HC Deb 30 November 1987 vol 123 cc600-1
66. Mr. Janner

To ask the Attorney-General when he last met the Director of Public Prosecutions; and what subjects were discussed.

The Attorney-General

I last met the director on Monday 23 November. We discussed matters relating to the Crown Prosecution Service.

Mr. Janner

Did the right hon. and learned Gentleman discuss that evil and offensive emanation known as "Holocaust News"? Does he know of the alleged decision not to prosecute those who have perpetrated it? Will he repeat the undertaking given to the hon. Member for Rutland and Melton (Mr. Latham) and myself by his hon. and learned Friend the Solicitor-General, namely, that if we produce counsel's opinion to say that the case of "Holocaust News" is covered by the Public Order Act, he and his colleagues will reconsider their previous view, stated in a written answer last week that this publication is a lawful expression of opinion? If it is a lawful expression of opinion—which I venture to doubt—surely the law is an ass and an idiot.

The Attorney-General

I agree with the adjectives that the hon. and learned Gentleman applies to the publication. I am also aware of the decision of the Director of Public Prosecutions not to institute criminal proceedings under the Public Order Act. I happen to agree with that decision because I do not believe that the fact that the publication is evil and offensive meets the test that part III of that Act lays down for an offence. Of course, if counsel's opinion is produced to me or the Director of Public Prosecutions we shall view it with an open mind, but I must emphasise that prosecuting decisions under the Act ultimately rest with me.

Mr. Gow

Has my right hon. and learned Friend explained to the director the very grave disquiet on both sides of the House about what appeared to be defective formalities in the issue of extradition warrants for those living in the Republic who are required for trial in this country? Will my right hon. and learned Friend give us an assurance that all that can be done to ensure that the formalities are in order will be done?

The Attorney-General

The answer is yes to the last part of the question. A detailed review of the arrangements was set in hand by my predecessor for the formulation of warrants for sending down to the South. In the recent case of Kane, it is only fair to point out that it was 10 o'clock in the morning on the relevant day last week when the Crown solicitor was first informed that Kane had been arrested in the South. It was 11.45 in the morning when he was told that he had until 1 o'clock in the afternoon to issue a warrant. If that matter has prompted my hon. Friend's question, it is only fair that that should be made clear. Incidentally, there has been no criticism of the warrant received by the Garda in that case.