§ THE EARL OF HALSBURY had the following Notice on the Paper:—To ask His Majesty's Government what provision is made in the Government programme far conveying by air bombs or other weapons of offence in quantities and in range sufficient to deal by way of reprisal with other countries, and whether, if any such aircraft is provided for in the Government programme, such aircraft comes within the class which to-day is universally known as "heavy bombers"; and to move for Papers.
VISCOUNT MERSEYMy Lords, before the noble Earl puts this Question I should like to raise a point of order. A few days ago the noble Earl put a Question of a somewhat similar nature and the Secretary of State in reply said that he could not answer it because to do so would be against public policy. On that occasion the speech in which the noble Earl put his question appeared to contain information which it might be very undesirable to disclose. Indeed, I am not at all sure that that speech could legitimately have been made outside the confines of this House. I should like, therefore, to ask the Secretary of State whether it is possible on this occasion to avoid a similar risk being run.
§ VISCOUNT SWINTONOn the point of order, my Lords, the answer is very plain, and I can give it in a very few sentences. The speech to which my noble friend Viscount Mersey has referred was a speech which purported to give particulars of various machines on a partly secret list. The legal position outside this House—and I speak on the highest legal authority I can obtain—is absolutely plain. There are three lists: a secret list, a part-publication list and an open list. No one is entitled to give particulars of performance, load and so on of machines on the part-publication list without the express authority of the Air Ministry. If a firm or a member of a firm gave such particulars, they would be liable to a prosecution under the Official 722 Secrets Act, and I am advised that it would be no defence whatever to such proceedings to show that the information given was in fact erroneous. The offence would be the giving of or the purporting to give information about these machines on the secret or on the partially secret list. The information, inaccurate in many respects, purported to be given by the noble Earl on the last occasion was in a number of respects information which, even though it were erroneous, if given by a firm outside would have rendered that firm liable to prosecution. That is the legal position.
§ THE EARL OF HALSBURYMy Lords, it is rather a novelty in your Lordships' House to ask, on a point of order, whether a Question can be put before anybody has put the Question. I have not asked the Question yet; I now propose to ask the Question.
§ THE MARQUESS OF SALISBURYMy Lords, I hope that your Lordships and my noble friend will allow me to say a word. This is a case in which the Secretary of State for Air has said upon his responsibility that the information which he fears is about to be disclosed would be against the country's interests; and I understand also that if the information to which he refers were disclosed outside this House it would render the person who disclosed it liable to a criminal prosecution. In those circumstances I would venture to make an appeal to my noble friend. The fear may be exaggerated, but let us not make your Lordships' House an arena in which doubtful matters of this kind shall be discussed.
§ THE MARQUESS OF SALISBURYWill my noble friend allow me, as a very old member of this House, to assure him that he will have sympathy in no part of the House if he proceeds with a Question of this kind when he has been told upon the authority and the responsibility of the Secretary of State that to do so would be a profound mistake in the interests of the country? I hope he will not proceed.
§ THE EARL OF HALSBURYMy Lords, it is absolutely impossible for me, after the appeal by the noble Marquess who has just addressed us, to pursue this Question. Obviously I could not. I have known and respected him so long—and 723 known him as the Leader of this House—that on a statement of that kind by him I could not possibly proceed with the Question that I proposed to put. There is, however, one thing that I should like to say, and which I think I am entitled to say, in answer to the noble Viscount the Secretary of State for Air, on a point which he mentioned just now. I think I am right in this; I am fairly certain I said it, and if I did not I will certainly say it now, because I meant to say it then. The information that I gave your Lordships was information which I did not get in this country at all: I got it from outside; I got it from my friends in other countries. I said last time—I know I said this—that I had always found that if I wanted to get information about our Air Force I could get it with greater expedition and greater accuracy abroad than in this country. My Lords, I will not pursue the Question.