HC Deb 16 March 1972 vol 833 cc756-8
Q1. Mr. Peter Archer

asked the Prime Minister whether he will establish machinery to ensure that the administrative practices and techniques sanctioned by Government Departments are in conformity with civil law and with the United Kingdom obligations in international law.

The Prime Minister (Mr. Edward Heath)

No, Sir. Departmental procedures are designed to this end; and the ultimate and best safeguard is the law itself.

Mr. Archer

But since it is clear from the Parker Report that practices sanctioned by the Government are at best of doubtful legality, and since the answer to this kind of problem, suggested last summer by my hon. and learned Friend the Member for Dulwich (Mr. S. C. Silkin) terminated when the debate was counted out on the initative of the Government Whips—in the middle of my speech—is there not some responsibility on the Prime Minister to suggest a safeguard?

The Prime Minister

As I have already said, the best safeguard is the law itself, to which the citizen can have resort. As for the Parker Committee, I have already announced the Government's clear decision on that matter. As for legality in Northern Ireland, the majority report reserved its view pending legal proceedings in Northern Ireland and I would not wish, therefore, to comment.

Mr. Tom Boardman

Is it not an essential condition of a free society that those in responsible positions shall uphold the law and support the lawful authority? Is it not therefore regrettable that right hon. and hon. Members opposite appear prepared to vote against that principle?

The Prime Minister

I agree with my hon. Friend's thesis and I hope that the House will always support it.

Mr. S. C Silkin

Is the right hon. Gentleman not aware that countries other than ours are increasingly using the kind of machinery to which my hon. and learned Friend the Member for Rowley Regis and Tipton (Mr. Peter Archer) referred? Will the right hon. Gentleman cease being complacent about this matter?

The Prime Minister

I am not in the least complacent about it, but neither the hon. and learned Member for Rowley Regis and Tipton (Mr. Peter Archer) nor the hon. and learned Member for Dulwich (Mr. S. C. Silkin) has given me evidence that any requirement of this kind exists. We have had the specific case of the circumstances under which the Parker Tribunal was set up. The very speedy action that I took was to set up the Tribunal. It carried out a very thorough inquiry and made its report, and we have acted on it. In the meantime, there are legal proceedings in the courts. That seems to us a satisfactory procedure.