Private Clegg (Hansard, 6 February 1995)

§ 30. Sir Michael Neubert
To ask the Attorney-General how many representations he has received regarding the case of Private Clegg; and if he will make a statement.

§ The Attorney-General (Sir Nicholas Lyell)
Since the House of Lords gave judgment in the case of Private Clegg, I have received as Attorney-General representations from eight hon. Members and some 23 members of the public.

§ Sir Michael Neubert
Does my right hon. and learned Friend accept that the British public find it difficult to understand how in a rapid burst of fire, consisting of four shots at split-second intervals, the first three can be lawful but the fourth not, and that they may have concluded that, if guilt is established in this case, fault may lie with the law rather than Private Clegg? Will he and his colleagues in government review very thoroughly the circumstances of the case to ensure, if necessary, that the law is amended to accord more closely with the British sense of justice?

§ The Attorney-General
I recognise, as does everybody in the House, the very difficult position that soldiers—young and less young—in Northern Ireland face in their exacting duties. That said, the law of Northern Ireland applies to all citizens. The facts of the case were carefully and independently considered by the prosecuting authorities and then independently adjudicated upon by the courts. I would advise my hon. Friend, and anyone else who wishes to study the matter closely, to read carefully the judgments of the House of Lords to understand how the facts were deployed.
On my hon. Friend's final point, my right hon. and learned Friend the Home Secretary has made it clear that this aspect of the law on murder and manslaughter is to be carefully reviewed.

§ Mr. Sutcliffe
In the light of the representations that he has received, will the Attorney-General make known his view on tonight's "Panorama" programme on the Lee Clegg case, involving a mock trial? Does he feel any anxiety lest, given the haste with which the programme was made, it will not consider any of the new evidence acquired by Clegg's legal advisers? Indeed, the programme has not even interviewed them. Is the Attorney-General concerned about the effect that that might have on the due process of law?

§ The Attorney-General
Like the hon. Gentleman, of course, I have not yet seen the programme that is to be broadcast tonight, and I shall not rush into judgment on it. Obviously, the subject as a whole is a matter of the greatest public interest, but I think that we can be confident that the Northern Ireland courts would not be influenced by such a programme.
The important questions of public law that must be considered in relation to the murder-manslaughter issue will, as I have said, be examined carefully.

§ Mr. Beith
Leaving aside the possibility of any retrial involving new evidence, may I ask how soon. Private Clegg could be released under the present procedures outlined to the House by the Prime Minister? Does the Attorney-General not agree that many members of the public think that Private Clegg should be released very 14 soon, given the time that he has already served and the fact that what happened occurred while he was carrying out his duty?

§ The Attorney-General
The case of any young soldier in this position is a matter of the greatest public concern, but the question of release by the Secretary of State is a quasi-judicial one that must be looked into very carefully in consultation with the high judiciary, and treated accordingly. It would not be for me to say more about that question.

§ Mr. Ashby
Like my right hon. and learned Friend, I am a lawyer. One sometimes finds that an excessively legalistic approach, such as that adopted in the Court of Appeal in the Private Clegg case, flies in the face of what the public see as common sense. The public often feel, in respect—

§ Madam Speaker
Order. I have not heard a question yet.

§ Mr. Ashby
I am just coming to the question, Madam Speaker.

§ Madam Speaker
It is about time.

§ Mr. Ashby
Does my right hon. and learned Friend agree that the public would be anxious for that excessively legalistic approach not to be used in any way to cover up an attempt to be too political about the outcome? In other words, does he agree that Private Clegg should be treated like anyone else?

§ The Attorney-General
I entirely agree with my hon. Friend that the law applies to all citizens equally, but I do not think that he has been fair to the Court of Appeal of Northern Ireland, which examined the matter very carefully. That Court of Appeal first suggested the investigation of the area of law, which investigation my right hon. and learned Friend the Home Secretary is now arranging. My hon. Friend will wish to take that into account before issuing any further strictures.

§ Mr. Donald Anderson
Will the Attorney-General gently remind some of his hon. Friends that a tragic case such as this should make us all thankful that capital punishment no longer exists in this country? Will the inter-ministerial review that was announced by the Home Secretary on 24 January be restricted to the narrow question of whether disproportionate force which negates self-defence can nevertheless reduce a murder charge to manslaughter, or will it consider the wider question of whether a mandatory life sentence for murder is appropriate? Will the inter-ministerial team consider the narrow issue or the wider one?

§ The Attorney-General
My right hon. and learned Friend will study the hon. Gentleman's words, but I understand that the narrow aspect will be under consideration, rather than the entire question of the mandatory life sentence.