§ 24. Mr. Raphael Tuckasked the Secretary of State for Scotland if he will give an assurance that he will take steps to ensure that the action taken in the case of Mr. Gerald Donnelly, who was arrested in Reading and conveyed in custody to Glasgow, having been charged with a speeding offence, is not permitted to occur again in such circumstances.
§ Mr. RossI would refer to the Answer given to the hon. and learned Member for Edinburgh, Pentlands (Mr. Wylie) on 2nd December. Following on this incident, the procurator fiscal, Glasgow, took immediate steps to draw the attention of his staff to the standing instructions by the Lord Advocate which are intended to prevent this type of occurrence.
§ Mr. TuckIs my right hon. Friend aware that when this man, who had pleaded guilty and had then heard no more about it, went to Reading Police Station in answer to a summons he was thrown in a cell for 22 hours, was then taken to Scotland and was thrown into a cell there for 12 hours, was then taken to court handcuffed to two other prisoners, and then fined £5, after which he had to make his way back to London under his own steam? Does my right hon. Friend not think that this is a disgrace in a so-called civilised society.
§ 29. Mr. Stodartasked the Secretary of State for Scotland if Mr. Gerald Donnelly, who appeared in Glasgow recently to answer a charge of exceeding the speed limit, was handcuffed while being taken from prison to the sheriff court.
§ Mr. StodartCan the right hon. Gentleman say under what heading handcuffs were used on this occasion? Since the headings which he gave to my hon. and learned Friend the Member for Edinburgh, Pentlands (Mr. Wylie) were that either violence was anticipated or that an attempt at escape or rescue might be made, what on earth caused the use of handcuffs in this case?
§ Mr. RossAs the hon. Gentleman knows, discretion is given to the police in respect of the safe custody of prisoners between stations and the courts in Glasgow. Flow the police use that discretion is a matter for them. General guidance is giver and I am discussing with the Chief Constable of Glasgow this whole question and whether arrangements other than those existing at present should be made.
§ Mr. YoungerIs it not absolutely shocking, irrespective of the case of this gentleman, that any prisoner should be handcuffed unless there is a real danger of him trying to escape?
§ Mr. RossThe hon. Gentleman should try to appreciate the facts and the circumstances under which the police must operate. In some cases they deal with prisoners in batches of probably 30. What an outcry there is if one of them escapes or there is trouble in an attempted escape. We must give a certain discretion to the police in this respect and, I agree, watch that it is used wisely.
§ Mr. WylieWould the right hon. Gentleman not agree, while accepting all he has said about the difficulties of the police, of which we are well aware, that in this case there was no justification whatever for applying handcuffs to this man?
§ Mr. RossIt is because of that that we are discussing what arrangements could be made with the Chief Constable of Glasgow.
§ 30. Mr. Stodartasked the Secretary of State for Scotland if, in view of the Lord Advocate's regret at the treatment given to Mr. Gerald Donnelly recently, he will reimburse Mr. Donnelly for his expenses in getting home from Glasgow to Reading.
§ Mr. RossIn the special circumstances of this case, if Mr. Donnelly makes a claim for reimbursement of these expenses it will be considered.
§ Mr. StodartI thank the right hon. Gentleman for that satisfactory reply. Does he agree that while we have all been proud of the reputation of the civilised nature of the Scottish legal system, it was badly tarnished by this episode?