30. Mr. Ron Brown (Leith)asked the Solicitor-General for Scotland how many people in Scotland were charged with a breach of the peace during 1981; and how many were convicted.
§ The Solicitor-General for Scotland (Mr. Peter Fraser)In 1981, 39,697 persons were proceeded against on a charge of breach of the peace. Of these, 36,352 had the charge proved against them.
Mr. BrownIs not the charge of breach of the peace a crude catch-all device to convict people whether or not they are guilty?
§ Mr. Robert AtkinsIt certainly caught the hon. Gentleman.
Mr. BrownDoes it not bring the courts into disrepute, particularly when it is used against political activists who rightly demonstrate against the Government, against mass unemployment and against cuts in living standards? Will the Solicitor-General do something about this?
§ The Solicitor-General for ScotlandI have no intention of altering the crime of breach of the peace. The figures show that there are serious incidents that must be dealt with at law. Freedom of speech or the liberty of the individual would not be protected by allowing those who call themselves political activists to engage in disorderly conduct.
§ Mr. AncramDoes my hon. and learned Friend agree that causing fear to the lieges must never be allowed to become a substitute for democratic dialogue?
§ The Solicitor-General for ScotlandI could not agree with my hon. Friend more. If Members of Parliament and ordinary members of the public do not have an abiding respect for the law, no one else can be expected to.
§ Mr. FoulkesIs it not the case—[Interruption.] I am trying to be quiet. If two police officers testify that a person's conduct is likely to cause a breach of the peace, is it not difficult to offer any defence except that of alibi? As someone can be charged with a breach of the peacef, even for talking a little too loudly—irrespective of any individual case that the Solicitor-General may be thinking of—does not the situation genuinely need to be looked at?
§ The Solicitor-General for ScotlandOne safeguard of the liberty of the individual and freedom from conviction in Scotland is the requirement for corroboration. I do not understand the hon. Gentleman's objection. It is an important safeguard that should be retained.