§ THE EARL OF MINTO,in moving for Returns upon this subject, apprehended that the Government would have no objection in granting what he desired; but the question in the latter part of the Motion involved a proposal entirely novel, and one to which there might be a little objection. He submitted, however, that it was only right and reasonable that when it was known that investigations into cases of death under suspicious or unknown circumstances were being made, the results should be communicated to the public. The way in which he proposed this should be effected was, that the procurator fiscal should communicate the information to the Clerk of the Commissioners of Supply, and the reason why he selected that official was that he was the clerk of the representative body of the proprietors, who were responsible for the expenses of the county. Therefore, he thought the Clerk of Supply was the proper officer to whom this information should be given. He hoped the Government would agree with his proposal. The noble Earl concluded by asking Her Majesty's Government whether they are disposed to give instructions that a Return of the number of cases of sudden death or of death under suspicious or unknown circumstances which have been the subject of precognition by procurators fiscal in each county in Scotland should be com- 343 municated monthly to the Clerk of Supply of each such county, with a statement of the result of the inquiry in each case, and specifying the cases in which the investigations were from the first connected with charges of murder, culpable homicide, &c.?
§ Moved for,
- 1. Return from each county in Scotland of the number of cases of sudden death or of death under suspicious or unknown circumstances which have been the subject of precognition by procurators fiscal in each of the years 1879 and 1880; specifying the number of such cases as have been the subject of criminal trials: Such Returns not to include cases in which the investigations were from the first connected with charges of murder, culpable homicide, &c.:
- 2. Similar Return from each county in Scotland of the cases in which the investigations were from the first connected with charges of murder, culpable homicide, &c.—(The Earl of Minto.)
THE EARL OF DALHOUSIE,in reply, had to say, on behalf of the Government, that there was no objection whatever to grant the Returns which had been moved for by the noble Earl. As to the Question with which the noble Earl had concluded, the Government would endeavour to give such instructions as would have the effect of attaining the object which the noble Earl had in view. The instructions at present to the procurators fiscal were that communications between parties in suspected cases should be regarded as strictly confidential, and also that the criminal investigation at the instance of the Crown should also, in a strict sense, be private and confidential, but in practice, when, in the course of inquiry, the procurator fiscal was asked by parties outside to give information, he then communicated with the Crown Agent, who consulted the Advocate Depute as to the advisability of his doing so. The Secretary of State for the Home Department would give such instructions as would meet the noble Earl's views.
§ THE EARL OF MINTOMay I ask to whom the information will be given?
THE EARL OF DALHOUSIEThe information will, of course, be in the hands of the fiscal, who will give it, if so advised by the Advocate Depute, to the party who asks for it.
§ Motion agreed to.
§ Returns ordered to be laid before the House.