HC Deb 08 February 1971 vol 811 c64W
Mr. Havers

asked the Attorney-General if he will make a statement on the role of the Director of Public Prosecutions in relation to decisions to prosecute under the Official Secrets Acts.

The Attorney-General

Proceedings under the Official Secrets Acts are normally brought by the Director of Public Prosecutions and can only commence with the consent of the Attorney-General. In the recent case tried at the Central Criminal Court the Director caused the facts to be investigated, and sought and obtained the consent of my predecessor to institute proceedings. The Director and my predecessor discharged their respective functions in connection with this, as with every other, case not on behalf of the Government but as the duly constituted, independent authorities responsible for the enforcement of the criminal law. In deciding whether to prosecute, such authorities are entitled to take into account and to apply their judgment to the balance of public interest. It would be wholly improper for them to be influenced by considerations of political pressures, interest, sympathy or aversion. In the recent case, they acted with complete propriety in accordance with the principles to which I have referred.