§ 2. Mr. Gowerasked the Secretary of State for Scotland if he will take steps to permit private prosecutions in Scotland for assault, as in England and Wales, without the concurrence of the Public Prosecutor; and if he will make a statement.
§ Mr. N. MacphersonNo, Sir. My right hon. Friend is not aware of any demand in Scotland for such a change in the existing system of prosecution, which has worked satisfactorily for many years.
§ Mr. GowerDoes not this question spotlight what would seem to be a defect in what is otherwise agreed to be an excellent system of law in Scotland? Without saying anything about the Waters case, the result of the inquiry into which has not yet been announced, does not the Minister recognise that no such case could arise in England and Wales because in such a case in England and Wales it would be the court which would decide whether there was a case to answer?
§ Mr. MacphersonI think my hon. Friend will appreciate that it would hardly be possible to debate the merits of the Scottish and English systems in this regard at Question Time. I can only say that the system in Scotland has long been accepted as satisfactorily protecting the interests of the individual.