Ben Greene
Encyclopedia
Ben Greene was a British
Labour Party
politician
and pacifist. He was interned
during World War II
because of his fascist associations and appealed his detention to the House of Lords
. In the leading case of Liversidge v. Anderson
, the House famously declined to interfere with ministerial discretion on matters of national security
and refused to review his detention.
with a mother who had been born a German
national, Greene's family came to England in 1908. He attended Berkhamsted School where his uncle, Charles Greene, was headteacher and where his cousins, Graham Greene
and Hugh Greene
, also attended. He went up to Wadham College, Oxford
, but became committed to the causes of the Labour Party and the Society of Friends (Quakers) and left without graduating
. Until 1923 he worked with the Society of Friends, the Save the Children Fund and the American Relief Administration
in humanitarian work in Eastern Europe
.
Greene was motivated to get involved in politics almost solely by his belief in pacifism. He returned to London
to work for Clement Attlee
in the Limehouse
constituency for the United Kingdom general election, 1923
, where he met John Beckett. In 1924, Greene joined the Independent Labour Party
(ILP) and soon became liaison with Ramsay MacDonald
. He fought Basingstoke in the United Kingdom general election, 1924
but without success. He often felt that Labour Party policies were at odds with his pacifism.
He married in 1925 and became a businessman, in England and abroad, serving on Berkhamsted Urban District Council and on Hertfordshire County Council
, becoming a Justice of the Peace
(JP) in 1937. He unsuccessfully contested Gravesend
against Irving Albery
in 1931
and 1935
. He also continued with human rights
work in the Saar
and Germany. However, by 1938 he had become disillusioned with the Labour Party, perceiving it as in the grip of communists
, and he resigned.
who was all too ready to exploit his naivety. Greene briefly joined the Peace Pledge Union
and started to publish the Peace and Progress Information Service (PPIS) with information provided by Bohle. He networked with anyone who was opposed to war, including fascists, even joining the British Peoples Party (BPP) as treasurer.
In December 1939, once World War II
had started, Greene ghosted The Truth About the War for the BPP. Attlee saw a copy and was shocked at its "pro-Hitler" tone and claims that the Poles
had been the authors of their own misfortune, exonerating Hitler (see World War II crimes in Poland). Greene was a frequent speaker at anti-war meetings and spoke of the "danger of Jewish and American capitalist
s".
, in his capacity as Lord Lieutenant of Hertfordshire
, approached Maxwell Knight
of MI5
on Greene's continued suitability as a JP. Knight felt that he had no evidence on which to remove Greene. At the same time, Vernon Kell was calling for action against the BPP, in particular for Greene and Beckett's internment
under Defence Regulation 18B
.
The order to detain Greene, for "hostile associations" was signed on 22 May 1940 and Greene was arrest
ed on 24 May. The Reasons for Order cited Greene's membership of the BPP and BCCSE and the content of his speeches, his association with Beckett, and his communications with the German government. It also alleged that he desired to establish a National Socialist regime with the assistance of the German army and harboured German agents. The more specific Statement of Case revealed that the latter allegations had been made by Harold Kurtz.
Greene denied these serious allegations, claiming that he had reported Kurtz's suspicious behaviour to the police. The police denied Greene's defence and there is evidence that Maxwell Knight had coached the police into lying.
The Lord Chancellor's Department
was advised and Greene was informed on 10 October of the intention to remove him as a JP and offering him the face-saving alternative of resignation. Greene was removed as a JP on 8 November.
who had been active in internment cases, from a liberal rather than a fascist motive. Hickson wrote to the Advisory Committee to protest that the Reasons for Order gave no particulars of persons making the allegations. The committee spurned Hickson's approach so he applied for a writ
of habeas corpus
. The application was heard by the Divisional Court
on 21 May 1941 and Greene represented himself. The Home Office
was nervous. Greene was well known in political circles and the allegations were serious, a rash of habeas corpus applications from other internees would be unwelcome, and there were dangers that MI5 agents could become compromised.
The court dismissed Greene's application, confident that so articulate and well-connected an internee could not have been prejudiced by the procedure. They were, however, unhappy with technical errors in the drafting of the detention order and criticised the Home Secretary
, suggesting a rehearing.
Greene appealed to the Court of Appeal
while the Home Office reissued the order and Reasons, now naming Kurtz and Gaertner, confirming Hickson's suspicions.
The appeal was heard by Lords Justice of Appeal Scott
, MacKinnon
and Goddard
on 15 to 16 July. They rejected the appeal on 30 July. Scott delivered the judgment of the court. The court was not able to question the discretion of the Home Secretary, honestly exercised.
Greene appealed to the House of Lords
and his case was joined with that of fellow appellant detainee Robert Liversidge
. The case was heard as Liversidge v. Anderson
and the decision of the Court of Appeal upheld on 3 November.
A second hearing by the Advisory Committee was convened in November. They now rejected Kurtz's allegations as discredited, and accepted Greene's undertaking not to hinder the war effort and to avoid Beckett and Hastings Russell, 12th Duke of Bedford
. Greene's detention order was revoked on 9 January 1942.
for libel and for false imprisonment
. The case was hopeless. The purported libel was that in the Reasons for Order which was protected by privilege
and whose author was in any case unknown. To succeed for false imprisonment, Greene would have to prove that the Home Secretary made the detention order with no honest
belief in the facts stated therein.
Hickson withdrew the action before the final judgment and costs
of GBP1,243 were awarded against Greene. Though proceedings were started to bankrupt Greene, these were never brought to court.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and pacifist. He was interned
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
because of his fascist associations and appealed his detention to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. In the leading case of Liversidge v. Anderson
Liversidge v. Anderson
Liversidge v Anderson [1942] AC 206 is an important and landmark case in English law which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times of national emergency. It concerns civil liberties and...
, the House famously declined to interfere with ministerial discretion on matters of national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
and refused to review his detention.
Early life
Though born in BrazilBrazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
with a mother who had been born a German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
national, Greene's family came to England in 1908. He attended Berkhamsted School where his uncle, Charles Greene, was headteacher and where his cousins, Graham Greene
Graham Greene
Henry Graham Greene, OM, CH was an English author, playwright and literary critic. His works explore the ambivalent moral and political issues of the modern world...
and Hugh Greene
Hugh Greene
Sir Hugh Carleton Greene KCMG, OBE was a British journalist and television executive. He was the Director-General of the BBC from 1960―1969, and is generally credited with modernising an organisation that had fallen behind in the wake of the launch of ITV in 1955.-Early life and work:Hugh was born...
, also attended. He went up to Wadham College, Oxford
Wadham College, Oxford
Wadham College is one of the constituent colleges of the University of Oxford in the United Kingdom, located at the southern end of Parks Road in central Oxford. It was founded by Nicholas and Dorothy Wadham, wealthy Somerset landowners, during the reign of King James I...
, but became committed to the causes of the Labour Party and the Society of Friends (Quakers) and left without graduating
Graduation
Graduation is the action of receiving or conferring an academic degree or the ceremony that is sometimes associated, where students become Graduates. Before the graduation, candidates are referred to as Graduands. The date of graduation is often called degree day. The graduation itself is also...
. Until 1923 he worked with the Society of Friends, the Save the Children Fund and the American Relief Administration
American Relief Administration
American Relief Administration was an American relief mission to Europe and later Soviet Russia after World War I. Herbert Hoover, future president of the United States, was the program director....
in humanitarian work in Eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
.
Greene was motivated to get involved in politics almost solely by his belief in pacifism. He returned to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
to work for Clement Attlee
Clement Attlee
Clement Richard Attlee, 1st Earl Attlee, KG, OM, CH, PC, FRS was a British Labour politician who served as the Prime Minister of the United Kingdom from 1945 to 1951, and as the Leader of the Labour Party from 1935 to 1955...
in the Limehouse
Limehouse (UK Parliament constituency)
Limehouse was a borough constituency centred on the Limehouse district of the East End of London. It returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom.- History :...
constituency for the United Kingdom general election, 1923
United Kingdom general election, 1923
-Seats summary:-References:*F. W. S. Craig, British Electoral Facts: 1832-1987*-External links:***...
, where he met John Beckett. In 1924, Greene joined the Independent Labour Party
Independent Labour Party
The Independent Labour Party was a socialist political party in Britain established in 1893. The ILP was affiliated to the Labour Party from 1906 to 1932, when it voted to leave...
(ILP) and soon became liaison with Ramsay MacDonald
Ramsay MacDonald
James Ramsay MacDonald, PC, FRS was a British politician who was the first ever Labour Prime Minister, leading a minority government for two terms....
. He fought Basingstoke in the United Kingdom general election, 1924
United Kingdom general election, 1924
- Seats summary :- References :* F. W. S. Craig, British Electoral Facts: 1832-1987* - External links :* * *...
but without success. He often felt that Labour Party policies were at odds with his pacifism.
He married in 1925 and became a businessman, in England and abroad, serving on Berkhamsted Urban District Council and on Hertfordshire County Council
Hertfordshire County Council
Hertfordshire County Council is the upper-tier local authority for the non-metropolitan county of Hertfordshire, in England, the United Kingdom. It currently consists of 77 councillors, and is controlled by the Conservative Party, which has 55 councillors, 17 Liberal Democrats, versus 3 Labour...
, becoming a Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
(JP) in 1937. He unsuccessfully contested Gravesend
Gravesend (UK Parliament constituency)
Gravesend was a county constituency centred on the town of Gravesend, Kent which returned one Member of Parliament to the House of Commons of the Parliament of the United Kingdom from 1868 until it was abolished for the 1983 general election....
against Irving Albery
Irving Albery
Sir Irving James Albery was a Conservative Party politician in the United Kingdom who served as Member of Parliament for Gravesend from 1924 to 1945....
in 1931
United Kingdom general election, 1931
The United Kingdom general election on Tuesday 27 October 1931 was the last in the United Kingdom not held on a Thursday. It was also the last election, and the only one under universal suffrage, where one party received an absolute majority of the votes cast.The 1931 general election was the...
and 1935
United Kingdom general election, 1935
The United Kingdom general election held on 14 November 1935 resulted in a large, though reduced, majority for the National Government now led by Conservative Stanley Baldwin. The greatest number of MPs, as before, were Conservative, while the National Liberal vote held steady...
. He also continued with human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
work in the Saar
Saar (League of Nations)
The Territory of the Saar Basin , also referred as the Saar or Saargebiet, was a region of Germany that was occupied and governed by Britain and France from 1920 to 1935 under a League of Nations mandate, with the occupation originally being under the auspices of the Treaty of Versailles...
and Germany. However, by 1938 he had become disillusioned with the Labour Party, perceiving it as in the grip of communists
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
, and he resigned.
Fascist friends
Shocked by conditions in Germany, Greene formed the idea that Britain should co-operate with National Socialist officials in order to facilitate the emigration of as many threatened Germans as possible. However, he fell under the influence of National Socialist Ernst Wilhelm BohleErnst Wilhelm Bohle
Ernst Wilhelm Bohle was the leader of the Foreign Organization of the German Nazi Party from 1933 until 1945.-Early life:...
who was all too ready to exploit his naivety. Greene briefly joined the Peace Pledge Union
Peace Pledge Union
The Peace Pledge Union is a British pacifist non-governmental organization. It is open to everyone who can sign the PPU pledge: "I renounce war, and am therefore determined not to support any kind of war...
and started to publish the Peace and Progress Information Service (PPIS) with information provided by Bohle. He networked with anyone who was opposed to war, including fascists, even joining the British Peoples Party (BPP) as treasurer.
In December 1939, once World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
had started, Greene ghosted The Truth About the War for the BPP. Attlee saw a copy and was shocked at its "pro-Hitler" tone and claims that the Poles
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
had been the authors of their own misfortune, exonerating Hitler (see World War II crimes in Poland). Greene was a frequent speaker at anti-war meetings and spoke of the "danger of Jewish and American capitalist
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
s".
Detention
In early 1940, Lord HampdenThomas Brand, 3rd Viscount Hampden
Thomas Walter Brand, 3rd Viscount Hampden GCVO KCB CMG was a British peer, the son of the 2nd Viscount Hampden....
, in his capacity as Lord Lieutenant of Hertfordshire
Lord Lieutenant of Hertfordshire
This is an incomplete list of people who have served as Lord Lieutenant of Hertfordshire.*Sir Ralph Sadleir 1570–?*Henry Carey, 1st Baron Hunsdon 1583–1585*Robert Dudley, 1st Earl of Leicester 3 July 1585 – 4 September 1588...
, approached Maxwell Knight
Maxwell Knight
Charles Henry Maxwell Knight OBE, known as Maxwell Knight, was an English spymaster, naturalist and broadcaster, whilst reputedly being a model for the James Bond character M.-Spymaster:...
of MI5
MI5
The Security Service, commonly known as MI5 , is the United Kingdom's internal counter-intelligence and security agency and is part of its core intelligence machinery alongside the Secret Intelligence Service focused on foreign threats, Government Communications Headquarters and the Defence...
on Greene's continued suitability as a JP. Knight felt that he had no evidence on which to remove Greene. At the same time, Vernon Kell was calling for action against the BPP, in particular for Greene and Beckett's internment
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
under Defence Regulation 18B
Defence Regulation 18B
Defence Regulation 18B, often referred to as simply 18B, was the most famous of the Defence Regulations used by the British Government during World War II. The complete technical reference name for this rule was: Regulation 18B of the Defence Regulations 1939. It allowed for the internment of...
.
The order to detain Greene, for "hostile associations" was signed on 22 May 1940 and Greene was arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
ed on 24 May. The Reasons for Order cited Greene's membership of the BPP and BCCSE and the content of his speeches, his association with Beckett, and his communications with the German government. It also alleged that he desired to establish a National Socialist regime with the assistance of the German army and harboured German agents. The more specific Statement of Case revealed that the latter allegations had been made by Harold Kurtz.
The Kurtz allegations
Kurtz was an MI5 agent who posed as a National Socialist German agent recently released from internment in Britain. Kurtz entrapped Greene with another MI5 agent, Gaertner, as witness and alleged that Greene had helped him avoid further internment and clandestinely communicate with Germany, and had told him ways of leaving the country undetected. Kurtz also claimed that Greene had told him that there were "men in this country ready to take over the government after a German victory, men trained in and filled with the proper spirit of National Socialism—a British National Socialism".Greene denied these serious allegations, claiming that he had reported Kurtz's suspicious behaviour to the police. The police denied Greene's defence and there is evidence that Maxwell Knight had coached the police into lying.
First hearing of the Advisory Committee
Greene challenged his detention at the Advisory Committee headed by A. T. Miller on 24 July. Though the committee were anxious to hear from the MI5 agents, MI5 refused to allow them to attend, and the committee accepted the agents' statements as "substantially accurate". Greene's detention was confirmed.The Lord Chancellor's Department
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales....
was advised and Greene was informed on 10 October of the intention to remove him as a JP and offering him the face-saving alternative of resignation. Greene was removed as a JP on 8 November.
Greene's appeal
Greene's brother Edmund sought legal advice from Oswald HicksonOswald Hickson
Oswald Squire Hickson was an English lawyer, particularly known for his work in defamation litigation and in human rights cases during World War II....
who had been active in internment cases, from a liberal rather than a fascist motive. Hickson wrote to the Advisory Committee to protest that the Reasons for Order gave no particulars of persons making the allegations. The committee spurned Hickson's approach so he applied for a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. The application was heard by the Divisional Court
Divisional Court
A Divisional Court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. Matters heard by a Divisional Court include some criminal cases in the High Court as well as certain judicial review cases...
on 21 May 1941 and Greene represented himself. The Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
was nervous. Greene was well known in political circles and the allegations were serious, a rash of habeas corpus applications from other internees would be unwelcome, and there were dangers that MI5 agents could become compromised.
The court dismissed Greene's application, confident that so articulate and well-connected an internee could not have been prejudiced by the procedure. They were, however, unhappy with technical errors in the drafting of the detention order and criticised the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, suggesting a rehearing.
Greene appealed to the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
while the Home Office reissued the order and Reasons, now naming Kurtz and Gaertner, confirming Hickson's suspicions.
The appeal was heard by Lords Justice of Appeal Scott
Leslie Scott (UK politician)
Sir Leslie Frederic Scott, KC, PC was a Conservative Party politician in the United Kingdom, and later a senior judge....
, MacKinnon
Frank Douglas MacKinnon
Sir Frank Douglas MacKinnon was an English lawyer, judge and writer, the only High Court judge to be appointed during the First Labour Government.-Early life and legal practice:...
and Goddard
Rayner Goddard, Baron Goddard
Rayner Goddard, Baron Goddard was Lord Chief Justice of England from 1946 to 1958 and known for his strict sentencing and conservative views. He was nicknamed the 'Tiger' and "Justice-in-a-jiffy" for his no-nonsense manner...
on 15 to 16 July. They rejected the appeal on 30 July. Scott delivered the judgment of the court. The court was not able to question the discretion of the Home Secretary, honestly exercised.
Greene appealed to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and his case was joined with that of fellow appellant detainee Robert Liversidge
Robert Liversidge
Robert William Liversidge , formerly Jacob Perlsweig, was a British Jewish businessman, whose activities sometimes attracted the attention of the police and intelligence services, a reputed spy, and subject of a cause célèbre as an internee in World War II Britain.-Early life:Liversidge's parents,...
. The case was heard as Liversidge v. Anderson
Liversidge v. Anderson
Liversidge v Anderson [1942] AC 206 is an important and landmark case in English law which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times of national emergency. It concerns civil liberties and...
and the decision of the Court of Appeal upheld on 3 November.
Second hearing of the Advisory Committee
In the mean time, Greene's brother Edmund and Hickson had succeeded in turning the tables on Kurtz and discrediting his evidence, though too late for the House of Lords.A second hearing by the Advisory Committee was convened in November. They now rejected Kurtz's allegations as discredited, and accepted Greene's undertaking not to hinder the war effort and to avoid Beckett and Hastings Russell, 12th Duke of Bedford
Hastings Russell, 12th Duke of Bedford
Hastings William Sackville Russell, 12th Duke of Bedford MA , nicknamed Spinach Tavistock, was the son of Herbrand Russell, 11th Duke of Bedford....
. Greene's detention order was revoked on 9 January 1942.
A remedy for Greene
Greene sued in damagesDamages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
for libel and for false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
. The case was hopeless. The purported libel was that in the Reasons for Order which was protected by privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
and whose author was in any case unknown. To succeed for false imprisonment, Greene would have to prove that the Home Secretary made the detention order with no honest
Dishonesty
Dishonesty is a word which, in common usage, may be defined as the act or to act without honesty. It is used to describe a lack of probity, cheating, lying or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness...
belief in the facts stated therein.
Hickson withdrew the action before the final judgment and costs
Law of costs
Costs is a term of art in civil litigation in English law , and in other Commonwealth jurisdictions. After judgment has been given, the judge has the power to order who will pay the lawyers' fees and other disbursements of the parties...
of GBP1,243 were awarded against Greene. Though proceedings were started to bankrupt Greene, these were never brought to court.