CABINET SECRETS

King Country Chronicle, Volume XXVIII, Issue 4634, 11 December 1934, Page 6

CABINET SECRETS

COPIES OF DOCUMENTS.

It was reported in London recently that all living ex-Cabinet, Ministers from 1919 onwards have been confronted with the demand for the instant surrender of all copies of Cabinet documents in their possession and that a similar demand has been made on" the executors of those now dead. This is stated to be an entirely novel requisition, and the question whether it can be enforced is of public and constitutional interest.

Mr. Alfred Fellowes, writing in the Observer, London, says:—"Generally speaking, every servant or employee must respect his master's confidence, and refrain from divulging to strangers or rivals information obtained by him in the course of his master's business, if such action would be against the master's interest. Any lawyer can at once turn up a dozen cases of injunctions obtained against dishonest servants or ex-servants who try to sell their masters' trade secrets and lists of customers to his rivals. "In this respect the Government would no doubt have the same rights as a private employer, but it is, of course, immensely fortified by the Official Secrets Acts, which make certain breaches of confidence on the part of Government servants statutory offences. There are similar penalties against those who aid, abet or urge Government servants to commit such offences.

"That the position may be understood, it may be useful to quote from the Act of 1911, as amended by that of 1920: 'lf any person having in his possession or control any . . . note, document or information . . . . which has been entrusted in confidence to him by any person holding office under his Majesty or which he has obtained owing to his position as a person who holds or has held office under His Majesty (a) communicates ... the note,

document or information to any person other than a person to whom he is authorised to communicate it or a person to whom it is in the interest of the State his duty to communicate it or (b) retains . . .the note or document in his possession or control when he has no right to retain it or when it is contrary to his duty to retain it, or fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof ... he shall be guilty of

a misdemeanour.' There is a similar provision against persons receivingsuch documents, which might be applicable to the executors of those originally receiving them. "Cabinet agenda and records of discussions, so far as made, are no doubt confidential, and a judge might not have much difficulty in spelling out from the above extracts that those in whose lawful possession such documents happen to be—and a fortiori, those into whose possession

they have unlawfully fallen—must hold their tongues about their contents, and, if so required, yield them up to 'lawful authority.' Again a judge could hardly fail to recognise the authority of the Prime Minister in office as sufficient.

"The question whether the Official Secrets Acts should be pressed with the utmost rigour of the law is, of course, a different matter. Some may think too much publicity has recently been given to differences of opinion in Cabinet meetings, others that such revelations are not within the mischief at which such Acts aim."