§ 34. Miss Anne McIntosh (Vale of York)What representations he has received on the extension of the rights of audience of banisters and solicitors employed by the Crown Prosecution Service. [63021]
§ The Attorney-GeneralThe Solicitor-General and I have discussed the matter with the Director of Public Prosecutions, others in the Crown Prosecution Service and members of both professions. My noble and learned Friend the Lord Chancellor has recently introduced in the other place a Bill that will reform rights of audience and permit Crown Prosecution Service lawyers to exercise full rights of audience in the higher courts. I support his proposals and welcome the introduction of his Bill.
§ Miss McIntoshI am grateful for that reply. Has the right hon. and learned Gentleman considered extending the same rights of audience that he has just explained to the House to in-house barristers working for companies in parallel with the Crown Prosecution Service, so that they can enjoy the same rights of audience under the Bill?
§ The Attorney-GeneralBefore the Bill comes into effect—if it is approved by both Houses—the position of 1096 in-house banisters is subject to the machinery under the Courts and Legal Services Act 1990. The matter is being considered, and I hope that an early decision will be made.
§ Mr. John Burnett (Torridge and West Devon)Does the Attorney-General really believe that having the state as both prosecutor and defender is in the interests of a fair and independent criminal justice system?
§ The Attorney-GeneralI do not think that there is any difficulty. The state has been the paymaster of the prosecution from time immemorial. Since a Labour Government in the 1940s set up the legal aid system, the state has also been the paymaster of the independent Bar and solicitors who have appeared in court on behalf of defendants. I see no difficulty in extending that principle if it becomes appropriate.