HC Deb 19 June 1975 vol 893 cc1661-4
13. Mr. Newens

asked the Secretary of State for the Home Department what further consideration he has given to proposals to limit the use of the charge of conspiracy.

Mr. Roy Jenkins

I have been considering whether any changes are desirable before the completion of the Law Commission's review of the law of conspiracy. I hope to reach a decision fairly soon.

Mr. Newens

Is my right hon. Friend aware that the charge of conspiracy has recently been used in a number of political and industrial cases besides that involving the Shrewsbury pickets—as, for example, in the case of the 21 Iranian students who took part in a purely peaceful sit-in at the Iranian Embassy? Does he not agree that it is undesirable to transform comparatively trivial activities into serious offences by the use of the charge of conspiracy? Will he do something to bring this situation to an end before the Law Commission reaches its conclusions?

Mr. Jenkins

I am aware that there are certain unsatisfactory features about the law of conspiracy. I am also aware that the Law Commission is looking at the matter, and that before it has reached its conclusions it may be reasonable to deal with certain matters relating to the restriction of penalties, which are very large indeed in relation to substantive offences. I am considering this matter at present. I have no definitive statement to make at the moment. As my hon. Friend is aware, prosecutions in individual cases are not matters for me, and it would be improper for me to comment on them.

Mr. Adley

Will the Home Secretary not pay too much attention to barrack-room noise inside and outside the House on this question, because these matters are of current concern to many people? Is he aware that if changes are made within a short space of time, many people may gain the impression that the Labour Government are susceptible to pressures from certain quarters which find certain decisions not to their taste. Will he take note of the important point that the whole country looks to him to uphold the rule of law?

Mr. Jenkins

I always endeavour to pay due regard to representations and points made from one side of the House or the other.

Mr. Skinner

In view of the continued imprisonment of the Shrewsbury two who were put in prison as a result of conspiracy charges laid against them, does not my right hon. Friend regard himself as somewhat lucky to have escaped the Cabinet reshuffle, in view of the fact that he refused to carry out the decision of a Labour conference, while those in the Cabinet who have carried out Labour conference decisions have been moved to different offices? Will the Home Secretary now redeem himself—not in the eyes of the Opposition, but in the eyes of Those who tramped the streets of Birmingham to put him in his present position—by releasing the Shrewsbury two immediately?

Mr. Jenkins

No, Sir. That answer applies to the five separate questions which the hon. Gentleman asked me.

Mr. Skinner

There may be more.

Mr. Jenkins

The hon. Gentleman is no doubt anticipating Question No. 19, which, in view of the time factor, is perhaps a sensible course for him to take. I have made clear throughout that my intention and my duty is impartially to uphold the law.

Mr. Alison

Since this Question has overflowed into the issue of the Shrewsbury two, will the Home Secretary realise that his detached and judicious approach to these two people has the overwhelming support not only of the whole House, but of the country at large—and particularly of the Campaign for Democratic Socialism?

Mr. Jenkins

I think that the Campaign for Democratic Socialism wound itself up some years ago, so I am not sure that reference to that organisation is of great relevance. I have made clear throughout this matter that I do not seek plaudits from any side of the House. In an issue of this kind a Home Secretary's duty is always difficult. I do not find it an easy one to discharge, but I have endeavoured to discharge it in line with what I believe to be right in the circumstances.