§ 2.46 p.m.
§ Lord BROCKWAYMy 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 they propose to amend the Incitement to Disaffection Act 1934.
§ Lord WELLS-PESTELLMy Lords, the Incitement to Disaffection Act comes within a review which is now being undertaken by the Law Commission of treason and other offences involving sedition or incitement to mutiny or disaffection. My right honourable friend will consider the position when their Report is received.
§ Lord BROCKWAYMy Lords, in thanking the Minister for that reply, may I ask whether he would ask the Commission, when they meet, to consider the fact that many eminent jurists criticise this Act for its imprecision and also for its infringement of civil rights, unnecessarily limiting the right to free speech? For example, it applies not only to the distribution of literature but also to the possession of such literature in a person's house. I might be guilty of such a thing myself.
§ Lord WELLS-PESTELLMy Lords, it is because of the concern which has been expressed about this particular matter that it has been referred to the Law Commission. They are looking into it. I will convey to my right honourable friend the comments and observations of my noble friend.
§ Lord BALNIELMy Lords, while there may indeed be an argument for amending the Act to bring it into line with modern circumstances, would not the noble Lord agree that incitement to those in the military services to disaffect or to mutiny is a very serious offence indeed and should be treated as such?
§ Lord WELLS-PESTELLMy Lords, I do not think there is any question at all about that; but I imagine the Law Commission will give the matter very careful and deep consideration and will advise your Lordships of their views.