HC Deb 17 July 1985 vol 83 cc310-1
38. Mr. Bill Walker

asked the Solicitor-General for Scotland if he will give details of the instructions which his Department has given to procurators fiscal in connection with the prosecution of individuals charged with acts of terrorism.

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

No, Sir.

Mr. Walker

I realise that my hon. and learned Friend cannot make a statement on specific cases, but does he agree that, had it not been for the powers which the police in Strathclyde had under the Prevention of Terrorism (Temporary Provisions) Act 1984, the explosives which were discovered there recently would never have been found?

The Solicitor-General for Scotland

Clearly, I cannot comment on any individual case. However, I think that my hon. Friend's more general proposition is correct. We have a very real problem with terrorism, and the powers which are now given under the Act to allow for detention for a longer period seem in many circumstances to be more than justified.

Mr. Ron Brown

Is the Solicitor-General aware that not so long ago an hon. Member was detained and roughed up by the Glasgow police—[HON. MEMBERS: "Name him."] I refer of course to myself. Will the Solicitor-General ensure that this does not happen again to other Members of Parliament or to trade unionists, because repeatedly the Prevention of Terrorism Act is used against trade unionists?

The Solicitor-General for Scotland

I certainly was not aware that the hon. Gentleman had ever been detained under the Prevention of Terrorism Act. However, if he has a complaint to make against the police he should, as a responsible Member of Parliament, make that complaint properly so that it can be investigated, so that such allegations do not remain unsubstantiated and, if necessary, can be properly tested in the courts.

Mr. Maclennan

Will the Solicitor-General resist any temptations from the extreme Right or the extreme Left to put political pressure on the procurators fiscal?

The Solicitor-General for Scotland

I am wholly at one with the hon. Gentleman in believing that the system of procurators fiscal in Scotland is a fine feature of our legal system. They stand independent and objective in the prosecution of crime in Scotland. Both my noble and learned Friend and I would be very anxious to ensure that that status is always maintained.

Mr. Fairbairn

Will my hon. and learned Friend have a word with his right hon. Friend the Secretary of State for Scotland and his right hon. and learned Friend the Home Secretary, and urge them to urge on the Metropolitan police the discretion of the Strathclyde police? The apparent desire of the Metropolitan police to advertise their genius in London did a great deal to undermine the magnificent work of the Strathclyde police force, which would probably have resulted in more arrests and more fines in the matter which it had under review.

The Solicitor-General for Scotland

I take the point that my hon. and learned Friend makes, but I cannot comment on the individual case. He will be aware that where people are awaiting trial, given the provisions of the Contempt of Court Act, it would be extremely ill-advised for anyone—police officer, Minister or anyone else—to comment on such cases lest, in one way or another, that might prejudice the right to a fair trial.

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