My Lords, there are a number of questions. Is trying to blow up Her Majesty’s Government an act of treason? Certainly it is an overt act. I suppose it would be a question for the jury, properly directed, as to whether such an act constituted,
“levying war against Her Majesty within Her Realm”or, alternatively, encompassing,”the death of the Sovereign”.The next question was about capital punishment. Yes, my Lords, the penalty under the
Treason Act 1351, as amended, is death by hanging. Thirdly, on the question of foreign subjects, if my noble friend will consult, I think, Calvin’s case in 1608 he will discover that all aliens owe local allegiance to Her Majesty and therefore the charge of treason will lie against them.
On the repeal of the law, that of course will be for my right honourable friend the Home Secretary to consider; but my noble friend might care to know that the Law Commission is considering currently the question of public order offences, which I suppose includes treason. I understand that it has hit on a number of major snags and it is not known when it is likely to report.