DR. CAMERONasked the Lord Advocate, Whether Mr. John Macrae, procurator fiscal for Orkney, is the private agent of General Burroughs; whether, in connection with proceedings consequent on the receipt of a threatening letter by General Burroughs, Mr. Macrae proceeded to the Island of Rousay in a gunboat, along with the superintendent of the Kirkwall police, and arrested Frederick Leonard and Samuel Mainland, lads of fourteen and fifteen years of age respectively, and sons of obnoxious crofters; whether Leonard was examined as a person suspected of complicity in the crime, or as a witness; if as a prisoner, would he explain why was he not examined in the presence of 858 the sheriff, and if as a witness, why was he made to give specimens of his handwriting by writing to the fiscal's dictation; whether Mainland was arrested and brought to Kirkwall for examination as a witness or a suspected party; if as a witness, why was he not cited for precognition in the usual manner, and why was he examined before the sheriff, and, if as a prisoner, why was he not detained in the hands of the police until examined, and whether he received the usual caution that anything he said would be used against him; whether it is a fact that Mainland was subjected to two hours' examination and made to sign his name several times; and, if he would lay before the House a copy of the boys' precognitions or declarations, and also of the warrants, if any, under which they were arrested?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)Sir, I am informed that Mr. Macrae, the Procurator Fiscal, is the private law agent of General Burroughs. In connection with a threatening letter received by General Burroughs, the Sheriff of the county accompanied by the Procurator Fiscal, and the Superintendent of Police, who is also a Sheriff's officer, went in a gunboat, which was then at the service of the Sheriff, as member of the Fishery Board, to the Island of Rousay. Frederick Leonard was not arrested, but voluntarily gave evidence in precognition as a witness. The Procurator Fiscal states that when Leonard's examination was concluded, he was satisfied that he could give no information bearing on this charge, and he then asked him to give a specimen of his handwriting for the boy's exoneration. Mainland was arrested on suspicion under warrant of the Sheriff, and brought to Kirkwall. He was permitted by the police officer, on his own responsibility, to sleep with his brother, instead of being detained in prison. He did receive the usual caution from the Sheriff. His declaration was very carefully taken by the Sheriff, and occupied something over an hour. He signed each page in the usual way, as well as the marginal additions. The case is still under investigation, and I must decline to depart from the invariable rule under which the precognitions are kept private, and also the declarations, while inquiry is pending. I have, however, no objection to lay on the Table 859 of the House the warrant for Mainland's apprehension, if it is desired.
§ SIR GEORGE CAMPBELLMay I ask whether any measures are in progress to obviate the scandal of allowing a public officer like the Procurator Fiscal being at the same time private agent for other parties?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)That question was very fully gone into by the Royal Commission of 1868, appointed to examine into the administration of justice in Scotland. Speaking from memory, I may say that the majority of the Commissioners thought that there should be no absolute rule laid down against Procurators Fiscal accepting private business; but in point of practice recently, where the salary has been such as to make it possible to obtain a suitable person, who would devote himself exclusively to the duties of Procurator Fiscal, we have made it our business to obtain such a person.
§ MR. MACFARLANEIs it not a common practice for one person to be jointly Public Prosecutor and private agent? Does the hon. and learned Gentleman think that this tends to the proper and impartial administration of the law?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)Except in a very few of the larger places in Scotland, the salary is certainly not such as would obtain the sole services of the proper sort of official for the post; and accordingly it is for the public to consider whether they will pay a very largely increased salary to obtain such sole services. Further, the question is not one of money only, but also of efficiency. Even if Prosecutors Fiscal were uniformly confined exclusively to their public duties, they would in many of the smaller places have little to do, and, therefore, would possess very much less of the qualifications necessary for the efficient discharge of their duties than they now have, from being men actively engaged and experienced in business. I am bound to say, speaking for the Procurators Fiscal of Scotland as a body—and I see no reason for making an exception in this case—that whenever they find, even those who are not restrained by the terms of their office, that there is the least likelihood of there being even any apparent conflict between the discharge of their public duty 860 and their private business, they surrender their private business in favour of their public duty.
§ MR. MACFARLANEI beg to give Notice that, on an early day, I will call attention to this subject, and move a Resolution.