§ LORD SHEPHERDMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether their attention has been drawn to the remarks of Mr. Justice Stable to the jury at the Nottingham Assizes on November 25, which were reported in The Times newspaper of November 26 as follows:—
- (1) "I have disorganised my private arrangements for you pretty considerably and I am not going to disorganise them any further";
- (2) that he would leave the court in ten minutes and if, by then, the jury had failed to reach a conclusion, they would be kept locked up all night, until the court resumed the following day:
§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)My Lords, I have come to the conclusion that it would not be right for me to give the noble Lord an Answer to his Question to-day, and I should like briefly to explain to your Lordships why I take that view. I am informed that in the case to which the noble Lord refers one of the convicted men is almost certain to appeal to the Court of Criminal Appeal. I am further informed that an appeal is under consideration on behalf of some or all of the other men convicted. In those circumstances, I believe your Lordships will agree with me that I should offer no comment and that we should enter into no discussion about the case at present. I hope the noble Lord, Lord Shepherd, will also agree.
§ LORD SHEPHERDMy Lords, I beg to thank the noble and learned Viscount for his Answer, and also to thank him for his courtesy during the past few days in keeping me informed of the position. I think he will agree that this is a matter of public importance, and if it is possible to put down a Question for next week I hope that I may be permitted to do so.
§ THE LORD CHANCELLORMy Lords, I shall certainly continue to keep in touch with the noble Lord and give him any information that I have.
§ LORD MORRISMy Lords, may I ask the noble and learned Viscount the Lord Chancellor whether he is aware that the learned Judge in question is held in the highest esteem, both within and without the profession, and whether he is further aware that all right-thinking people would welcome a cessation of Judicial criticism, whether from the Press or from defeated and discredited political opponents.
§ THE LORD CHANCELLORMy Lords, I hope that we shall not enter into any discussion about this matter to-day. The best of my information is that there is going to be an appeal and I think that when an appeal is pending we should treat the matter as being sub judice and say nothing further about it.