HC Deb 08 December 1970 vol 808 cc74-5W
Mr. Arthur Lewis

asked the Attorney-General if he will institute proceedings against the Post Office Board for obtaining moneys under false pretences in charging telephone subscribers for periods of time which they have not used.

The Attorney-General

No. There has not been an offence of obtaining by false pretences since the coming into force of the Theft Act, 1968.

The hon. Member no doubt has in mind Section 16 of the Theft Act, 1968 which relates to obtaining a pecuniary advantage by deception. It is an essential ingredient of that offence that the advantage shall be obtained "dishonestly", and I do not think that the hon. Member is suggesting that the Post Office is obtaining any pecuniary advantage other than through accounting or mechanical errors.

Mr. Arthur Lewis

asked the Attorney-General whether he will take action to prosecute the Post Office Board for obtaining moneys under false pretences in that they are selling air mail letter cards clearly marked 9d. and charging 10d.

The Attorney-General

No. The offence of obtaining by fase pretences has not existed since the coming into force of the Theft Act, 1968.

I presume that the hon. Member has in mind Section 16 of the Theft Act which deals with obtaining a pecuniary advantage by deception. The air mail letter cards to which the hon. Member refers, one of which he has sent to me, are special Christmas air mail letter cards printed with two Christmas pictures and the stamp on them is marked 9d. ld. is charged for the special card itself and Christmas posters on display in Post Offices advertise these cards stating the price to be "10d. including postage".

Mr. Arthur Lewis

asked the Attorney-General whether he will prosecute the Post Office Board for false pretences in view of the evidence sent to him by the hon. Member for West Ham. North concerning different quotations by different Post Offices for despatching the same article to the same address.

The Attorney-General

No. There has been no offence of obtaining by false pretences since the coming into force of the Theft Act, 1968.

The hon. Member no doubt has in mind Section 16 of the 1968 Act which relates to obtaining pecuniary advantage by deception. It is an ingredient of this offence that this advantage should be obtained "dishonestly" and the evidence, a letter to a newspaper, which the hon. Member has submitted to me does not disclose any dishonesty.