HC Deb 05 December 1984 vol 69 cc346-7
42. Mr. Strang

asked the Solicitor-General for Scotland how many people charged with offences arising out of the dispute in the mining industry have been refused bail.

The Solicitor-General for Scotland

As at 3 December 1984, 18 persons had been remanded in custody after appearing in court charged with offences arising out of the mining dispute. Of the 18 persons, two were subsequently released on appeal and one immediately changed his plea to that of guilty.

Mr. Strang

Will the Solicitor-General for Scotland recognise that these are honest men who have never been in trouble with the law in their lives, including the chairman of the Lothian central strike committee, Mr. David Hamilton, who is one of the constituents of my hon. Friend the Member for Midlothian (Mr. Eadie)? Mr. Hamilton has languished in Saughton prison for six weeks. Does the hon. and learned Gentleman not understand the damage that is being done by using the apparatus of the state to defeat the National Union of Mineworkers? When will he understand that it is outrageous that these men are being penalised? When will the Government face the fact that long-term damage has been done to the police force in Scotland in many communities because of the use to which it has been put in the miners' dispute?

The Solicitor-General for Scotland

I have already said that 18 persons have been remanded in custody. There is a clear bail procedure and a clear opportunity to take advantage of an appeal if those concerned feel that bail should have been granted to them. Such appeals have been successful in a number of cases. The hon. Gentleman mentioned a particular case and he knows that as it is to come before the courts in the next fortnight I cannot comment on it in any detail. However, he will be aware that the man to whom he has referred is charged with a serious assault. He took the matter of his bail to the appeal court and his application was refused.

Mr. Speaker

Order. I should have said before that the House must be careful about mentioning individual cases, especially those which are before the courts, and should bear in mind the sub judice rule.

Mr. Gordon Brown

Will the Solicitor-General for Scotland at least agree to minimise hardship among mining families, although his colleagues seem determined to maximise it? Will he explain to the House why at least 100 miners have been refused legal aid by the Dunfermline sheriff court?

The Solicitor-General for Scotland

The granting of legal aid in Scotland is a matter for individual sheriffs. The hon. Gentleman will be aware that the test that is required to be applied by the courts in those circumstances is that of the interests of justice. It is on that basis only that legal aid is granted or refused. The hon. Gentleman will appreciate that the prosecutor in Scotland is independent. Nevertheless, he makes no intervention when an individual makes an application before the courts, whether it arises from the miners' strike or otherwise, for legal aid.

Mr. Dewar

Will the hon. and learned Gentleman accept that in a letter to me of 13 November from his right hon. Friend the Secretary of State it was conceded that there were significant variations in the approach of individual sheriff courts to the granting of legal aid? These variations have been highlighted in a discreditable fashion by experience with picket-line offences. The hon. and learned Gentleman will be aware that a review of legal aid is being conducted. Will he give a guarantee or undertaking that the granting of legal aid will be considered in that review and that the results of it will be made known to the House?

The Solicitor-General for Scotland

The hon. Gentleman appreciates that the administration of the legal aid system is a matter for my right hon. Friend the Secretary of State and not for me. However, it is a fact that there have been discrepancies in the way in which legal aid has been applied by the courts in Scotland. The hon. Gentleman will readily appreciate from his professional experience that discrepancies existed long before the miners' strike first emerged. I understand that my right hon. Friend is considering the matter as one of the issues to be included in an overall review of legal aid in Scotland.