Crown Immunity (Hansard, 29 January 1986)

§ 40. Mr. Canavan
asked the Solicitor-General for Scotland what consideration has been given by the Crown Office to the implications for prosecution policy of changes in Crown immunity.

§ The Solicitor-General for Scotland
In the event of any change in Crown immunity whereby persons who at present are not subject to prosecution could become liable, no special consideration would be necessary. The same criteria as are applied in all criminal cases would be used.

§ Mr. Canavan
In view of the revelations last week about the deplorable standards of kitchen hygiene in hospitals such as Stanley Royd hospital in Wakefield and Woodilee hospital in the constituency of my hon. Friend the Member for Monklands, West (Mr. Clarke), where cockroaches were found in the kitchen, is it not time that hospital premises were deprived of Crown immunity so that the Solicitor-General could, if necessary, take out a prosecution against the Secretary of State for Scotland, who, as Minister responsible for the Health Service in Scotland, is primarily reponsible for putting the health of patients in our hospitals at risk?

§ The Solicitor-General for Scotland
I am sure that the hon. Gentleman appreciates that that is not strictly a matter 947 for me. Indeed, my right hon. and learned Friend the Secretary of State has already said that there is to be a review of the matter in relation to the National Health Service. In any event, I think the hon. Gentleman appreciates that, flamboyant as it may sound, my right hon. and learned Friend would not be someone who is subject to prosecution.

§ Mr. Kennedy
When this matter was raised in a much earlier Scottish Question Time, the Solicitor-General referred to the internal review that was taking place. He may recall that I asked whether his Department had been in touch with the Department of Health and Social Security south of the border, which is instituting the review and had tried to put something in to it. It had not then. Has it now?

§ The Solicitor-General for Scotland
In view of the observations that have been made about advice from my counterpart south of the border in relation to other Departments and any legal advice that might have emanated from the Law Officers in Scotland, I think that in the circumstances I should decline to answer.

§ Mr. Michael Forsyth
Will my hon. and learned Friend confirm that if the hon. Member for Falkirk, West (Mr. Canavan) is concerned about dirty conditions in hospital kitchens he should advise the health boards to contract out the services, and the contractors would enjoy no such Crown immunity?

§ The Solicitor-General for Scotland
My hon. Friend is correct. If there were a private contractor providing those services, because of its relationship, it would not enjoy Crown immunity.

§ Mr. Tom Clarke
Will the hon. and learned Gentleman accept that there was great concern in my constituency about the disclosures in Woodilee hospital, and one of his hon. Friends, the Minister responsible for health, was kind enough to meet me? Notwithstanding that, will he give an assurance to the House that the review to which he referred will be completed in the near future and that action will be taken as a matter of extreme urgency?

§ The Solicitor-General for Scotland
I have to say that that is not a matter for me. However, I will say, as I said in my original answer, that if there were to be a change in Crown immunity I can assure the hon. Gentleman that no one who is in breach of the criminal law, whatever position he holds, would be afforded any special treatment. They would all be treated in the same way, with the same criteria applying to anyone who breaks the law.