§ Message received from the Commons requesting that their Lordships would be pleased to give leave to the Right Honourable the Earl of Derby, K.G., G.C.B., G.C.V.O., to attend to be examined as a witness before the Committee of Privileges appointed by them.
§ THE SECRETARY OF STATE FOR WAR (VISCOUNT HAILSHAM)My Lords, it will be perhaps for the convenience of your Lordships if I explain the meaning of the Message which has just been read at the Table. It appears that last week a Motion was made in another place by Mr. Winston Churchill in which he made certain charges with regard to tampering with witnesses who were appearing before a Joint Committee, and he moved that those charges be referred to the Committee of Privileges in another place. That Committee has since met and, as I understand, at their instance the Message which has just been read has been sent by the House of Commons asking the leave of this House to my noble friend the Earl of Derby to attend as a witness before that Committee. I understand that the noble Earl, who is in his 712 place, will presently express his own willingness to accede to that request, and I imagine that your Lordships' House will be only too anxious if he sees fit to allow him to render any assistance in the way of giving evidence which may be possible.
The position which gives rise to the present Message results from the Standing Orders of your Lordships' House. One of those Orders, No. LXIV, which I think dates back some 260 years, provides that:
No Lord shall either go down to the House of Commons or send his answer in writing, or appear by counsel to answer any accusation there, upon penalty of being committed to the custody of Black Rod, or to the Tower, during the pleasure of this House.My noble friend Lord Derby, being anxious to avoid those penalties, thought it right to communicate with the officials of your Lordships' House with regard to this matter. I propose to move in accordance with precedent that leave should be given to my noble friend Lord Derby to attend the Committee of Privileges in the House of Commons, pursuant to the Message of to-day's date, if he thinks fit. I presume that if that Resolution is passed a communication will be sent to the other House in accordance with its terms. I need hardly say that in passing this Motion we are consenting to the request which has been made to us that the noble Earl shall attend as a witness. It would be, of course, quite impossible and improper that there should be any attempt in another place to treat him as anything but a witness in the course of the proceedings which are taking place before the Committee of Privileges. I beg to move.
§ Moved, That leave be given to the Earl of Derby to attend to be examined as a witness before the Committee of Privileges appointed by the House of Commons, if he thinks fit.—(Viscount Hailshain.)
§ THE EARL OF DERBYMy Lords, I sincerely trust that your Lordships will assent to this request from the House of Commons. I certainly give my fullest assent to it personally.
§ On Question, Motion agreed to.
§ Ordered, That a Message be sent to the Commons to acquaint them therewith.