Results 81–100 of 440 for speaker:Mr Derek Spencer

Schedule 1: Repeals (31 Oct 1995)

Mr Derek Spencer: I invite the House to reject the amendment, if the hon. Member for Thurrock (Mr. Mackinlay) persists with it. He is quite wrong to suggest that the Bill has any effect on the constitution of any other country. It says quite explicitly that it affects only the law of the United Kingdom and the Isle of Man. I repeat that it will not have any effect on the law of any other country. Out of...

Premises Occupied Under Leases: Statute Law (Repeals) Bill [Lords] (31 Oct 1995)

Mr Derek Spencer: I shall deal first with the point exercising the mind of the hon. Member for Greenock and Port Glasgow (Dr. Godman). I think that I can reassure him about the workings of the Bill in relation to the Herring Fisheries (Scotland) Acts 1821 to 1890: only the collective short title of the Acts is repealed by the Bill. The contents of the Acts were repealed between 1934 and 1984. The one exception...

Premises Occupied Under Leases: Statute Law (Repeals) Bill [Lords] (31 Oct 1995)

Mr Derek Spencer: The hon. Gentleman is no doubt aware that we are in the Hallowe'en season, and that we are fast approaching Christmas, but I have not just fallen off a Christmas tree. I have no intention of giving any such undertaking, which will not surprise him. I wish to answer the point made by the hon. Member for Brent, South (Mr. Boateng), who asserted that there was a "logjam" in law reform and in...

Premises Occupied Under Leases: Statute Law (Repeals) Bill [Lords] (31 Oct 1995)

Mr Derek Spencer: I fear that the hon. Gentleman is incorrect. When the then Home Secretary, Sir John Simon, moved the Regency Bill in this House, he made its function clear. He was explicit in explaining how it affected only the sovereign in the circumstances that I outlined. I can assure the hon. Gentleman that there is no constitutional impediment and no discourtesy in regard to the proposed repeal. The...

Premises Occupied Under Leases: Statute Law (Repeals) Bill [Lords] (31 Oct 1995)

Mr Derek Spencer: I beg to move, That the Bill be read a Second time. The Bill promotes the reform of statute law by the repeal, in accordance with the recommendations of the Law Commission and the Scottish Law Commission, of enactments that are no longer of practical utility. The Bill, which proposes the repeal of 223 whole Acts or orders and the removal of redundant provisions from 259 others, represents...

Schedule 7: Merchant Shipping Bill [Lords] (5 Jul 1995)

Mr Derek Spencer: I beg to move, That the Bill be now read a Second time. The Merchant Shipping Bill, the Shipping and Trading Interests (Protection) Bill and the Goods Vehicles (Licensing of Operators) Bill are consolidation Bills which resulted from the work of the Law Commission and the Scottish Law Commission. The Merchant Shipping Bill is closely linked to the Bill that follows it, and perhaps the House...

Oral Answers to Questions — Attorney-General: Director of Public Prosecutions (26 Jun 1995)

Mr Derek Spencer: The target which my right hon. and learned Friend the Attorney-General has agreed with the Crown Prosecution Service for replies to correspondence from hon. Members is 15 working days. In 1994, that target was met in 77 per cent. of cases.

Oral Answers to Questions — Attorney-General: Director of Public Prosecutions (26 Jun 1995)

Mr Derek Spencer: I am very surprised at the hon. Gentleman's petulant tone. In letters which he wrote to the Director of Public Prosecutions he was at pains to acknowledge her independence. Indeed, he said expressly that that was why he was writing to her rather than to anyone else. The director has considered the matter extremely carefully, independently, having in mind that the primary responsibility for...

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (26 Jun 1995)

Mr Derek Spencer: During the year ending March 1995, cases in respect of 1,477,617 defendants were finalised by the Crown Prosecution Service. In the magistrates courts 161,429, or 11.7 per cent. of proceedings instituted, were discontinued compared with 12.5 per cent. and 13.5 per cent. for the two previous years.

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (26 Jun 1995)

Mr Derek Spencer: I join my hon. Friend in welcoming that trend. He should be aware that the consultation survey that took place on discontinuance showed that in 74 per cent. of all cases discontinued, the police agreed with that decision in 96 per cent. of those cases. In 29 per cent. of discontinued cases,the CPS had no option but to discontinue because witnesses either did not attend or refused to go to...

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (26 Jun 1995)

Mr Derek Spencer: The hon. Gentleman is wrong in speaking of a growing number of cases. I repeat that it is not a growing number of cases. Such cases are few and far between. When the House passed the Prosecution of Offences Act 1985 it was astute in leaving with citizens the right to initiate a private prosecution if they so wished. Only very occasionally does the private citizen feel obliged to do that.

Oral Answers to Questions — Attorney-General: Incitement to Racial Hatred (22 May 1995)

Mr Derek Spencer: The offences created by part III of the Public Order Act 1986, of which section 18 is but one, provide very full powers for investigation, prosecution and punishment of incitement to racial hatred.

Oral Answers to Questions — Attorney-General: Incitement to Racial Hatred (22 May 1995)

Mr Derek Spencer: I am very surprised at the hon. Gentleman's comment in view of the fact that on 3 May my right hon. and learned Friend the Attorney-General, in a written reply, invited the hon. Gentleman to send any evidence he had about a criminal offence to the chief officer of police involved. When I inquired this morning whether any such letter had been received, I was notified that none had. In case the...

Oral Answers to Questions — Attorney-General: Incitement to Racial Hatred (22 May 1995)

Mr Derek Spencer: I can assure my hon. and learned Friend that there is no lack of will to prosecute. The up-to-date figures in respect of applications under part III of the Public Order Act are as follows: There have been 21 applications, 16 have been granted, four were declined and one is under consideration. The House will be aware that in the everyday experience of the courts, most racially-motivated crime...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: Let me first congratulate the hon. Member for Rhondda (Mr. Rogers) on obtaining the debate, which raises an important subject, not only for his constituent, but for the public at large. Although I have listened with sympathy and interest to the points that he has raised, I am afraid that I cannot adopt the epithets which he has used to describe the events surrounding Donna Tutton's case. It...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: No files were lost in this case, and if the hon. Gentleman will bide his time, I shall explain to him what happened. The decision to prosecute an individual is a very serious step. Fair and effective prosecution is essential to the maintenance of law and order. No doubt all hon. Members will agree with that. In every case, the prosecution has serious implications for everybody involved—on...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: In that case, my point is already made—but many people do not realise it, and the hon. Gentleman cannot blame me for taking advantage of the occasion to give wider publicity to that which the hon. Gentleman knows from personal experience. The hon. Gentleman will realise that it is often necessary later to amend or add to the charge, or even on occasions to withdraw proceedings, for a...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: I listened to the beginning, middle and end of the hon. Gentleman's speech. I hope to answer all aspects of his questions before I finish. I described the general process that is followed in all cases, so that it might be made plain and to draw any suggestions in various quarters that some sinister process is undergone by CPS lawyers, which is not so. They approach cases in the way that I...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: I shall certainly give way, but I am just coming to what I see as the guts of the case: in the light of the foregoing, why did the case not proceed? I shall explain. The evidence that the lawyer at the CPS had to consider at this stage had to be looked at against the criteria that I have outlined. Was there a realistic prospect of conviction; if so, was a prosecution in the public interest?...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: I am not a conjuror: I am not going to pull a rabbit out of a hat. But I am going to be able to explain, if the hon. Gentleman will contain himself, how it is that, unlike the DPP, I can now explain the reasons. The hon. Gentleman can take credit; his persistence led to the coming to light of some further material. He has performed a signal service for his constituent by pursuing the...


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