HC Deb 17 November 1982 vol 32 cc273-4
31. Mr. Norman Hogg

asked the Solicitor-General for Scotland if he has made any estimate of the impact on staffing levels in his Department if the procurator fiscal service becomes responsible for a public defender system in Scotland.

The Solicitor-General for Scotland (Mr. Peter Fraser)

No, Sir.

Mr. Hogg

If the hon. and learned Gentleman is thinking of introducing such a far-reaching change in legal representation in the courts, will he consider issuing a draft document for consideration by the professions before embarking on any experimental scheme?

The Solicitor-General for Scotland

Any proposal to introduce a public defender system in Scotland will be the responsibility of my right hon. Friend the Secretary of State for Scotland. The Royal Commission on legal services in Scotland recommended that there should be an experimental approach. I understand that that is being considered in negotiations with the Law Society.

Mr. Dewar

I want adequate consultation not only with the Law Society but with the House, including hon. Members representing Scottish constituencies. Does the hon. and learned Gentleman accept that important issues, such as confidentiality and duty to a client, will arise if fiscals take over the representation of defence interests in criminal courts? Therefore, is it not essential that a consultative document should be issued and full consultation should take place before any such experiment is introduced?

The Solicitor-General for Scotland

I must emphasise that there is no proposal that fiscals should be involved in a public defender system in Scotland. No decision in principle has been taken. Discussions are taking place with the Law Society. Any further decision will be a matter for my right hon. Friend the Secretary of State, doubtless in consultation with hon. Members.

Mr. Fairbairn

Who is to do the precognition on behalf of the clients whom the public defender defends? Will the police have to precognosce witnesses to defeat the purpose of their colleagues in prosecuting?

The Solicitor-General for Scotland

I repeat, my right hon. Friend's officials are entering into discussions with the Law Society of Scotland. All that is taking place at present is an examination of the proposal of the Royal Commission that there should be an experimental public defender system in Scotland.