HC Deb 11 March 1987 vol 112 cc290-1
38. Mr. Dalyell

asked the Solicitor-General for Scotland if he will make it his practice, when the Crown Office or procurators fiscal are applying for search warrants in relation to offences under the Official Secrets Act, that all applications be made to a justice of the peace.

The Solicitor-General for Scotland

No, Sir.

Mr. Dalyell

May I ask the Solicitor-General a question of which I gave the Crown Office notice on Monday, to which I hope that there will be a considered reply? By what statutory provision or principle of the common law does he assert that the sheriff has legal authority to grant a warrant that Parliament specifically stated should be granted by someone else? [HON. MEMBERS: "Reading."] Yes, I am reading, because I had the courtesy to give the Crown Office notice.

The Solicitor-General for Scotland

As my noble and learned Friend the Lord Advocate indicated in another place last week, the sheriff possesses magisterial powers under the common law and statute in relation to the issue of warrants. He also said that he was satisfied that the proper procedures for obtaining a search warrant were followed in this case and that the involvement of the procurator fiscal and the sheriff was in accordance with the established law of Scotland. It is true that the hon. Gentleman gave something of advance and public notice of his supplementary question—

Mr. Dalyell

And to the Solicitor-General's Office.

The Solicitor-General for Scotland

Yes, and to my Office, but he went on to say that it was improper or wrong to go to sheriffs because they were beholden to Law Officers and that it would he more appropriate to go to a justice of the peace. On proper reflection, I hope that the hon. Gentleman will realise that that was a wholly unwarranted slur on the sheriffs in Scotland.

Mr. Fairbairn

Will my hon. and learned Friend advise the hon. Member for Linlithgow (Mr. Dalyell) that if all warrants were granted by justices of the peace rather than by sheriffs they would be very much easier to obtain than they are now?

The Solicitor-General for Scotland

I do not know whether that is so, and I do not think that I can comment on my hon. and learned Friend's point. However, I have already said that I find it extraordinary that the general view seems to be that there is something improper about going to a sheriff to obtain a warrant. That is wholly in accordance with our law. What surprises me is that south of the border, when Opposition Members were contemplating the Police and Criminal Evidence Act 1984 in relation to journalistic material, they sought to ensure that warrants were obtained from more senior judicial office holders rather than from lower ones.

Mr. Dewar

As the Solicitor-General said something rather sharp about the remarks made by my hon. Friend the Member for Linlithgow (Mr. Dalyell) concerning sheriffs, will he take just a second to disassociate himself from the remarks made about justices of the peace by his hon. and learned Friend the Member for Perth and Kinross (Mr. Fairbairn)? With hindsight, does the Solicitor-General not accept that there are lessons to be learned from the raid on the BBC premises? Was that not heavy-handed, coloured by political considerations and seen by many people as intimidatory in character? Does he agree that, in terms of the independence of the BBC, it is important that "The Secret Society" series of programmes should be screened as soon as possible?

The Solicitor-General for Scotland

The screening of the BBC's programmes "The Secret Society" is entirely a matter for the BBC. As my noble and learned Friend and I have already stated, all the material that the BBC requires for the screening of those programmes has been returned to it. The BBC accepts that fact. If, for some reason or other, the BBC chooses not to screen one or more of those programmes, that is its business. I do not accept that it was intimidatory. The hon. Gentleman first made those remarks when he had not even looked to see what the terms of the petition and the crave were.

On the first point that the hon. Gentleman raised, in relation to the granting of a warrant by justices of the peace, I accept that under particular statutes and, more generally, on occasions it is appropriate to go to justices of the peace. However, I dissent from the suggestion made by the hon. Member for Linlithgow (Mr. Dalyell) that there is something improper or wrong about going to a sheriff. Where a procurator fiscal is involved, that would be the most appropriate course to take.

Mr. Dalyell

On a point of order, Mr. Speaker. In view of the unsatisfactory non-reply to that question, I beg to give notice that I shall seek to raise this matter on the Adjournment.