§ Mr. Leighasked the Attorney-General if he will take steps to prosecute the Campaign for Nuclear Disarmament for conspiracy to trespass on Ministry of Defence land at RAF Molesworth in connection with the operation of its pledge scheme.
§ The Attorney-GeneralThe Campaign for Nuclear Disarmament cannot itself be the subject of criminal proceedings although the conduct of individual members may render them liable to prosecution. Trespass on Ministry of Defence land at RAF Molesworth per se does not at present constitute a criminal offence but my right hon. Friend the Secretary of State for Defence has advertised his intention to exercise his powers under part II of the Military Lands Act 1892 and other powers to make bye-laws covering such conduct. By virtue of section 1 of the Criminal Law Act 1977 an agreement between two or more persons to pursue a course of conduct which would necessarily amount to or involve the commission of any offence or offences against those bye-laws could constitute a criminal conspiracy. However, support for the objects of CND by participation in the pledge scheme does not necessarily imply such an agreement and accordingly I do not intend to institute criminal proceedings in respect of its operation.