May 8, 2015

Finest Hour 111, Summer 2001

Page 52

There is no part of the powers conferred on His Majesty’s Government, in this time of trial that I view with greater repugnance than these powers of exceptional process against the liberty of the subject without the ordinary safeguards which are inherent in British life. These high-sounding familiar phrases like “Habeas Corpus,” “petitioner’s right,” “charges made which are known to the law,” and “trial by jury”— all these are what we are fighting to preserve.

We all care about them and understand them, and we are determined that they shall not be trespassed upon by anything except the need of self-preservation which arises in time of war….

For my part, I hope that the day may come as speedily as possible, even before the end of the war, when we may be able to relieve ourselves of these exceptional powers….

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In the meantime, I feel that we are entitled to ask from the House a general measure of support for the Minister charged with exercising them.

There can be no question of going behind the powers of the House.

The powers of the House are overriding and inalienable and everything that is done is done on the responsibility of the House, be it right or wrong….

I particularly resent the suggestion that we are adopting the methods of Fascist states. We are not. We are the servants of the House.

It may be that the House will support its servants, but if it does not the powers in their hands are without effect, and so long as that fact is established it is absolutely improper, as well as unhelpful, to place us upon the level of totalitarian Governments which have no corrective legislature, no law but their own wills, no check on the enforcement of their own particular doctrines in any way they choose.
WSC ON DEFENCE REGULATION 18B, HOUSE OF COMMONS, 21 OCTOBER 1941