HC Deb 06 March 1967 vol 742 cc1038-9
36. Sir Knox Cunningham

asked the Lord President of the Council if he will state the reason for refusing, under Section 4 of the Judicial Committee Act 1833, to ask the Judicial Committee of the Privy Council to consider the terms of the Charter of the Royal Shakespeare Company with a view to determining whether or not they are acting legally in producing the play "US" in London.

Mr. Crossman

The practice is to advise Her Majesty to refer to the Judicial Committee under this Section only cases of constitutional importance in which an advisory opinion is required by the Government or this House on a point which cannot be effectively decided in the ordinary courts. The issue raised by the hon. and learned Member satisfies none of these conditions.

Moreover, as my right hon. and learned Friend told the honourable and learned Member, in answer to a Question on 13th July last, in his view no infringement of the Charter had taken place. The Government therefore see no useful purpose in seeking an advisory opinion from the Judicial Committee on precisely the same question.

Sir Knox Cunningham

Would not the Lord President of the Council agree that the view of his right hon. and learned Friend is not necessarily the last word? Surely this is not a political, but purely a legal matter. Will not the right hon. Gentleman agree that whether or not a Royal company is in breach of its Royal Charter is sufficiently important to be decided by the Judicial Committee?

Mr. Crossman

No. I have given the hon. and learned Gentleman a full and detailed answer to his Question, and if he is not content he has to try to convince my right hon. and learned Friend that there has been a breach of the Charter grave enough to justify proceedings for forfeiture. So far he has failed to do it, but if he continues he might possibly succeed.

Mr. Hugh Jenkins

Is my right hon. Friend aware that his answer will receive widespread support and that there is little support in the country for the rather peculiar attitude of the hon. and learned Member for Antrim, South (Sir Knox Cunningham) in this matter?

Mr. Crossman

I appreciate what my hon. Friend has said. There are many people outside the House who will strongly agree with him.

Mrs. Gwyneth Dunwoody

Does not my right hon. Friend agree that this is a company of which we can be justly proud, as it sets a very high standard, and that any attempt to censor its choice of plays would be bitterly resented by the general public.

Mr. Crossman

I do not want to enter into that on the precise legal point which the hon. and learned Gentleman has raised and to which I have given a full and, I think, basically satisfactory answer.

Sir Knox Cunningham

Owing to the unsatisfactory nature of the reply, I beg to give notice that I shall raise the matter again at an early date.

Back to