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Cambridge Five Spy Ring — Part 36
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often borderline cases, it is right fo continue the practice of lilting the balance
in favour of offering greater protection to the security of the State rather than
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15. The Conference is of the opinion that in deciding these difficuh and
in the direction of safeguarding the rights of the individual. They recommend
that an individual who is living with a wife or husband who is a Communist -
or a Communist sympathiser may, for that reason alone, have to be moved «...
from sceret work, and that the same principle should be applied in other
a ry
16. The Conference recognise that some of the measures which the _
State is driven to take to protect ils security are in some respects alien” —
to our traditional practices. Thus, in order not to imperil sources of -.
information, decisions have sometimes to be taken without revealing full
details of the supporting evidence. Aguin, it is sometinies necessary to refuse
to employ a man on sccret duties, or in those cases where no alternative
work can be found for him in the public service, to refuse to employ him at all, ~~
ae
becuuse after the fullest investigation doubts about his reliability remuain,- -
even although nothing may have been proved aguinst him on standards
which would be accepted in u Court of Law, The Conference agree.
od
.
regretfully that (hese counter-measures, although they are distusicful in some ~~
respects, are essential if the security of the State is to be ensured. But they
recognise that it is also important to convince public opinion that the measures
tuken and the procedures in force will not be exercised unreasonably, For
this reason the Conference approve the Tribunal (commonly known as the |
Three Advisers) set up in 1948 to hear appeals from civil servants threatened -
on securily grounds with transfer from secret dutics or, when that is not
practicable, with dismissal from the Service. This machinery should
continue; and the person whose continued employment in Government
Service is called jn question on account of Communist association or -
symputhies will be able to have his case considered by it. The Conference
eles, wacpesemend othe aha @geemec nf cafearance af tha Three Advicare
eaisu PRU LIERIRIL TERS RERGL cai \ qliitis wi JLILILIAe ak Rk eile OTS
should be widened so as to enable them to present a fuller report to the
responsible Minister,
17, The measures necessary to carry out these recomunendations will .
involve alterations in existing procedures. These alterations will be notified
to the staff associations concerned and an opportunity given for representation
to be made before the alterations are promulgated in full. This paper is
therefore confined to giving the broad details of the decisions reached on
those recommendations which can be properly made public. . —._....
18. Two other matters should be mentioned. The first-is that the
Conference considered whether additional statutory powers should be sought
to enable the Government to detain suspects or prevent them from leaving
the country.
19. The Conference point out that, while an individual can be arrested’
on suspicion that he is about to attempt to convey secret information to a
foreign Power, he must be brought before the courts on a charge without
delay. The time required to collect evidence upon which a charge can be |
based is often long, and the Conference dismiss any suggestion that power .
should be sought to detain persons for an yntimited period without preferring
charges against them, on the grounds that this would run counter to this
country’s traditional principles of individual freedom, and would be most —
unlikely to be approved by Parliament in time of peace. They also come
to the conclusion that legislation which would permit arrest and detention,
without a charge being preferred, for a short specified period, say, fourteen
days, would not be much help. The Conference also consider that the
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