HC Deb 09 July 1980 vol 988 cc546-8
39. Mr. Peter Fraser

asked the Solicitor-General for Scotland whether he has issued any new instructions to procurators fiscal regarding the circumstances in which it might be appropriate to give warnings to persons charged with offences in lieu of prosecution; and if he will make a statement.

The Solicitor-General for Scotland

New instructions have been issued to procurators fiscal. These are contained in Crown Office circular No. 1685, copies of which have been deposited in the Library of both Houses.

Mr. Fraser

I am grateful to my hon. and learned Friend for his answer. Will he indicate when those instructions came into force, and whether they vary in any particular from the answer that he gave during a debate in the Scottish Grand Committee?

The Solicitor-General for Scotland

The instructions came into force on 3 July. They do not vary in any way from what I said during the debate in the Scottish Grand Committee. Whether a person admits or denies a crime does not exempt him from the benefit of a caution rather than a prosecution.

Mr. Buchan

On a point of order, Mr. Speaker. Earlier the hon. Member for Perth and East Perthshire (Mr. Walker) used a highly disastrous term involving discrimination against a group of people. I seek your guidance, Mr. Speaker, about the use of such terms. In this instance the hon. Gentleman referred to travelling folk, who have made a notable contribution to the cultural history and tradition of Britain, especially to the music of Scotland. The hon. Gentleman referred to those folk as "tinkers". They regard that as a term of contempt.

Mr. Speaker

That depends on from which part of the country one comes. It is not an offensive term in Wales, where people are proud to call themselves tinkers.

Mr. Buchan

Historically you are quite right, Mr. Speaker. But I am talking about the present position identified by the hon. Member for Perth and East Perthshire when he referred to Perthshire, where it is an extremely important matter. Whatever may be the custom in Wales, it is not the custom in East Perthshire.

Mr. Speaker

I am quite ready to pay obeisance to Scotland, but nothing unparliamentary has occurred.