HC Deb 08 December 1986 vol 107 cc1-3W
Mr. Campbell-Savours

asked the Attorney-General whether a law officer will prosecute Mr. Chapman Pincher, under section 7 of the Official Secrets Act 1920, for inducing Mr. Peter Wright to break his duty of confidentiality on security matters to the Crown by being party to the offer of payments by Summerpage of moneys in respect of information to be included in his book, "Their Trade is Treachery".

Mr. John Morris

asked the Attorney-General what consideration he gave to prosecuting Mr. Chapman Pincher as an unauthorised receiver under the Official Secrets Act.

The Attorney-General

The matter is under consideration.

Mr. Campbell-Savours

asked the Attorney-General why he did not seek an injunction to prevent the publication in the current year of the book "Double Agent" by John Moe a former MI5 employee.

The Attorney-General

It would be inappropriate for me to comment on a matter which is or may be at issue in the proceedings, concerning the Peter Wright case in Australia while those proceedings continue.

Mr. Campbell-Savours

asked the Attorney-General whether he will establish an inquiry into which of the 198 persons whose names were deleted at official request from the book by Nigel West, "In Place of Trust", have given information of a confidential and classified nature to Mr. Nigel West.

The Solicitor-General

I have been asked to reply. No.

Mr. Campbell-Savours

asked the Attorney-General whether he will appeal to the Irish Supreme Court in the case of the judgment on the book, "One Girl's War", by Joan Miller.

The Attorney-General

I refer the hon. Gentleman to the reply I gave to the hon. Member for Derbyshire, West (Mr. McLoughlin) on 4 December at column720.

Mr. John Morris

asked the Attorney-General if, further to his statement of 1 December, Official Report, column 620, he will identify those of his responsibilities in respect of which there is collective responsibility.

The Attorney-General

In criminal proceedings the Attorney-General acts wholly independently of the Government. In civil proceedings a distinction is to be drawn between proceedings in which the Attorney-General is involved in a representative capacity on behalf of the Government, and action undertaken by him on behalf of the general community to enfore the law as an end in itself. In the latter capacity the Attorney-General again acts, whether ex officio of ex relatione, wholly independently of the Government. In the former he is by definition representing it. In this representative capacity the Attorney-General will assert the public interest as perceived by the Government as a whole. It may be for other Ministers to assert the public interest in civil matters which may concern their own ministerial responsibilities—for example, when making a claim to public interest immunity from discovery of documents. Any advice sought from the Attorney-General, as the first Law Officer of the Crown, will of course be given impartially, and proceedings will be taken in his name only if he is satisfied as to the legal propriety of the action.

Mr. Campbell-Savours

asked the Attorney-General why he failed to seek an injunction to prevent the transmission by Granada Television on 3 December of a "World in Action" programme which included material which was confidential to the security services; and if he will make a statement.

The Attorney-General

It would be inappropriate for me to comment on a matter which is or may be at issue in the proceedings concerning the Peter Wright case in Australia while those proceedings continue.

Mr. Campbell-Savours

asked the Attorney-General whether he will prosecute Granada Television under the Official Secrets Act 1911 for having transmitted a "World in Action" programme on 3 December which included material confidential to the security services.

The Attorney-General

No.