mr. Speaker, what are, in my respectful submission two prima facie cases of breach of Privilege. I have already brought one to your notice. I regret that time has not permitted me to bring the second one to your notice before now.

The first arises from the publication of a booklet by the British Medical Association entitled, "Homosexuality and Prostitution." The words of which I make complaint are contained in paragraph 28 of the publication, which reads as follows: Other ways in which male homosexuals arouse the hostility of the public include their alleged tendency to place their loyalty to one another above their loyalty to the institution or government they serve, and, on the part of homosexuals in positions of authority, to give preferential treatment to homosexuals or to require homosexual subjection as expedient for promotion. The existence of practising homosexuals in the Church, Parliament, Civil Service, Forces, Press, radio, stage and other institutions constitutes a special problem. I shall not detain you, Mr. Speaker, by quoting precedents which establish that the charging of Members with conduct rendering them unworthy to sit in Parliament is a breach of Privilege. In the present state of the law, whatever our views may be of possible future legislation in the matter, any assertion of the existence of practising homosexuals in Parliament must be regarded as serious.

On the difficult point of the timing of this submission, may I add that varying reports of the contents of this publication appeared, it is true, in the London morning papers last Friday. It was not possible, in the interests of complete accuracy, to make this submission at the opening of our proceedings that day without obtaining beforehand the actual booklet itself, which apparently was not generally available to the public at bookshops or bookstalls at the time when the varying Press reports appeared. It was, in fact, necessary for me to obtain a copy by application in person to the offices of the British Medical Association on Friday, which made it impossible for me to make this submission to you at the opening of our proceedings that day.

The second prima facie case of breach of Privilege arises—I apologise, Mr. Speaker, that I have not previously brought this to your notice—

Mr. Speaker

I think I had better deal with these matters one at a time. I do not know what the second case is. Perhaps I could deal with the first one first.

In these matters of Privilege, my duty is confined to seeing whether the conditions are fulfilled which are necessary to enable the hon. and gallant Member's complaint to get precedence over the Orders of the Day. One of these conditions is that the complaint must be made at the earliest possible moment. I have ascertained that the report of which the hon. and gallant Member complains was published on Wednesday, and extracts from it, including the passage complained of, certainly appeared in the Press on Friday morning. Therefore, by the rule, the hon. and gallant Gentleman ought to have produced it at the beginning of business on Friday in order to get precedence over the Orders of the Day. That does not, of course, in any way prevent him from putting down a Motion for the consideration of the House, which is the final guard of its own privileges.

Lieut.-Colonel Lipton

I thank you for that reply. Mr. Speaker. Might I now draw your attention to what in my submission constitutes the second prima facie case of breach of Privilege, which, as I have already indicated, I have not previously submitted to you? In the circumstances, you may wish to reserve such Ruling as you may desire to make upon the matter.

The words complained of in this case appeared in the People yesterday, Sunday, 18th December. This is, therefore, the first opportunity I have had of bringing the matter to your notice. The headline reads: Vice in Parliament. and the words complained of read as follow: Last night grave new disclosures were made by a famous doctor about vice in Parliament. They follow publication of a report on 'practising homosexuals' at Westminster. The doctors who reported last week on the existence of 'practising homosexuals' in Parliament knew of actual cases of homosexual members when they published their findings. This disclosure was made to the People yesterday by a well known psychiatrist who was a member of the special committee of the Council of the British Medical Association which issued the report. In the light of the words complained of, which I have read from the issue of the People published yesterday, I trust, Mr. Speaker, that you will find it possible, either now or at a later date, without prejudicing the issue, to rule that a prima facie case of breach of Privilege has been properly established, and that I may therefore move, "That the matter of the complaint be referred to the Committee of Privileges."

Extract from newspaper handed in.

Mr. Speaker

The hon. and gallant Member ought to have brought up the whole paper he has brought me only a piece of it. That being the case and as I have just heard of this and had no opportunity to study it, I will rule for the moment that the hon. and gallant Member has raised this particular matter at the earliest possible moment and I shall reserve what I have to say on it until tomorrow.