HC Deb 14 June 1906 vol 158 cc1151-2
MR. WILKIE (Dundee)

I beg to ask the Lord Advocate whether he is aware that none of the offences and contraventions under The Burgh Police (Scotland) Act, 1892, and relative Acts, are prosecuted within the burgh of Dunblane; that the town council of Dunblane are desirous of having these matters attended to, but, in consequence of the refusal of the county police, for which the burgh is being assessed, to carry out the orders of the magistrates, these offences are not being attended to; and will he give instructions to the county police to obey the orders and warrants of the magistrates.

MR. SHAW

I understand that certain minor offences under the Burgh Police Acts are not being prosecuted at the present time, owing to a dispute between the Town Council of the Burgh of Dunblane and the Standing Joint Committee of the County of Perth as to the attendance of the Police at the Burgh Police Court. The Burgh authorities have power under the Burgh Police (Scotland) Act of 1892 to require the attendance of the Police upon the terms specified in Section 81. The Burgh authorities have hitherto not exercised this statutory power, and, it is understood, decline to do so. In the difference which has thus arisen between the Burgh and the County authorities neither the Secretary for Scotland nor the Lord Advocate has any authority to interfere.

MR. WILKIE

Who has power, then, to interfere?

MR. SHAW

It is a matter solely for the burgh authorities. The offences are offences under the Burgh Police Act, but I understand that a small financial dispute between the county and the burgh has prevented the police doing their duty.

MR. MORTON

Am I to understand that the Lord Advocate is not the superior officer concerned in this matter?

MR. SHAW

That is a question which I would rather not answer off-hand.

MR. MORTON

Will the hon. Gentleman be good enough to look up a case in connection with the Dumfries County Council in which Lord Robertson expressed the opinion that in these cases the Lord Advocate is the superior officer.

MR. SHAW

Perhaps the hon. Member will give me the reference so that I may look it up.