HC Deb 12 January 1977 vol 923 cc1433-5
Mrs. Hart

I beg to ask leave to move the Adjournment of the House, under Standing Order No. 9, for the purpose of discussing a specific and import ant matter that should have urgent consideration; namely, the need for the Home Secretary to fulfil today the commitment given to the House in 1971 by his predecessor by authorising his Advisory Panel to reveal to Mr. Philip Agee at once those particulars of the allegations against him which do not entail disclosure of sources of evidence. That the matter is urgent there can be no doubt. The Advisory Panel sat yesterday, is sitting today and is likely to conclude its hearings during tomorrow or at the latest on Friday. The urgency therefore is apparent to every hon. Member. It is a matter of public importance because it concerns the threat to natural justice which will be involved in the present proceedings if no further information can be made available to Mr. Agee about the charges made against him than he has so far been given.

During Report stage of the debates on the Immigration Bill, under which the present Advisory Panel has been set up to consider the cases of Mr. Agee and Mr. Hosenball, the then Home Secretary, the right hon. Member for Chipping Barnet (Mr. Maudling), gave a clear assurance to the House. Referring to cases brought on grounds of national security, he said: The person concerned is notified of the decision and he will be given by the Home Office such particulars of allegations as will not entail disclosure of sources of evidence."—[Official Report, 15th June 1971; Vol. 819, c. 376.] I understand that at yesterday's hearing—I have the best available transcript or quotation—Sir Derek Hilton, the Chairman of the Advisory Panel, addressing Mr. Agee's lawyer, said: We realise your difficulties and we have difficulties of our own. He went on to explain that he could not recommend that the proceedings be adjourned to give particulars. He said: It seems plain to us that Parliament recommended that these were political decisions of an executive character. It would be subject to Parliament. This is in the realm of politics. We do not believe we can do what you have asked us to do. The reason that this matter should be debated as a matter of urgency is that I do not believe that the Home Secretary is fulfilling the commitment given by his predecessor in debates on what became the Immigration Act. That commitment has not been modified by any subsequent statement, by any subsequent Home Secretary. Nor do I believe that it would be totally impossible to reveal to Mr. Agee or his lawyer some further particulars which would assist him in dealing with what are so far totally unknown charges without threatening the disclosure of sources of information.

Mr. Speaker

The right hon. Member for Lanark (Mrs. Hart) asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter that she thinks should have urgent consideration, namely, the need for the Home Secretary to fulfil today the commitment given to the House in 1971 by his predecessor by authorising his Advisory Panel to reveal to Mr. Philip Agee at once those particulars of the allegations against him which do not entail disclosure of sources of evidence". As the House knows, under Standing Order No. 9 I am directed to take into account the several factors set out in the Order but to give no reasons for my decision. I decide not on the importance of the matter but on whether it should take priority over the business of the House.

I have given careful consideration to the representations of the right hon. Lady, but I have to rule that her submission does not fall within the provisions of the Standing Order and that therefore I cannot submit her application to the House.