§ 29. Mr. CohenTo ask the Attorney-General whether he proposes to appear in his official capacity in court in any poll tax case.
§ The Solicitor-GeneralI am not aware of any cases on the community charge currently before the High Court or Court of Appeal other than the Crown ν. Leicester City Justices ex parte Barrow and Barrow. That case relates to the right of a charge payer defending proceedings for a liability order to have a friend, usually known as a McKenzie friend, in court. In that case, at the request of the court, the Attorney-General has appointed an amicus curiae to assist the court.
§ Mr. CohenBut there are many poll tax cases before the magistrates at the moment. The Attorney-General and the Solicitor-General are the Government's chief prosecutors and, as everyone knows, the poll tax is a Government tax, so why are not the cases before those higher courts? Perhaps the Solicitor-General can explain why magistrates are ignoring people's pleas that they cannot pay and why they are ignoring the McKenzie ruling, which says that people can have someone sitting beside them to defend them, especially as the cases are dealt with so rapidly. One of the Government's legal officers said that about 2,500 cases are dealt with in a day in one court. Surely that denies people the right to speak in their own defence. Are not the Government running the legal system of a Saddam Hussein? Why has the poll tax been allowed to bring British justice to such a low point?
§ The Solicitor-GeneralThat was an interesting question. Most taxes in a democracy are Government taxes—not many other people levy taxes—but the determination of cases in which people do not pay is a matter for the independent courts.