HL Deb 21 November 1979 vol 403 cc117-8

2.49 p.m.

Lord WILSON of LANGSIDE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether it is the case that Circular No. 1643 was issued to Procurators Fiscal on 3rd May 1979 by an official of the Scottish Crown Office without the terms of the circular having been submitted to and approved by the Scottish Law Officers; and, if so, whether they consider this was appropriate, having regard to the content of the circular.

The LORD ADVOCATE (Lord Mackay of Clashfern)

My Lords, the circular in question was issued at a time when the Crown Office was the responsibility of the Law Officers of the last Government. I cannot answer for the arrangements made between previous Law Officers and their officials. However, I now accept full responsibility for the instructions in the circular. In view of the interest which has been taken in this particular circular, I have made a copy available in the Library of each House.

Lord WILSON of LANGSIDE

My Lords, I am very grateful to the noble and learned Lord for that Answer, which will help to allay a good deal of concern and anxiety that has existed in Scotland on this matter.

Lord ELWYN-JONES

My Lords, is the noble and learned Lord aware that I enter the field of Scottish legal practice with apprehension, and I do so only because of the unavoidable absence of my noble and learned friend Lord McCluskey, who authorises me to say that he accepts constitutional responsibility for what occurred on the fateful date, 3rd May of this year? The noble and learned Lord has indicated his willingness to accept responsibility for the circular, but will he give consideration to its final paragraph which proposes a national register of persons who are warned, bearing in mind that there may be dangers in that and that it may run contrary to the spirit of the Rehabilitation of Offenders Act?

Lord MACKAY of CLASHFERN

My Lords, I have difficulty in believing that the noble and learned Lord has apprehension on entering any field of law. So far as the last paragraph of the circular is concerned, it expressed an intention eventually to maintain a national register. No decision has yet been taken to implement that intention and my present view is that we should await the deliberations of the Stewart Committee which is considering alternatives to prosecution, before taking this matter any further.