10 APRIL 1976, Page 6

Notebook

No one watched the Labour leadership struggle with closer attention than Mrs Thatcher. No one is pondering the outcome with greater interest—or rather self-interest. Will Mr Callaghan's accession help or hinder her own ambitions? That is what she is asking herself.

So are many other Tories. Looking at the result in terms of their own political prospects, they are divided. It seems true to say, however, that at least for the moment the majority are somewhat disconcerted : in Mr Callaghan they see an adversary of broad national appeal who may capture much of the 'centre' support that they themselves are in need of. Such fears may be exaggerated. But at the outset of the Callaghan premiership they are very prevalent in the Conservative Party.

While public attention is focused on the new Prime Minister and the Budget we must not lose sight of other political business of consequence. It is now some weeks since the Shadow Home Secretary, Mr Whitelaw, pressed Mr Roy Jenkins for the early publication of Sir Claus Moser's report on how the Home Office came to make such serious errors in the calculation of immigration figures. Mr Whitelaw went on to demand the appointment of a small independent committee to devise accurate methods of computing immigration statistics in the future.

Mr Jenkins adroitly avoided commitment; and it seems that Whitehall would like to forget the whole matter. Not so Mr Whitelaw. Convinced as he now is that official figures seriously understate the number of New Commonwealth immigrants entering Britain—and that, in particular, far too many who enter under limiting conditions remain as residents—he intends to press on until both his ends are achieved.

Overheard after lunch the other day in one of the grander St James's clubs: 'How are you getting back ?"Oh, I shall take a bus.' 'Good lord, I haven't been on a bus or a tube for thirty years.' No, the speaker was not a captain of industry—merely a retired public servant.

First the CIA, now our own Secret Intelligence Service. After disclosing the names of dozens of American agents, the 'radical' Washington-based 'Fifth Estate' has turned its attention to their British counterparts, and is proposing to name SIS officers serving abroad. Understandably, the prospect is disturbing the SIS chief, Sir Maurice Oldfield, and his counter-espionage colleague, Sir Michael Hanley, Director General of the Security Service (MI5).

They naturally fear that agents will be put at risk, and are mindful of the fate of the head of the CIA in Athens, Mr Richard Welch, murdered after being named by Fifth Estate—whose executive committee includes former American intelligence officers who resigned in protest over the CIA's 'fascist' adventures abroad. How Fifth Estate obtained the names is not known, but there are plans for withdrawing agents who may stand in particular danger.

Next week, on Maundy Thursday, an announcement of seemingly small public interest will be made: a number of barristers— probably about thirty—will be appointed Queen's Counsel. However, the process of selection for this honour is so little known and the appointment to silk can be of such far-reaching significance that the matter should be the subject of debate and review. This has not happened before, but the Royal Commission to inquire into the legal profession will have the opportunity, which must be taken, to examine and improve upon the present situation.

Lord Goodman wrote in the Spectator last month that it was unfortunate that the Royal Commission's terms of reference do not include any inquiry into the appointment of the judiciary. It is therefore the more important that inquiry should be made into the appointment of those people —QCs—from whose ranks nearly all our judges are chosen. The process of application and selection for silk is rather similar to joining a club. The applicant, who must be a barrister of at least ten years' standing, writes to the Lord Chancellor in February giving the names of judges as his sponsors, and then waits until Easter for the good or bad news. If his name does not appear in the Maundy Thursday list he can try again the following year, but he will not be informed of the reasons for his rejection. Was

he much younger or less experienced than many other applicants ? Or was he blackballed by the opposition of one or more judges with whom his application was discussed ?

Clearly the number of appointments must be limited each year and there will be apPhcants who are unsuited for elevation to this privileged position. Someone must be responsible for sifting the various candidates, but the Royal Commission should consider whether the responsibility for selection should rest with the Lord Chancellor alone. And a barrister whose application has been turned down should be given some reason for the decision. This would not onlY be fairer to the applicant but should also result in a fairer basis of selection to the ranks of silk, which would benefit both the Bar and the judiciary.

The untimely death of Brian O'MalleY, Minister of State at the Department of Health and Social Security, will distress not only his friends and admirers on the left of his party, but his parliamentary opponents as well. He was only forty-six, and was widely recognised as one of the most capable and humane of Labour ministers. Of all the younger left-wingers who joined the Government in 1974, he was the one who stayed the course best, neither abandoning his principles for the sake of office nor resigning in pique when he was frustrated. Unhappily, he did not enjoy the best .of health, but his final illness came upon him suddenly. He was capable of much greater things than he was given time to achieve.

Mr Len Murray, of the TUC, apparently likes to vary his name. It will be seen that writing to the Times he signs himself Lionel.

However strong anyone's feelings may be against South Africa and towards Namibia, a proposed 'pacifist mission' from this country to the Namibian people is so foolhardy that it must be condemned. Publicity has been given to attempts to enlist a crew to sail a boatload of books, banned is South Africa, to the Skeleton coast of Namibia. Any adventurous opponent of apartheid who may think of volunteering is to be discouraged at once. The formation of that coastline and the currents offshore make it a notoriously treacherous area for shipPing' in parts unchartable, as we know from Geoffrey Jenkins's books. As an act of, mercy the 'South African business interests of which we have been hearing should scuttle the boat before it can set sail.

Mr Eric Hafer, Labour MP for Liverpool Walton and one of Mr Michael Foot s campaign managers in the leadership contest, has a story about a Merseyside docker who came across a mate kicking a tortoise to death. 'Why are you doing that ?' he cried in horror. 'Because he's been following rile around all day,' was the reply.