HC Deb 21 November 1974 vol 881 c1514
14. Mr. Gould

asked the Secretary of State for the Home Department whether he will consider seeking to give statutory effect to that part of the Judges' Rules which guarantees the right of an arrested person to have access to a solicitor.

Mr. Alexander W. Lyon

My right hon. Friend has at present no proposals for legislation on this subject.

Mr. Gould

Is the Minister aware of the study which has just been made on this subject, which confirms the widespread impression that the police ignore the rules in many cases? Does he agree that there is little point in having a so-called rule which is ignored in practice and which is not enforceable by the courts?

Mr. Lyon

My hon. Friend's question points to the difficulty, which is not that of having a rule but, rather, of seeing that it is enforced. What we are doing is discussing with the police how the rule can be better enforced administratively. I hope that that will lead to an improvement in the situation.

Mr. Lawrence

Is the Minister aware that it is the experience of many practitioners at the Criminal Bar in London that this rule is being honoured far more in its breach than in its observance, and that some steps ought to have been taken a long time ago to make sure that the rule was observed in its spirit? Will he say how long chief constables have been considering the proper administration of this rule?

Mr. Lyon

All I can tell the hon. Gentleman with certainty is that we have had the matter before us for the period that we have been in office. We are bringing pressure to bear to see that the rule is enforced among all police forces.