HL Deb 16 October 1985 vol 467 cc570-1

2.51 p.m.

Lord Hatch of Lusby

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether they have any evidence that information concerning Cabinet discussions during the Falkland crisis was transmitted to unauthorised persons warranting consideration of prosecution under the Official Secrets Act.

The Lord Chancellor (Lord Hailsham of Saint Marylebone)

My Lords, this is a matter for the Law Officers of the Crown in their capacity as such, and not for the Government.

Lord Hatch of Lusby

My Lords, I unreservedly accept the guidance of the noble and and learned Lord who sits on the Woolsack, particularly in view of the the news which I heard just a couple of hours ago about the action taken by the Government. Therefore I shall not pursue this any further.

May I ask the noble and learned Lord just one question quite outside the ambit of the legal position? Does he agree with me that it would be most unfortunate, in view of the prosecution of Sarah Tisdall and Clive Ponting for passing unclassified information, if it were even to be thought by public opinion that there is one law for civil servants and another for politicians?

The Lord Chancellor

My Lords, I never comment on judicial proceedings which have been concluded.

Lord Elwyn-Jones

My Lords, may I ask the noble and learned Lord whether it is not in fact the case that it has been reported on the tape that this matter has been referred to the Director of Public Prosecutions?

The Lord Chancellor

My Lords, I am not answering for the tape, but I will accept what the noble and learned Lord says.

Lord Paget of Northampton

My Lords, I do not know whether your Lordships have observed that throughout the Session the Order Paper has been occupied as to about 40 per cent. by five Members. This leaves very little space for the Questions of the remaining Members of your Lordships' House. Before we enter a new Session, can some form of rationing of these Questions be considered so that perhaps not more than a dozen Questions per Session should be put down by any one Member, leaving a chance for the others? The Questions which get put down are generally out of date by the time they reach here and that is why they have won their place in the queue.

The Lord President of the Council (Viscount Whitelaw)

My Lords, I speak subject to correction, because I was being briefed by the Chief Whip before I got up. I think I am right in saying that no one noble Lord may have more than three Questions on the Order Paper at the same time. Therefore that should in itself be a form of rationing.

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