16 NOVEMBER 1974, Page 3

Breach of justice

The condemnation of the Government's action in relieving the Clay Cross councillors of penalties justly imposed upon them by the courts for breaches in a law duly passed by Parliament has been, outside the now semi-revolutionary ranks of the Labour Party, universal. With reprobation is mixed only amazement that a politician such as Mr Crosland, hitherto held in high regard for his intelligence as well as for the propriety of his conduct, should have been involved in this shoddy business. Likewise, there is astonishment that Mr Sam Silkin remains a member of the Government, and finds what they propose to do consistent with his honour, in spite of the measured terms which he used before, as a law officer, to condemn the idea of retrospective relief. Mr Silkin's position is peculiarly to be condemned, since the Attorney General is constitutionally responsible to Parliament rather than to the government, so he cannot plead Cabinet solidarity as a reason for betraying his legal judgement. Be all that as it may, the challenge for the Opposition parties now is to do everything they can to manifest their disapproval of what has been done; and the power lies with the Conservative Party even for quite some time to delay the implementation of this shameful proposal, by using their weight in the House of Lords against it. Conservatives are, rightly, chary of using that power; but when Justice has been so flagrantly breached there is no alternative.