HC Deb 21 December 1927 vol 212 cc406-7
57. Mr. JOHNSTON

asked the Lord Advocate whether the proceedings against Ewen McLennan and Neil McDonald, of Scarristaveg, Harris, for breach of interdict were taken with the concurrence of the procurator fiscal for the Long Island district of Invernessshire; whether he is aware that these men were arrested and conveyed to Lochmaddy, 50 miles away, when they were ordered to lodge written answers by 5th January and then released; and why they were not ordered to lodge the written answers without the indignity of arrest as common criminals?

The LORD ADVOCATE (Mr. W. Watson)

The facts are as stated in the first two parts of the hon. Member's question, except that the distance between Scarristaveg and Lochmaddy is under 25 miles. With regard to the last part of the question, I would point out that it is the usual practice for the Court to require the personal presence of the respondent in a petition and complaint for breach of interdict, and that, where a citation to appear is not complied with and no reasonable excuse for non-compliance is tendered, the proper course is to grant warrant to apprehend. I see no reason to suppose that there was any departure from the normal procedure in the present case. I would remind the hon. Member that the concurrence of the procurator fiscal in such proceedings is given in ordinary course, where he is satisfied that there is a prima facie case, and that I have no responsibility for the citation or subsequent proceedings.

Mr. JOHNSTON

Is the right hon. Gentleman aware that, in response to a question which I put in this House a week ago, concurrence on the part of the Department officials was denied? In view of these circumstances, can he take no steps to see that the law is operated with some degree of humanity and justice?

The LORD ADVOCATE

I am not aware of any such statement.

Mr. JOHNSTON

In view of the answer given on behalf of the Government, I beg to give notice that I will raise this question on the Adjournment to-night.

Mr. KIRKWOOD

rose—

Mr. SPEAKER

Notice has been given that the matter is to be raised in Debate.