HC Deb 06 July 1977 vol 934 cc1242-3
28. Mr. Fairbairn

asked the Lord Advocate how many prosecutions for unlawful picketing his Department has initiated in Scotland in the last seven years.

The Lord Advocate

During the past seven years by Department has initiated many prosecutions of persons who committed common law offences, such as assault, breach of the peace or malicious mischief, during situations which could be loosely termed as "picketing". Precise figures are not available.

Mr. Fairbairn

Does the Lord Advocate appreciate that I appreciate that reply? Will he, great lawyer as he is, confirm that he will not feel in any way bound by or that he is not in any way likely to imitate the attitude of the Attorney-General in England, who has made the pronouncement that one may suspend prosecution because of a threat of industrial action? Will he ensure that the law is prosecuted whenever a criminal offence is committed, whatever other considerations there may be?

The Lord Advocate

In so far as the hon. and learned Gentleman has implied a criticism of the learned Attorney-General, I do not associate myself with it. The hon. and learned Gentleman will be aware that the offices of Lord Advocate and Attorney-General are entirely separate and independent, and are governed by entirely different conventions, although obviously there is an area of community between the two offices. I can give the assurance in general that any report of alleged offences in this area would be considered by me for possible prosecution on the same basis as any other alleged crime.