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Cambridge Five Spy Ring — Part 36
Page 98
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Boreas
1S. The Conference is of the opinion that in deciding these difficult and
often borderline cases, it is right to continue the practice of tiking the balance
in favour of offcring greater protection to the security of the State rather than
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 ulonc, have to be moved
from secret work, and that the same principle should be appligd in other -
cases of a like nature. “ oe a
16. The Conference recognise that some of the measures which the
State is driven to take to protect its sccurily are in some respects alien -
lo our traditional practices. Thus, in ordcr not to imperil sources of
information, decisions have sometimes to be taken without revealing full
details of the supporting evidence. Again, it is somctimes necessary to refuse _
to employ a mun on secret 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,
becuuse after the fullest investigation doubts about his reliability remain,
even although nothing may have been proved against him on standards
which would be accepted in a Court of Law. The Conference agree
regretfully that these counter-measures. although they are distasteful 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
taken 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 security grounds with transfer from secret dutics or, when that is not
practicable, with dismissal from the Scrvice. This machinery should
continue: and the person whose continued employment in Government. -
Service is called in question on account of Communist association of =...
sympathies will be able to have his case considered by it. The Conference
also recommend that the terms of reference of the Three Advisers - -
should be widened so as to enable them to present a fuller report to the
responsible Minister. . .
__ 1%. The measures necessary to carry out these recommendations will
involve alterations in existing procedures. These alterations will be notified
to the staff associations concerned and an opportunity given for Fe; nation
to’ be made before the alterations are promulgated in full. is paper ia -
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 fo atten {o contey secret information to #
forcign 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
should be sought to detain persons for an unlimited 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
untikely to be approved by Parliament in time of peace. They also come
fo the conclusion that legislation which would permit arrest and detention,
without a charge being preferred, for a short specifted period. say. fourteen
days, would not be much help. The Conference also consider that the *
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