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21. As stated in paragraph 18, the associations on the Joint Committee represent every newspaper interest in the United Kingdom, but they have no authority over the Press in the Dominions or Colonies. The Empire Press Union, which has been formed with the object of co-ordinating the interests of the oversea Press, has volunteered to co-operate with the Joint Committee, but its power is very limited. The Sub-Committee have thought it desirable to draw attention to this point, but not as an argument in favour of legislation as against a voluntary arrangement; for even were a Bill approved, giving statutory power over the Press in the United Kingdom, it does not follow that the Dominions would think it necessary to imitate our example.

22. The chief weakness of the scheme is that, being voluntary on the part of the Press, it does not admit of penalties being imposed in cases of an infraction of the agreement. Consequently it is liable to break down when it is most required, namely, at a time of national tension.

23. As, therefore, the authorities must expect to be driven to rely upon statutory control, the question arises: Should the necessary measure to secure this control be introduced in peace or await the outbreak of war? In other words, are the advantages promised by the agreement sufficiently substantial to justify the post- ponement of a measure giving statutory control of the Press?

The Sub-Committee hold that the ideal arrangement would consist of a friendly agreement operating under the shelter of an Act for the control of the Press, enabling the authorities to deal with offences which are to be anticipated chiefly in times of tension, and on the part of journals of indifferent repute. Having regard, however, to the opposition on the part of the Press to legislation, which opposition appears to be as strong now as at any time during the last few years when such measures have been under discussion, the Sub-Committee feel that it would be useless to attempt legislation in advance of the outbreak of war. An effective Act would not be secured, and the present agreement with the Press would almost certainly be lost. This agreement furnishes a greater measure of security than we have possessed hitherto, and it may well be that its effect in time will be to diminish the distrust with which the Press regards an Act of Parliament. While, therefore, the existing conditions prevail, the Sub-Committee are unable to recommend any other course in normal times than reliance upon the agreement with the Press.

24. The Sub-Committee are, however, convinced that in the event of a serious failure of the agreement or on the outbreak of war statutory powers must be sought, as in either case the risks to be apprehended are too serious. A Bill for the compulsory censorship of the Press should therefore be kept in readiness, to be passed concurrently with the order for mobilization, or at such time as the Cabinet may decide, and a draft of such a Bill is attached in Appendix I.

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'The Official Secrets Act, 1912.”

25. In the course of their deliberations the question arose whether a Press Bill would not be superfluous, as persons who communicate to another person informa- tion which might be useful to an enemy are dealt with under the Official Secrets Act. The Sub-Committee, however, have been advised by the Attorney-General that the speedy passage of the Act of 1911 through the House of Commons was due in a great measure to a general understanding that although the new Act was in the main directed against the “ spy

class, yet it had a wider and more general application intended for use only in exceptional cases or in special circumstances. The Attorney- General is of opinion that notwithstanding the provisions of this Act it cannot be asserted that in time of war a Press Bill would be superfluous, as circumstances might then possibly arise which would necessitate the passing of such a Bill.

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The Sub-Committee are advised that the Act would cover communications made to the Press abroad by correspondents resident in this country.

Form of Act for Control of the Press.

26. The Sub-Committee have thought it necessary to amend the draft Bill of 1908 in certain particulars. They agree that the Act should be made to operate by an Order of Council, as this safeguard will tend to reassure the Press. They consider

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