HC Deb 10 February 1992 vol 203 cc649-50
32. Mr. Mullin

To ask the Attorney-General if he has plans to submit further evidence to the Royal Commission on criminal justice.

The Attorney-General

I have no plans to submit further evidence to the Royal Commission on criminal justice.

Mr. Mullin

I read the Attorney-General's very modest submission on a very narrow point and also the evidence given by the police and the Home Office to the royal commission, and was left with the impression that the royal commission had been established because of public concern that too many guilty people were walking free. Does the Attorney-General, with his long experience, have any thoughts about what it is that is wrong with the legal system that led to the miscarriages of justice that have occurred? If so, does he have any suggestions for doing anything?

The Attorney-General

I, too, read my modest submission to the royal commission again this afternoon. I thought that it was rather good, so perhaps it was not as modest as all that.

The guidelines laid down by my predecessor for the disclosure of unused material in the possession of the prosecution have been greatly extended by recent case law. However, they remain uncertain—or perhaps they remain in consequence uncertain. I proposed to the royal commission that they should have a statutory basis, because there is uncertainty as to what constitutes the prosecution in that context and as to what constitutes unused material, and about a number of other matters. The hon. Gentleman invites me to embark on a debate on which you, Mr. Speaker, would not be terribly keen—even though I have already lost two of the 10 minutes in which, every three weeks, I am entitled to stretch my gauzy wings.

Mr. Fraser

The Attorney-General knows that the royal commission is willing to consider remunerating legal aid practitioners in magistrates courts to avoid miscarriages of justice. Why does not the Attorney-General submit that issue to the royal commission?

The Attorney-General

The royal commission has rather a lot on its plate already.

Mr. Skinner

Fly

The Attorney-General

I am anxious that the royal commission should not only fly but arrive, and in reasonable time.