THE CASE OF MR. LESLIE PARKES (Hansard, 20 March 1967)

§ VISCOUNT DILHORNE
My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

§ THE MINISTER WITHOUT PORTFOLIO (LORD SHACKLETON)
My Lords, I understand that consideration is being given by my right honourable friend the Attorney General to the possible institution of proceedings for perjury in this case arising from evidence give by Mr. Parkes before the magistrates at Fenton on July 7, 1966, and that inquiries in relation to this matter are continuing. In these circumstances, I am unable to 526 say at this stage when it would be appropriate to make a statement.

§ VISCOUNT DILHORNE
My Lords, can the noble Lord say when the Attorney General is likely to reach a decision on whether or not to prosecute? If he decides not to do so, will the noble Lord give an undertaking that these statements will be made at the earliest possible date thereafter? And, if there be a decision to prosecute, can the noble Lord give any indication of the length of time that is likely to elapse before the promised statements are made?

§ LORD SHACKLETON
My Lords, I do not know that it is up to me to speculate on what the Attorney General's decision will be in this matter, and I do not think I should say anything to indicate more than I have done: that inquiries are taking place and there is a possibility of the institution of proceedings. As to how long these inquiries will take, I should not think they will take very long. But I do not know that the matter of the length of the making of the inquiries is material to the question of a date when the statement will be made. My right honourable friend had more or less completed his inquiries, and was hoping to make a statement shortly. For reasons which I think are apparent it would be undesirable for him to do so now, and I do not think I should speculate as to the outcome of any proceedings which may follow. But I fully take the noble and learned Viscount's point, and I will certainly convey his views to my right honourable friend, who is himself anxious to make a statement at the earliest possible moment.

§ VISCOUNT DILHORNE
My Lords, the noble Lord will realise that I was not asking him to speculate about the Attorney General's decision. But would he agree that it would be quite wrong to make the possibility of a prosecution the pretext for delaying making a statement about matters which could not possibly prejudice the trial of Mr. Parkes on any charge? Could he explain why it is apparently thought that a statement with regard to the legality of arresting persons for desertion and absence without leave in this country under Section 74 of the Army Act, without bringing them before the magistrates, and a statement as to 527 the validity of Rule of Procedure 12, could possibly be thought to prejudice the trial of Mr. Parkes on any charge?

§ LORD SHACKLETON
My Lords, I will try to deal with the noble and learned Viscount's point, intended, I am sure, with the desire not to prejudice any future proceedings. The power to arrest a person under Section 74 depends upon that person's being subject to military law; and whether Mr. Parkes was at the relevant time subject to military law is a matter to be decided by the court if criminal proceedings are subsequently taken against him. Therefore it would be improper, and certainly very difficult, to make any comment on Mr. Parke's arrest; and it would be difficult, I think, to comment on the general validity or the appropriateness of using Section 74.
On the other point, concerning the Rule of Procedure No. 12 and the extent to whether it is ultra vires, of course the vires depend on the section; and I fully accept that. But I think it would be easier for the Secretary of State to make a comprehensive statement, and I must make clear that he is himself under some handicap in that he would have wished to make a comprehensive statement but finds it very difficult to do so without impinging on matters with which it would be inappropriate to deal at this moment. But I assure the noble and learned Viscount that I should certainly regard it as undesirable, and indeed my right honourable friend would not wish, to delay making a statement or to use the possibility of legal proceedings as an excuse for not making a statement.

§ VISCOUNT DILHORNE
My Lords, as apparently it is bound to be some time before the matter of arresting persons under Section 74 in this country is pronounced upon by Her Majesty's Government, will the noble Lord at least give an undertaking that until those statements are made no other persons in this country will be arrested for desertion or absence without leave under Section 74, or that they will, if arrested, be brought before magistrates?

§ LORD SHACKLETON
My Lords, I think it would be quite impossible for me to give that undertaking at this moment, and I think the noble and 528 learned Viscount is pressing me a little hard. I will certainly convey his views to my right honourable friend. I can only say that this is precisely one of those matters which my right honourable friend has under consideration.