HC Deb 25 April 1991 vol 189 cc1192-3
1. Mr. John Garrett

To ask the Secretary of State for the Home Department if he has any plans to update the Home Office response to the 1982 report of the Home Affairs Select Committee on miscarriages of justice in the light of recent events.

4. Mr.Grocott

To ask the Secretary of State for the Home Department if he will make a statement on his plans to deal with miscarriages of justice.

The Secretary of State for the Home Department (Mr. Kenneth Baker)

On 14 March, my right hon. and learned Frind the Lord Chancellor and I announced the appointment of a Royal Commission on Criminal Justice, with very wide terms of reference. It would not be right at this stage to try to anticipate the outcome of the royal commission, but the Government will be submitting evidence to the commission and will introduce such measures as are considered necessary in the light of its report in due course. In the interim, I remain prepared to consider very carefully any representations alleging that there has been a miscarriage of justice.

Mr. Garrett

Does the Home Secretary agree that if the Home Office had listened to the unanimous report of the Select Committee on Home Affairs 10 years ago, in which it stated that the Court of Appeal was incapable of dealing with miscarriages of justice and that there should be an independent review body, most of the disasters of the past few years would not have happened?

Mr. Baker

The Government accepted several of the recommendations of the 1982 report of the Select Committee on Home Affairs, especially those relating to the Crown prosecution service. As for miscarriages of justice, an undertaking was given that the Home Secretary would in future be prepared to exercise his powers of reference more readily. That has happened. The hon. Gentleman will know that the royal commission's brief goes much wider than the findings of the Select Committee in 1982.

Mr. Grocott

I very much welcome the Home Secretary's assurance that he will listen carefully to any further evidence on cases. Does he agree that following the Birmingham and Guildford cases, all instances where the prosecution depended on uncorroborated confessions must give rise to great anxiety? Although we welcome the royal commission, will the right hon. Gentleman assure the House that he will not use it as a reason for delaying consideration of other serious allegations of miscarriages of justice? Will he confirm that where there is new evidence, especially in cases of uncorroborated confessions, he will take them seriously and deal with them speedily?

Mr. Baker

I can give the hon. Gentleman that assurance. While the royal commission is sitting, deliberating and formulating its proposals, I shall consider any cases put to me that concern miscarriages of justice and give them the scrupulous attention which I and all my predecessors have exercised. That applies to the cases to which the hon. Gentleman referred and to all other cases that may be referred to me.

Mr. Lawrence

Does my right hon. Friend agree that while it is an undoubted miscarriage of justice for the innocent to be convicted, it is as much a miscarriage of justice for the guilty to be acquitted? Will he ensure that the Runciman inquiry considers that as well as the other matters to which he referred?

Mr. Baker

The introductory words of the terms of reference of the Runciman committee refer specifically to that. The purpose of justice is to ensure that guilty people are found guilty and that the innocent are not. I fully support what my hon. and learned Friend said. The Runciman committee will consider specific matters of concern, including the way in which the right of silence is treated by the courts.

Mr. Corbett

Will the Home Secretary make it a little clearer than he has that when he receives new evidence which casts doubt on the safety of convictions, such as those of the people who were held responsible for the terrible Bridgwater crime and those of the Tottenham Three, he will seriously consider the evidence and argument without waiting for the outcome of the Runciman inquiry? Will he give the House an assurance that he will pay special attention to cases of that sort where serious allegations have been made against police officers or where investigations are under way?

Mr. Baker

I can give the hon. Gentleman that assurance. He will know that since I have been Home Secretary I have referred to the Court of Appeal one convicted prisoner in the Broadwater case to see whether the sentence was still safe in the light of evidence which was sent to me and which I examined carefully. If additional evidence is provided in relation to any prisoner in Britain I shall certainly examine it carefully and if I am convinced that there should be a further hearing I will refer it to the Court of Appeal.