HC Deb 20 November 1974 vol 881 cc1312-4
39. Mrs. Winifred Ewing

asked the Lord Advocate if he will initiate steps to fuse the two branches of the legal profession in Scotland.

The Lord Advocate (Mr. Ronald King Murray)

No. The initiative properly lies with the representative bodies of the two branches of the legal profession in Scotland—the Faculty of Advocates and the Law Society of Scotland.

Mrs. Ewing

Is not this a way in which the Lord Advocate is almost denying his own function? As the holder of high office, whose powers are nowhere laid down or limited, cannot he give the House the benefit of his opinion on the question whether there is a problem for the public purse in a situation where three lawyers are often involved in a case where one would do? As the legal aid fund, which is public money, has to meet the bill, will not the right hon. and learned Gentleman give us his views? Has he read the recent speech by Lord Goodman, and is he in touch with the moves in the English legal profession on the matter.

The Lord Advocate

The hon. Lady has made a number of comments about me which I must disclaim. By and large, the consumer is probably better served by numbers. There is safety in numbers in all matters, including this one. The broader issue of fusion of the legal profession is not a matter for the Lord Advocate, although I do not deny that he could take an initiative in regard to it. It is a matter in which the issues are not clear. I am open-minded about it. I think that the arguments on both sides are evenly balanced. There are arguments for and against fusion of the legal profession.

Mr. Rifkind

Is the Lord Advocate aware that the views of the hon. Member for Moray and Nairn (Mrs. Ewing) are not representative of those of either side of the legal profession, including her own? Will the right hon. and learned Gentleman resist any attempt to end a service to the people of Scotland which has stood the test of time remarkably well over hundreds of years?

The Lord Advocate

There is force in what the hon. Gentleman says, but I think he goes too far. This is not a matter in which it would be illegitimate to look at the services provided in order to decide whether the present arrangements are the best in the circumstances.

Mr. Buchanan

Has my right hon. and learned Friend had any representations from either branch of the, legal profession or from the police regarding the confession by Mr. George Mair about he and others having practised euthanasia in hospitals in which they have had some control?

The Lord Advocate

My hon. Friend has raised the matter which goes a little wide of a Question. Crown Counsel, on my behalf, have studied Mr. Mair's book with care, and I have read the relevant passages. Although at the top of one page the author makes vague and unspecific claims to have coped with one or two cases of euthanasia in England, he does not claim to have done anything of the kind in Scotland. I am satisfied that the book does not provide prima facie evidence of any criminal homicide in Scotland.