Part of Orders of the Day — WAR CHARGES (VALIDITY) (No. 2) BILL. – in the House of Commons am ar 21 Mai 1924.
One thing at a time. I have been expressly asked. On the last occasion, when, unfortunately, I was unable to be here, many Members of the House, expressed dissatisfaction that the Attorney-General was not here to answer this point, and when I am answering this point it is a little hard to be asked to answer another. My right hon. Friend said there was a risk of £18,000,000 under this Bill. I concur entirely, not only with what he said but with the figures he gave. There is the gravest risk. The Committee should have in its mind that £18,000,000 is at stake in this matter, and it will not do to hide behind the Bristol Channel cases. There is another matter which has been put forward. I am sorry that the right hon. and learned Member for Ealing has had to leave the Committee, because he did make some observations to which I must refer. It is the practice in every Parliament to abuse the Attorney-General, and I am fortunate in this case that the two Attorney-Generals that have been abused have not been me but my two predecessors, who, unfortunately, are not here able to defend themselves. I am going to try to defend them both, because a very unfair and unwarrantable attack has been made upon them. According to my view, the attacks upon them were, really, without foundation at all. The suggestion made about my predecessor is, that application having been made in October, 1922, the Attorney-General of the day neglected the matter until January, 1924, and took no notice of it. He waited for nearly 18 months and then, finally, thought fit or proper to give a fiat. In October the Attorney-General of 1922 was asked to give a fiat. At that time this company had lodged proceedings already in the War Compensation Court. He wanted a fiat for another set of proceedings in another Court to go on at the same time as proceedings in the War Compensation Court. The Attorney-General of the day said he could not see his way to advise His Majesty to grant the fiat while the proceedings were going on, but directly they were abandoned he would grant the fiat. From that day until January, 1924, the Attorney-General never had a message from the company of any kind. They never took the trouble to answer him or to tell him anything about it, and for my right hon. Friend who has left the Committee to have left us under the impression that my predecessor acted in such a way as that seems to me to be unfortunate, and though I am happily, for the first time, not defending myself but someone else, I am glad to have the opportunity of making it clear. My right hon. Friend made another observation about this which was equally unfair. He said he was asked to give a fiat in July, and did not give it until October. Personal feeling may creep in, and possibly other persons have suffered also, but if the Attorney-General stays in the Law Courts and does his work at once, he is blamed for being there, and if he waits, because he is pressed with other duties, and does not give it at once, he is blamed for being here and not being these. On 17th July, just before the Long Vacation, the Attorney-General gave the fiat, and I do not think anyone can say there was any unreasonable delay, as nothing could be done during the vacation.
Another very serious attack was made on the Department by the same right hon. Gentleman in regard to Marshall Company. It is quite untrue. They were not misled in any way, and the only reason why the Marshall Company delayed was because they did not take advantage of the Attorney-General's suggestion made to them 18 months before. Those are the two legal matters which have been raised. One is the question of the Indemnity Act. With real seriousness I repeat my warning. I hope the hon. and learned Gentleman the Member for the Hartlepools, if he thinks proper to intervene in the Debate again, will emphasise my warning. These decisions were the decisions of a learned Judge of first instance. They were decisions given with deliberation. There is nothing to prevent other people starting proceedings except that decision, and there is nothing to prevent the Court of Appeal or the House of Lords dealing afresh with them any time they think fit.