§ 77. Mr. MullinTo ask the Attorney-General when he last discussed the Guildford and Woolwich pub bombings case with (a) Lord Lane and (b) Lord Donaldson.
§ The Attorney-General (Sir Patrick Mayhew)Any discussion which I might have with the judiciary as a Law Officer would be confidential and not disclosed.
§ Mr. MullinIs the Attorney-General aware that for some time a number of senior judges have been going round quietly saying that the Guildford Four and the Maguire family had their convictions quashed only on a technicality and were guilty all along? Does he agree that that brings the judicial process further into disrepute? It is about time that we had a resignation or two so that those gentleman can say out loud what they can say at the moment only in the privacy of their clubs.
§ The Attorney-GeneralThe answer to the first part of the hon. Gentleman's question is no, Sir. The remainder of the question does not arise.
§ Mr. William PowellDoes my right hon. and learned Friend agree that nothing could be more deplorable than for the Crown's principal Law Officer to go round discussing with judges cases that may appear before the courts again? Is not it essential that there should be proper separation between the judicial and Executive functions, even those that exist for my right hon. and learned Friend? Will he ensure that he never speaks about any live case to any judge in his official capacity?
§ The Attorney-GeneralNo, Sir. My responsibilities for controlling the administration of sectors of the criminal and civil law would, on occasion, make discussion with the judiciary appropriate.
§ Mr. FraserWould not it be wrong for the Attorney-General to discuss matters of this controversial nature with the judges? Is not the right way to go about it—if the right hon. and learned Gentleman has views on it—to make a submission to the May inquiry, because it is equally clear that unless Ludovic Kennedy or my hon. Friend the Member for Sunderland, South (Mr. Mullin) writes a book, the BBC makes a programme, and a police force holds an inquiry, some miscarriages of justice will not be put right? Is not it time the right hon. and learned Gentleman gave evidence to the inquiry?
§ The Attorney-GeneralNo, Sir, I set up the inquiry with my right hon. and learned Friend the Home Secretary, and I await Sir John May's report of the first phase with great interest. He has promised it as soon as possible.
As for the second part of the hon. Gentleman's question, I have no proposals to discuss any such case with any of the judiciary. but—in response to a hypothetical question—I certainly do not propose to fetter the discretion that any holder of my office has, in the interests of the administration of justice, to do what he considers proper.