HC Deb 06 March 1991 vol 187 cc408-9
Dr. Mawhinney

I beg to move amendment No. 19, in page 35, line 20, leave out from 'prosecution' to 'except' in line 21 and insert— 'in respect of an offence under this Act shall not be instituted in Northern Ireland'.

Mr. Deputy Speaker (Sir Paul Dean)

With this it will be convenient to take amendment No. 20.

Dr. Mawhinney

Clause 54 provides that no proceedings for an offence under the Bill shall be instituted except by or with the consent of the Director of Public Prosecutions for Northern Ireland. I am sure that hon. Members agree that private prosecutions for an offence under the Bill would be inappropriate.

The offences in relation to authorised investigators apply to England and Wales and to Scotland and the offences in relation to the confiscation scheme are capable of being extended to those jurisdictions.

Dr. Godman

I ask for the Minister's tolerance and sympathy. As a Scots Member, I am puzzled about why there is no mention of Scotland. When I was on a local review committee inquiring into Edinburgh prison, I had to assess for parole purposes a number of men who were in gaol in Scotland for committing terrorist acts involving groups in Northern Ireland. I ask the question because the Director of Public Prosecutions has no responsibility in Scotland. Why is there no reference to Scotland in the clause?

12.45 am
Dr. Mawhinney

If the hon. Gentleman had allowed me to move on to the next paragraph of my reply, his question would have been answered.

To ensure that there are no private prosecutions for offences under the Act, the amendments provide that proceedings in Northern Ireland and in England and Wales shall not be instituted except by or with the consent of the respective Directors of Public Prosecutions. No equivalent provision is necessary for Scotland, because private prosecutions cannot be brought in Scotland. I understand that prosecutions in Scotland have to be brought by the Lord Advocate.

Amendment agreed to.

Amendment made: No. 20, in page 35, line 22, at end insert 'or in England and Wales except by or with the consent of the Director of Public Prosecutions.'—[Dr. Mawhinney.]

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