HC Deb 07 May 1980 vol 984 cc275-7
34. Mr. Dubs

asked the Solicitor-General for Scotland if he is satisfied with the working of the jury system in the Scottish courts.

The Solicitor-General for Scotland (Mr. Nicholas Fairbairn)

I am quite satisfied with the working of the jury system in Scottish courts, but I believe it can be improved further by the implementation of the proposals contained in the Criminal Justice (Scotland) Bill, clauses 23 and 24 respectively, which seek to reduce the number of peremptory challenges to jurors from five to one and which allow for the provision of meals and refreshments to the jury in appropriate circumstances while they are considering their verdict. No other changes in the system are being considered.

Mr. Dubs

Given that there is no jury vetting in Scottish courts, will the Solicitor-General use his influence with his colleagues the Attorney-General and the Home Secretary to persuade them that in this respect England should follow the Scottish example?

The Solicitor-General for Scotland

England did, after 500 years, follow the Scottish example in having majority verdicts. Perhaps, if it were to increase its majority, it would find the benefit and discover that jury vetting was unnecessary. I do not wish to interfere in the law of England, but I think that we have immense benefits in not having jury vetting, and we shall not have jury vetting in Scotland so far as I am concerned. I shall constantly bring to the attention of the English Law Officers my opinions on the benefits of the law of Scotland, as I am sure they will bring to me their opinions on the benefits of the law of England.

Mr. Peter Fraser

Is my hon. and learned Friend satisfied that the number of people who are cited for jury service at High Court diets in Glasgow is not excessive? Is he not concerned that too many of them are having to waste a considerable number of days attending in Glasgow without ever being asked to sit on a jury?

The Solicitor-General for Scotland

I am grateful to my hon. Friend for asking that question. I am extremely concerned about the time that jurors and, indeed, witnesses spend in court unnecessarily. I am doing all in my power to prevent jurors from being called unnecessarily, waiting around unnecessarily and then having their services dispensed with. It is essential that, when the public come into contact with the law, their experience should not be one of inconvenience.

Mr. Russell Kerr

Will the Solicitor-General use his extensive influence with the British Home Secretary to see whether we can do something about extending to England and Wales the benefits of the Barlinnie special unit—which was exploited and developed by the Conservative Party in Scotland and which so far is hiding its light under a bushel?

The Solicitor-General for Scotland

All I can say is that it is a very small bushel.

Mr. Sproat

Will my hon. and learned Friend tell the House what the legal situation would be in Scotland if a member of a jury tried to sell to a newspaper an account of what had happened within the jury room?

The Solicitor-General for Scotland

I should prefer not to comment on that in advance of its happening. I sincerely hope that it will not happen. I know the views I would hold about it if it should happen.

Mr. Harry Ewing

Are we to take it from the Solicitor-General's original answer that he intends to stick to his proposal on the reduction of peremptory challenges from five to one? If he intends to stick to that proposal, is there not a strong possibility that there could easily be jury veting if the number of peremptory challenges is reduced in such a fashion?

The Solicitor-Genral for Scotland

I think that the hon. Gentleman would do well to read the case of M. v. Her Majesty's Advocate and to see what the view is in Scotland, if anyone wishes to make challenges on allegedly cause shown. The hon. Member will find the remarks of the learned judge in 1974 SLT, page 25. I trust that he will read them before the matter is discussed further.