§ 30. Mr. GapesHow many prosecutions his office has sanctioned for incitement to racial hatred; and how many it has decided not to pursue in each year since 1990. [12640]
§ The Attorney-General (Mr. John Morris)Since 1990, 41 consents have been granted for prosecution of incitement to racial hatred under part III of the Public Order Act 1986. Five applications for consent have been refused and one has been withdrawn. I am arranging for a breakdown to be placed in the Library.
§ Mr. GapesI am grateful for that reply. Does the Attorney-General share the widespread concern felt by people of all faiths and ethnic backgrounds about the dissemination of race-hate and anti-Semitic material, which is being widely distributed? Will he assure the House that the Government will do far more than their predecessors to act rigorously and with determination to take legal action against the producers of such material?
§ The Attorney-GeneralI can assure my hon. Friend that I will act vigorously to ensure that the behaviour that 390 he describes, which I am sure the whole House regards as repulsive, is dealt with. I hope that the police will continue vigorously to investigate any allegations of incitement to racial hatred. Where such inquiries result in submission of a file to the Crown Prosecution Service and where there is sufficient evidence to prosecute, the public interest will almost invariably justify proceedings, and I will accordingly give my consent.
§ Mr. BurnettThe Government have announced their intention to provide extra penalties for a guilty party when racism is proved as a motivation for a crime. In order that the appropriate evidence may be gathered, what training resources and practice guidelines will be given to the police to secure a tangible result?
§ The Attorney-GeneralAs the hon. Gentleman rightly says, my right hon. Friend the Home Secretary has made proposals to introduce new offences of racial violence. In my professional experience, the Court of Appeal has long said that such matters should be taken into account by sentencing judges. I am sure that the enshrining of such matters in statute will be welcome. The primary duty to investigate such complaints lies with the police, who will approach the problem vigorously, although so far the majority of identification has, successfully, been in the hands of the CPS.
§ Mr. GrieveIn the first question to the Attorney-General, the suggestion was made that past Governments had been dilatory in prosecuting in racial hatred cases. Will the right hon. and learned Gentleman confirm that decisions on whether to prosecute are for the Crown Prosecution Service—ultimately, they are matters for the Attorney-General, but they are usually taken by the CPS—and involve no political input?
§ The Attorney-GeneralI assure the hon. Gentleman that the matter is a quasi-judicial function of my office. In the earlier years, from 1990, only two or three such consents were granted each year, but since 1995 there has been a rising curve, with seven in that year and numbers in double figures thereafter. Our best hope is that such matters will not arise, but if they do they will be approached quasi-judicially.