§ 29. Mr. Austin-WalkerTo ask the Attorney-General what representations he has received regarding the literature distributed from the headquarters of the British National party.
§ The Solicitor-General (Sir Derek Spencer)In 1992, in addition to questions raised by the hon. Gentleman himself, representations have been received from two local community organisations. The Crown prosecution service, has reported to the Law Officers its decision following a police inquiry into this matter.
§ Mr. Austin-WalkerDoes the Solicitor-General accept that there is an air of disbelief in my constituency of Woolwich over the lack of action taken by the Government in this matter? Does he accept that that is in stark contrast to the positive action taken by the Government of Germany following the tragic murder of three Turkish residents? Is the hon. and learned Gentleman aware that two of my constituents, Rohit Duggal and Rolan Adams, have been brutally murdered? How many more black youths must be slaughtered on our streets before the Government take some action against the Nazi menace in our presence?
§ The Solicitor-GeneralIt is not the Government of this country who institute proceedings for criminal offences, although the Government have the power to reform the law if it is found to be inadequate. That is a matter for my right hon. and learned Friend the Home Secretary. We wholeheartedly condemn racial attacks wherever and whenever they appear, and the hon. Gentleman will remember that in the case of Rolan Adams, to which he just referred, his attacker was identified and prosecuted speedily and his murderer received a sentence of life imprisonment. A large armoury of offences in the law, including murder, manslaughter and assault covered by the Offences Against the Person Act 1861 and the Public Order Act 1986 provide effective sanctions against such attacks.
§ Mr. John MarshallWill my hon. and learned Friend confirm that the Public Order Act 1986 makes it easier to deal with those offensive nut cases?
§ The Solicitor-GeneralMy hon. Friend is right. When we passed the 1986 Act we significantly extended and modernised the existing law. We extended it to cases where there was an intention to stir up racial hatred and circumstances where hatred was likely to be stirred up. In section 23 we introduced the new offence of possessing racially inflammatory material with a view to distributing it. In section 21 we introduced a new offence of
Distributing, showing or playing a recording … of visual images or sounds which are threateningIn section 22 we criminalised incitement to racial hatred in cable programmes. That demonstrates that we have been active, sometimes at the suit of requests from Opposition Members and elsewhere, to make sure that the law is kept up to date.
§ Mr. FraserDoes the Solicitor-General agree that what starts off as the racist platform for organisations such as the British National party, leads in Germany and in this country to racist murders? Will he discuss with the Home Secretary whether we should now legislate for the crime of racially motivated attacks, in order to underline our repugnance at the racist crimes that are probably generated by the type of literature referred to in the question tabled by my hon. Friend the Member for Woolwich (Mr. Austin-Walker)?
§ The Solicitor-GeneralI listen to any arguments that hon. Members can put forward. If we are to have a specific offence of racial harassment it will just add another ingredient that the prosecution must prove before it can succeed in obtaining a conviction. I doubt whether that is the right way to proceed. I discovered the typical reaction of the British people in Leicester, South in 1983, when the candidate from the so-called British National party, who stood against me, managed to secure only 280 votes out of a total of 53,000.