Questions to Ministers

Part of Oral Answers to Questions — House of Commons Disqualification Act 1975 – in the House of Commons at 12:00 am on 13 March 1979.

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Photo of Mr Ronald Murray Mr Ronald Murray , Edinburgh Leith 12:00, 13 March 1979

I can give that assurance, with one exception. The one case known to be abandoned in Dunoon was that of an American Service man who was due to appear in court on a drinking and driving charge, but he was also due to leave for the United States of America. The decision made was that in the broad interests of justice it would have been undesirable for him to have been kept in this country. I do not know whether the United States forces would have been required to detain him in custody, but it would have been necessary for him to be kept in this country merely for that purpose. The decision was made that that case should be abandoned. I think that that was a correct decision.

However, I can give the general reassurance that I think the hon. Gentleman requires, that no material case will be abandoned in this way.

As for the size of the backlog, I cannot give any reassurance to the House. In a parliamentary answer to which reference was made earlier, I have given an indi- cation of the scale of the problem as it exists from when the strike began, less than three weeks ago. Some thousands of summary cases and some hundred or more of sheriff and jury cases are involved. Quite obviously, if the strike goes on for a material length of time, the number of cases that will be placed into the backlock will increase in proportion to the lapse of time. I cannot give any reassurance about it, except to repeat what I have already said to the hon. Member for Glasgow, Cathcart (Mr. Taylor) that these are not cases that will be abandoned; they will be postponed. Again, that will be subject to the normal discretion that the prosecutor has to exercise all the time.

I think I am bound to point out that one of the factors to be borne in mind is that where undue delay for one reason or another is already affecting cases, and if a delay of many months perhaps were to occur as a result of this strike, obviously in some of these cases one would be bound to reach a decision that the total delay would be so long that it would be unconscionable to press these cases any further.

However, I can give a general reassurance, not as to the size of the backlog, but that it is my intention to ensure that all of the cases in the backlog are pursued to prosecution where that is appropriate, in accordance with the normal canons. I shall deal with the mechanics of that, because hon. Members have pressed me to say how I propose to do it and how it can be tackled.

My hon. Friend the Member for Gars-cadden made a third point, in regard to the 110-day custody rule. I think I can reassure him on this. In the emergency legislation announced by my right hon. Friend, we are seeking to take a power. Obviously, if one makes provision that during the period when the courts are not in operation detention that otherwise would count in the 110 days should not be computed for that purpose, it would mean—and I think the hon. and learned Member for Kinross and West Perthshire (Mr. Fairbairn) pressed the point strongly—that a number of people would be in custody for a period longer than they ought to be under the statutory provisions. Although that would be unavoidable, this power would not be exercised to the full. In no case would anybody be detained under this power for any longer than was absolutely necessary.

A review has taken place since industrial action began and some of the 39 people who were in custody under the 110-day rule whose cases have been reconsidered have been released without condition at the moment.