PROSECUTIONS (Hansard, 6 July 1989)

§ Mr. Freeman
I beg to move, That the clause be read a Second time.
I shall not detain the House. The new clause would ensure that prosecutions under clauses 1 and 2 of the Bill could go ahead in England and Wales only with the prior consent of the Director of Public Prosecutions. This is to prevent frivolous private prosecutions. A similar clause has been used previously in other Acts whose subject matter is emotive, such as the Surrogacy Arrangements Act 1985. I commend the new clause to the House.

§ Ms. Harman
By introducing the new clause at this stage the Minister is making it unduly restrictive. I quite understand that he does not want private prosecutions, and I support him on that. However, it does not mean that he needs to erect the hurdle of requiring the consent of the Director of Public Prosecutions. If he wanted to exclude private prosecutions, he should have simply done that. This new clause, together with his rejection of new clause 2, makes this an unenforceable statement of intent rather than a proper addition to the criminal law. I do not understand why he did not simply rule out private prosecutions rather than including the hurdle of the DPP—who, I understand, has plenty to do without having to take on this additional duty.

§ Mr. Freeman
The practical effect of excluding private prosecutions is, essentially, to put the matter into the hands of the DPP. I admit, although not a lawyer, that it was our intention to include this provision in the original draft of the Bill. I regret having to come to the House at this stage to seek its agreement to the new clause. It is not an afterthought; it is a correction.