HL Deb 10 October 1994 vol 557 cc709-10

3.17 p.m.

Lord Dean of Beswick asked Her Majesty's Government:

Whether there are any circumstances in which the Crown Prosecution Service can instigate its own investigation where it considers that the law has been broken and no appropriate action has been taken.

The Lord Chancellor

My Lords, the functions of the Crown Prosecution Service are set out in Section 3 of the Prosecution of Offences Act 1985. It is not an investigatory body. The investigation of alleged offences is a function of the police service except where they fall within the remit of specialist agencies such as the public health authorities, the Health and Safety Executive, Inland Revenue, Customs and Excise and the Department of Trade and Industry. The Crown Prosecution Service has no power to require the police to instigate an investigation but does from time to time pass to the police material in its possession with a view to criminal investigation.

Lord Dean of Beswick

My Lords, I am grateful to the noble and learned Lord for that detailed Answer, but is he not aware that a number of us believe that there are glaring weaknesses now in the powers of the CPS? Is he aware, for instance, of the series of meetings of the Public Accounts Committee of another place which indicated the huge loss of money incurred by appointed bodies in the public sector? I submitted evidence to it from the regional health authorities. I was informed that it was the job of the local chief of police to deal with such matters. The chief of police did not say this, but it is my opinion that he did not have the resources or special knowledge to deal with such a situation. Bearing that in mind, is it not time that the responsibilities of the CPS are reviewed with a view to plugging that hole in what it is supposed to do?

The Lord Chancellor

My Lords, the precise powers that the CPS should have in relation to the police are obviously the subject of considerable difficulty, but these matters were discussed when the Prosecution of Offences Bill 1985 was before both Houses of Parliament. The powers to which I have referred are the powers which Parliament, after considering these matters, believed that the CPS should have. Precisely what should happen in a local area and how the resources of the police should be deployed there is a matter for the operational control of the chief constable, the chief of police, in that area. It might well be unwise to seek to innovate on that situation.

Lord Irvine of Lairg

My Lords, I accept that the Crown Prosecution Service is not an investigating body but a referral body. However, the Department of Trade often refers cases for investigation by the Serious Fraud Office or, occasionally, by the Crown Prosecution Service. Should not the Department of Trade refer this case either to the SFO or the CPS for investigation as the only means of removing the widespread anxiety that it is wrong in principle for a Tory Minister to be left with the last word on whether a Tory politician should be prosecuted for insider trading?

The Lord Chancellor

My Lords, I do not believe that the Question tabled by the noble Lord, Lord Dean of Beswick, refers to any particular case. I believe that the noble Lord referred in more general terms to the situation as between the Crown Prosecution Service and the police in relation to local health authorities and the like. If a police investigation or an investigation by police attached to the Serious Fraud Office is required, the specialist agencies such as the Department of Trade and Industry may refer matters in that way. However, that depends on the judgment taken as to whether such inquiries are likely to add anything to the sum of knowledge in the possession of the department concerned relating to the matter before it.

Lord Dean of Beswick

My Lords, I am grateful to the noble and learned Lord for his reply to that supplementary question. My Question related specifically to the government-appointed bodies. The noble and learned Lord said that the matter was previously discussed in 1985, when the conditions regarding the CPS were brought into being. Is the noble and learned Lord aware that I am making the point that it is time a review took place? Huge sums of money have been spent, in some cases unwisely, and some managerial actions leave much to be desired. Is the noble and learned Lord aware that there is deep anxiety that as regards publicly appointed bodies the present situation allows people to get away with financial murder? Local police chiefs are unable to deal with the matter and I ask that the position now be reviewed.

The Lord Chancellor

My Lords, any legislation must be kept under review by those responsible for bringing proposals before Parliament in relation to such matters. Perhaps the best thing for me to do is to note what the noble Lord, Lord Dean, has said and to pass his observations to my right honourable and learned friend the Attorney-General, who has responsibility for the Crown Prosecution Service. However, I believe that the balance between the Crown Prosecution Service and the police which was established in 1985 was important and that it would require a good deal to suggest that it should be changed.