HC Deb 16 November 1992 vol 214 cc14-5
32. Mr. Winnick

To ask the Attorney-General if he will make a statement on the operation of the War Crimes Act 1991.

The Attorney-General

The special unit established by the Metropolitan police is investigating all the allegations made to the Hetherington/Chalmers inquiry, together with other allegations made subsequently to the police. Inquiries are being concentrated initially on those cases offering the best prospects of a useful investigation.

Mr. Winnick

I hope that the 1991 Act will not be a dead letter and that those who should be prosecuted according to the rule of law will be so prosecuted. Will the right hon. and learned Gentleman confirm that under no circumstances will Ministers sign immunity certificates in such cases? Bearing in mind recent events, such an assurance is much needed.

The Attorney-General

I can certainly confirm that if and when the police come forward with a case to be considered by the Director of Public Prosecutions and myself, prosecution decisions will be undertaken precisely in accordance with the code for Crown prosecutors and normal standards.

As for the hon. Gentleman's second point, he repeats a misunderstanding that has fairly wide currency—that to claim public interest immunity in accordance with legal duty is to deny the court a document. In fact, under the system documents are put before the court by prosecuting counsel. The judge then performs a balancing exercise having, if he considers it appropriate—as he normally would in a criminal case—seen the documents himself.