§ 68. Mr. Winnickasked the Attorney-General if he will make a statement on his policy on prosecuting civil servants for breaches of the Official Secrets Act.
§ The Attorney-GeneralI described the relevant considerations fully in my reply to the hon. Gentleman on 9 April this year.
§ Mr. WinnickIs the Attorney-General aware of the considerable disquiet over the action that he took involving a very senior civil servant? Is he further aware that when the case of Mr. Ponting is no longer sub judice he will be expected to come to the House and make a full statement justifying the action that he took?
§ The Attorney-GeneralIt would be impossible for anybody to be unaware of the considerable disquiet about my decision, since practically every newspaper and every radio and television broadcast on the subject has gone on and on about it. With the notable exception of the right hon. Member for South Down (Mr. Powell), it has all been one way. Of course the hon. Gentleman is right. Once the case has been disposed of I shall have to answer for my decision here, and I am not frightened to do it.
§ Sir William van StraubenzeeHaving had the advantage of watching my right hon. and learned Friend at work as Solicitor-General, am I correct in understanding that in this, as in other matters, his function is to make a judicial decision entirely independent of his membership of the Government? Does he agree that that task, however 411 difficult it may be, has been achieved by successive holders of his office from all political parties? Is he aware that many of us are quite satisfied that that is exactly what he has done in this case?
§ The Attorney-GeneralI am grateful to my hon. Friend. That policy was laid down shortly after the war by Sir Hartley Shawcross and I believe that it has been faithfully followed by all Law Officers since. The policy is clear and simple. It is to consider each case on its merits and to consider the public interest aspect of it. Official Secrets Act cases are no different from any others.