§ 37. Simon Hughes (Southwark, North and Bermondsey)What reviews have been undertaken to discover which criminal laws have fallen into disuse in the last (a) 10 and (b) 30 years and what plans Her Majesty's Government have to repeal them. [14667]
§ The Solicitor-GeneralThe Law Commission is responsible for the review of all statute law and has conducted a number of major reviews of specific spheres of criminal law. The reviews identify which criminal laws 460 have fallen into disuse, which are then dealt with in Statute Law (Repeals) Acts, the most recent of which was in 1998.
§ Simon HughesDo the Solicitor-General and the Government have any plans to present proposals to Parliament to repeal laws that have not been used in the past 10 years, and possibly not in the past 30? Is it correct that there is a proposal on the table to get rid of the blasphemy law, partly because it has not been used for a considerable time? Do the Government have any other specific laws at the front of the queue for repeal?
§ The Solicitor-GeneralThe most recent private prosecution under the blasphemy law was the very famous Mary Whitehouse prosecution of Gay News, and there has not been a public prosecution under the law since 1922. As the House will know, the Home Secretary, in evidence to the Joint Committee on Human Rights, said that he expects that that law will soon find its place in history. Nevertheless, there is still a common law offence of blasphemy. However, if a blasphemy prosecution were to be brought before that common law offence had been repealed, it would not require prosecution by the Director of Public Prosecutions. If the case were heard in a magistrates court, it would be open to the DPP to step in and discontinue the prosecution, and if it were held in a Crown court the Attorney-General could step in and discontinue it. As for other offences, there is a rolling programme to consider laws on criminal offences that have fallen into disuse.
§ Laura Moffatt (Crawley)Could my right hon. and learned Friend tell my constituents, who come from various backgrounds, whether there is a case for using old laws? As I understand it, the Treason Act 1351 may apply to those who are found guilty of fighting for the Taliban and wish to return to the United Kingdom. Will she comment on that, please?
§ The Solicitor-GeneralThe Treason Act is still on the statute book, despite its age. If there were evidence of the commission of an offence under the Act, it would be for the DPP to bring a prosecution, and the Law Officers would be accountable to the House for that decision. The police have already asked for information and advice on prosecuting for treason, and that advice has been given. As my hon. Friend will know, however, many other offences may be brought into play, not only when the Anti-terrorism, Crime and Security Bill is enacted, but under the Terrorism Act 2000. The Law Officers will be accountable to the House for a decision by the DPP or by ourselves, acting under our consent provisions, to bring prosecutions for treason.