Orders of the Day — Penalties for Murder Bill

Part of the debate – in the House of Commons at 12:00 am on 26 January 1973.

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Photo of Mr Norman Wylie Mr Norman Wylie , Edinburgh Pentlands 12:00, 26 January 1973

My hon. Friend knows that questions of principle with which we are dealing here are appropriate for Second Reading and not for Committee stage discussions. These two reports have served a most useful purpose. They both come out clearly in support of the life sentence for the crime of murder and state unequivocally that many criticisms of the system are based upon what Emslie described as inadequate knowledge of the realities of that penalty. It seems to me to be the duty of all of us who have a material part to play in influencing public opinion to ensure that the realities of this awesome sentence are appreciated by the public. Where we differ is essentially whether as at present the recommendation of a minimum period of detention should be an exception or, as Emslie recommends, the general rule.

The English view is that the regular use of this power would detract from the deterrent effect. The Scottish Committee suggests on the contrary, that it would sharpen the deterrent effect because it feels that its proposal would enhance the judicial influence on the implementation of the penalty and that the public would have more confidence in a system where the judiciary played a more positive rôle than at present. But to impose the Scottish view on England and Wales and on the English judges who would have to operate the system would certainly call for the most anxious consideration.

Equally, it would be unthinkable to reject the considerations of the Scottish Committee, which was broadly based and which was presided over by the Lord Justice General of Scotland, simply because its recommendations might be deemed inappropriate for implementation south of the border. It hardly needs to he said that its recommendations must carry very great weight with Scottish Ministers and I assure the House that those recommendations will receive the most careful consideration.