Mr Alistair Carmichael (Shadow Minister (Northern Ireland), Northern Ireland Affairs; Orkney & Shetland, Liberal Democrat)

I find it difficult to share the hon. Gentleman’s concerns. I note that the offence is only triable summarily. My recollection is that under the terms of the Criminal Procedure (Scotland) Act 1995, summary prosecutions can only be brought in Scotland by the procurator fiscal acting on behalf of the Lord Advocate. There is no scope for anyone else to prosecute in summary courts, with the exception of truancy offences, which can still be brought by local education authorities. I presume that that is why the point is properly made in the explanatory notes that the process will be carried out by the procurator fiscal.

In my view, this is the sort of situation in which the prosecution ought to be brought by the Director of Public Prosecutions acting in the public interest, as would be the case north of the border by the equivalent officers there. I will not go too far into this because I respect the fact that English and Welsh jurisdiction has always taken a different approach to the question of who brings prosecutions and there is a much wider range of bodies with that entitlement. I cannot pretend to understand why that should ever have been the case, but there are many things in England and Wales that I do not understand, which I merely have to accept.

I can certainly see circumstances in respect of which the offence would be very grave, so why is it to be tried summarily only? In a case of significant national importance, the route should be open to bring a prosecution on indictment. That does not seem to be open to the court. The maximum penalty is level 3 on the standard scale, which, from recollection, is about £1,000—I might be wrong about that—or six months imprisonment, which is the statutory maximum for a summary court in Scotland.

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