The Cine Technician (1953-1956)

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Mr. Marlowe: Is my right hon. Friend aware that from a purely legal point of view this is a most unsatisfactory arrangement, probably due to the fact that it was introduced by the late Government ? While I accept the statement of my right hon. Friend that those who are affected withdraw when a decision is made, the important thing is that justice should appear to be done, and there is a fear in the public mind that there might be some prejudice in arriving at these decisions. Will my right hon. Friend consider introducing amending legislation which will avoid that or submitting cases to the Director of Public Prosecutions who can give an independent opinion? Mr. Thorneycroft: I am very far from saying that all films legislation is of the most satisfactory character, but it may be some consolation to hon. Members to know that in any event I am the person who finally decides whether a prosecution should go forward or not, though, naturally, I listen to the advice which is tendered to me. Mr. BeA'an: May I ask the Minister if it is not a peculiar doctrine that people are allowed to violate the law merely because the law was passed in a Parliament with a Socialist majority? Is it not always the case that, if the criminals are consulted, they will recommend that they should not be prosecuted? Would not burglars be wise to have an advisory committee like this? Mr. Thorneycroft: The right hon. Gentleman should recognise that it is not for him or for me to decide whether it is a fact that they have violated the law. That is a matter for the courts and will be decided by the courts on the prosecutions which I propose shall be instituted under the Act. Several Hon. Members rose — Mr. Speaker: We have spent much too much time on this Question. Mr. Swingler asked the President of the Board of Trade in how many cases he has decided to prosecute film quota defaulters where prosecution was not recommended by the Films Council. Mr. Wyatt asked the President of the Board of Trade to what extent he considers the views of the Films Council before instituting prosecutions under the Films Quota Act, 1948. Mr. P. Thorneycroft: Under the Cinematograph Films Act, 1938, as amended, I am biund to consult the Films Council before taking action on certain particular provisions of the Act, including the application which an exhibitor may make that his default was due to circumstances beyond his control. I consider the Council's advice very carefully and I have found it extremely valuable, but it is entirely for me to decide whether or not a prosecution should be instituted. I do not think it advisable to dissent from the practice generally followed ever since the establishment of the Films Councl and treat their advice as other than confidential. But I can say that in a substantial number of cases which are being examined at the moment, I have given instructions for prosecutions to be instituted as soon as possible. Mr. Swingler: Will the President of the Board of Trade, having come out from behind the screen of the Films Council and told the House that he himself takes the responsibility as to who should be prosecuted, now tell the House why he has decided that the worst law breaker of all in this respect shall not be prosecuted? Mr. Thorneycroft: Simply because the advice I received, and I agree with it, was that a prosecution would not have succeeded. Mr. Wyatt: Is the President not aware that the Empire Cinema, Leicester Square, showed only one British film during the whole quota year ended September, 1951, and if the right hon. Gentleman could not sustain a prosecution on that there is no possibility of sustaining a prosecution in the case of any default? Is the President further aware that the big exhibitors stack the exhibiting representation on the Films Council, and recommend the prosecution of small exhibitors in remote parts of the country who very often havei good reasons for defaulting — Mr. Speaker: We cannot have speeches. Mr. Wyatt: On a point of order. Am I not entitled to conclude my question, Sir? Mr. Speaker: The hon. Member has asked one very long supplementary question already. He was proceeding to ask another. I must in fairness to other Members ask him to remember that there are other things in the world besides cinemas. Mr. Swingler: In view of the totally unsatisfactory reply, I beg to give notice that I shall raise the matter on the Adjournment. Mr. Wyatt asked the President of the Board of Trade whether he will undertake to consult the Law Officers of the Crown about prosecutions under the Films Quota Act, 1948. Mr. P. Thorneycroft: I have been consulting the Law Officers of the Crown about these prosecutions. Mr. Wyatt: Did the Law Officers of the Crown not agree that there were adequate powers to institute proceedings under the Act passed by the Socialist Government? Mr. Thorneycroft: I think I had better treat the advice which the Law Officers tendered to me as confidential, as previous Governments have d^ne. Mr. Bevan: The right hon. Gentleman said just now that he had himself decided that a certain prosecution would not succeed. Did he have the advice of the Law Officers of the Crown in that matter? Mr. Thorneycroft: I have had the advice of the Law Officers about all these prosecutions, and I have acted on their advice in these matters. See also 'Cine Technician' May-June for earlier statements in the House of Commons