49. Brigadier Clarkeasked the Attorney-General if he will prosecute Mr. Jack Gaster for giving treasonable comfort to the enemy during his visit to Chinese prison camps where British prisoners of war were held captive.
§ 50. Mr. J. R. H. Hutchisonasked the Attorney-General whether his attention has been called to the treasonable activities of certain British nationals, as revealed in the Ministry of Defence Paper on the Treatment of British Prisoners of War in Korea; and what proceedings he proposes to institute.
§ 51. Mr. Nicholsonasked the Attorney-General whether he will give instructions for proceedings to be taken against Mr. Alan Winnington, Mr. Michael Shapiro, Mr. Jack Gaster, and Mrs. Monica Felton for treason.
§ 52 and 53. Mr. Dainesasked the Attorney-General (1) what action he proposes to take against Mr. Alan Winnington of the "Daily Worker," a report of whose treasonable activities appears in page 26 of the Ministry of Defence statement of treatment of British prisoners of war in Korea;
(2) what action he proposes to take against Michael Shapiro of the "Daily Worker," a report of whose treasonable activities appears on page 27 of the Ministry of Defence statement on British prisoners of war.
§ 54. Major Beamishasked the Attorney-General if he will institute proceedings in regard to the treasonable activities of the employees of the "Daily Worker" disclosed in the report on the treatment of prisoners of war in Korea.
§ 55. Lieut.-Colonel Bromley-Davenportasked the Attorney-General whether he will give instructions for proceedings to be taken against Mr. Alan Winnington, Mr. Michael Shapiro, Mr. Jack Gaster, and Mrs. Monica Felton for treason.
§ The Attorney-GeneralAccording to the information in my possession, neither Mr. Alan Winnington nor Mr. Michael Shapiro is now resident within the jurisdiction. If either of them returns to this country I shall, of course, carefully consider the question whether criminal proceedings should be instituted; but no such question arises at present. With regard to Mr. Jack Gaster and Mrs. Monica Felton, the facts disclosed in the; statement do not, in my opinion, suffice to justify a prosecution.
Brigadier ClarkeWould the Attorney-General not agree that Gaster behaved in a thoroughly traitorous manner? Will he see that people who go outside this country are not allowed to get away with this sort of behaviour by staying away, and that he will treat them as traitors and hang them when they come back?
§ Mr. DainesIn the case of the two individuals named in my Questions, is the right hon. and learned Gentleman satisfied that he has legal power to take proceedings against them? Does he recognise that if the cold war goes on we may get a repeat of this type of conduct? May I call attention to the fact that at the end of the last war men were hanged for lesser crimes than these people have committed?
§ The Attorney-GeneralIn regard to the two gentlemen—the two men—mentioned by the hon. Gentleman, I have nothing to add to the answer which I gave to him. I said in my answer that if they return to this country, I shall, of course, carefully consider the question whether criminal proceedings should be instituted.
§ Mr. HutchisonDoes the Attorney-General realise the depth of the abhorrence of the people of this country at the cruel, callous, cynical conduct, not only of the Communists but of these British, Commonwealth so-called "visitors," and their behaviour? Does he think that the fact that the campaign in Korea was waged and carried out by the United Nations makes any difference to the legislative powers which he has? If so, will 33 he take steps to examine whether the gap cannot be closed?
§ The Attorney-GeneralThe answer to the first part of the supplementary question is "Yes, Sir." The answer to the second part is that amending legislation is a matter for the Home Secretary.
§ Mr. NicholsonIs it not true that had similar conduct occurred during the war with Germany, if not prosecutions for treason, then at any rate proceedings under Defence Regulations, would have been taken? Is not this the sort of anomaly which prevents the law from being held in the high respect it should be? Will my right hon. and learned Friend take steps to remove that anomaly, and will he see that no such crowning insult recurs as that which took place a few weeks ago when Mrs. Felton appeared on television?
§ The Attorney-GeneralOf course, I have no responsibility for the latter event. With regard to the other supplementary question my hon. Friend asked, I should not like it to be assumed that if Winnington or Shapiro returned to this country the arm of the law would be too short to reach them.
§ Lieut.-Colonel Bromley-DavenportCan a traitor to this country sink much lower in furthering enemy aims than play on the feelings of heart-broken parents whose children have died fighting for their country? Was this not done by Mrs. Monica Shelton—[HON. MEMBERS: "Felton."]—or Felton, or whatever her name is? If she cannot be deported, will my right hon. and learned Friend give an assurance to this House that he will not give her employment at the taxpayers' expense, as was done by the Socialist Government?
§ Mr. PagetIs it not clear that, so far as treason is concerned, no treason is committed by giving aid and comfort to the enemies of the United Nations, and will the right hon. and learned Gentleman give us some assurance that legislation will be introduced to fill this obvious gap?
§ The Attorney-GeneralThe right hon. and learned Gentleman the Member for St. Helens (Sir H. Shawcross), when he was my predecessor in office, three times expressed the opinion that the Treason Act would apply to the Korean conflict.
§ Sir F. MedlicottIs my right hon. and learned Friend aware that Mr. Winnington, in the campaign itself, consorted continuously with the enemy, and in his despatches to the "Daily Worker" accused British and American troops of savagery and cowardice? Is there not some way in which at least the publication of such scurrilous attacks on our fellow countrymen in the "Daily Worker" can be prevented?
§ Mr. S. SilvermanIn view of the undesirability of condemning people in advance of proceedings and upon anonymous evidence, will the right hon. and learned Gentleman say what opportunity was given, if any, to the named persons to comment on the allegations made against them before their names were used in this publication in this way? Having regard to the extremely important implications of the Questions and answers that have been given, and which are caused by this publication, will the right hon. and learned Gentleman consult the Leader of the House to see if time can be found for a proper debate on the subject?
§ The Attorney-GeneralWith regard to the first supplementary question, there appears to have been plenty of opportunity for comment in the columns of the "Daily Worker" since publication. With regard to the second part, I have no doubt that the Leader of the House has heard the suggestion.
§ Mr. TomneyDoes the right hon. and learned Gentleman not realise that there is a wider issue here, and that these were not only crimes against British soldiers and Commonwealth soldiers but crimes against humanity? Will this Government and this nation not give a lead in this continuing cold war to demonstrate that our standards of justice and our sense of righteousness will not be lightly surrendered to tyranny of this kind?
§ The Attorney-GeneralI am sure that the hon. Gentleman will appreciate that one cannot bring before a British court of justice someone who is outside the jurisdiction of our courts.
§ Colonel Crosthwaite-EyreIs my right hon. and learned Friend aware that much doubt is being cast upon what has been said about these visitors through the publication, in the "Daily Worker" particularly, of statements from people who 35 came from Camp 5, which was the main "progressive" camp? Would it not be as well now, so that the truth may be known, for the statements made in the Government paper to be authenticated by giving the names and descriptions of the people on whose evidence the statements are founded?
§ Mr. DainesArising out of the supplementary by my hon. Friend the Member for Nelson and Colne (Mr. S. Silverman), cannot the issue be put to the test by Winnington and Shapiro returning to this country and the jurisdiction of British law?
§ Mr. E. FletcherDoes the right hon. and learned Gentleman not think that the present law of treason is out of date in modern conditions? Will he bring his influence to bear so that legislation may be introduced to amend the existing law, and to provide for different penalties for different kinds of treason?
§ The Attorney-GeneralWith regard to the first part of the supplementary question, the conduct of Mrs. Felton and of Gaster did not suffice to warrant a prosecution. With regard to the other two named persons, it is perfectly apparent from the statement that has been published that their conduct was of a different character, and I would ask the hon. Gentleman not to assume that if they came within the jurisdiction a prosecution might not well be launched.
§ Mr. Gordon WalkerWould the right hon. and learned Gentleman answer the question of the hon. and gallant Gentleman the Member for the New Forest (Colonel Crosthwaite-Eyre) behind him, about whether the Government would consider publishing the names and addresses and so forth of the people concerned? Would he say also whether they have been approached about this matter, because it is of great importance?
§ The Attorney-GeneralI did not answer that question because it had been answered by the Minister of Defence on 3rd March.