§ Order of the Day for the Third Reading read.
§ 4.37 p.m.
§ THE LORD CHANCELLOR (VISCOUNT SIMON)My Lords, in moving the Third Reading of this Bill I should like to say that on the Committee stage of the Bill no changes were made, and there was consequently no Report stage. A closer examination of its text has revealed two or three small imperfections which had better be changed before the Bill leaves your Lordships' House. They are hardly more than matters of drafting, and I think it is the practice of your Lordships' House, if such a case arises, to make these changes after the Third Reading has been adopted. I therefore beg to move now that the Bill be read a third time.
§ Moved, That the Bill be now read 3a.—(The Lord Chancellor.)
§ On Question, Bill read 3a.
§ Clause 2:
§ Proof in criminal proceedings of documents intercepted in post.
§ (2) In this Section—
- (a) the expression "authorised examiner" means a person authorised by or on behalf of His Majesty to examine postal packets which have been despatched by post;
- (b) the expression "authorised photographer" means a person authorised as aforesaid to photograph such postal packets as aforesaid;
- (c) the expression "competent officer" means a person holding any such appointment in any such Government Department concerned with the examination of postal packets as may be specified in an Order of His Majesty in Council;
§ THE LORD CHANCELLOR moved, in paragraph (a) of subsection (2), after "examine," to insert "(whether within or without the United Kingdom)." The noble and learned Viscount said: My Lords, the Amendments all have to do with Clause 2 of the Bill, and they are designed to make quite sure that the authority which that clause exercises 376 shall be available whether the letter or document which has been stopped in the post or by the censorship has been so stopped or examined inside the Kingdom or outside the Kingdom. The first three Amendments are really of a very similar character, but I think I had better none the less move them seriatim.
§
Amendment moved—
Page 3, line 4, after ("examine") insert ("(whether within or without the United Kingdom)")—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLOR moved, in paragraph (b) of subsection (2), after "photograph," to insert "(whether within or without the United Kingdom)."The noble and learned Viscount said: My Lords, this Amendment, in the same way, provides that if the photograph is taken outside the Kingdom the Act will apply just as if it had been taken inside the Kingdom.
§
Amendment moved—
Page 3, line 8, after ("photograph") insert ("(whether within or without the United Kingdom)").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLORMy Lords, I beg to move the next Amendment, in paragraph (c).
§
Amendment moved—
Page 3, line 10, leave out from ("appointment") to ("concerned") in line 11 and insert ("or office (whether within or without the United Kingdom)").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§
THE LORD CHANCELLOR moved to add to the clause:
(3) His Majesty may by Order in Council direct that the foregoing provisions of this section shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to the Isle of Man, any of the Channel Islands, any Colony, any British Protectorate, or any territory in respect of which a Mandate on behalf of the League of Nations has been accepted by His Majesty and is being exercised by His Majesty's Government in the United Kingdom.
§ The noble and learned Viscount said: My Lords, you will see that if we are going to provide a simple procedure in the case of a document which has been intercepted in the post in respect of which criminal proceedings are being taken it would be the height of absurdity if it were limited to cases which arise entirely 377 in the United Kingdom. This new subsection therefore enables the operation of the clause to be extended by Order in Council to cases arising far off, say, at Aden, so that a letter intercepted there may be certified by a competent officer and received in evidence in criminal proceedings in this country and in any other Colony or territory to which the clause is applied by the Order.
§
Amendment moved—
Page 3, line 20, at end insert the said new subsection.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Bill passed, and sent to the Commons.