HC Deb 23 February 1956 vol 549 cc550-1
18 and 19. Mr. Hector Hughes

asked the Secretary of State for the Home Department (1) if he will state the principle and evidence on which he acted in assessing the compensation to be paid to Leonard Richard Emery, James Edward Powers, and Arthur Joseph Thompson, who were recently convicted of criminal offences and later pardoned, released from prison and awarded compensation by him;

(2) if, where a citizen is wrongly convicted and sentenced for the alleged commission of a criminal offence and later pardoned and awarded compensation by him, he will take steps to ensure that such compensation is assessed upon evidence adduced publicly instead of privately.

Major Lloyd-George

The payments made to the three men who have recently been pardoned were not compensation in the sense of damages, since it would be for the courts to assess the amount of damages if there were any question of wrongful arrest or false imprisonment. The payments were made ex gratia and not in discharge of any legal liability. I indicated in my reply to a Question by the hon. Member for Sunderland, North (Mr. F. Willey) on 26th January the principles and particulars which are taken into account in deciding what amount should be given. If the hon. and learned Member's suggestion is that ex gratia payments of this kind should be assessed by some public tribunal, then the answer is that I cannot accept that suggestion.

Mr. Hughes

Is the Minister aware that I am not suggesting that they should be ex gratia payments. I am suggesting that they should be compensation, and compensation as such for a wrong inflicted on people who are declared to be not guilty. Does the Minister realise that this involves a serious question of natural justice as well as a question of public finance? Is it not wrong that such compensation—call it compensation or an ex gratia payment as he likes—should be assessed secretly and the evidence not disclosed? Will the right hon. and gallant Gentleman see that such cases are submitted to an appropriate authority or tribunal in the future?

Major Lloyd-George

I am not sure what basis of compensation the hon. and learned Member has in mind. This is an ex gratia payment, based on a practice which has been in use for very many years.