HL Deb 20 March 1995 vol 562 cc1013-4

2.54 p.m.

Lord Campbell of Alloway asked Her Majesty's Government:

Whether they intend to abolish the year and a day rule in relation to homicide, subject to safeguards such as those proposed in Law Commission Paper 230 of 21st February 1995.

Baroness Blatch

My Lords, we welcome in principle the recommendation in the Law Commission report to abolish the year and a day rule. We are considering the safeguards it proposes. The Home Affairs Select Committee is also examining the rule at present, and we shall reach a final view when we see its conclusions.

Lord Campbell of Alloway

My Lords, I thank my noble friend the Minister for her ready acceptance of the abolition of the rule of general application to culpable homicide which, when introduced in 1278 by the Statute of Gloucester, only set a time limit on private prosecutions for murder, and which now, with the advance of medical science, works manifest injustice. In view of the public concern referred to in the report, as expressed by the press, in the writings of the law dons, and in the opinions of the Lord Chief Justice and other members of the judiciary, when will the Government introduce a Homicide Bill, as proposed by the Law Commission, with safeguards against abuse of process?

Baroness Blatch

My Lords, again I can confirm that we are sympathetic to the abolition. We are considering carefully the safeguards suggested by the Law Commission. As I have already said, it would be discourteous of us to say anything in advance of the report of the Home Affairs Select Committee. I cannot say if and when a Bill will be introduced, because that must be a matter for the usual channels.

Lord McIntosh of Haringey

My Lords, in considering when legislation might be introduced, would it help the Minister to learn that we on these Benches would very much welcome such a Bill and would give it our support?

Baroness Blatch

My Lords, I am grateful for those comments. I understand that that is the case.

Earl Russell

My Lords, while I welcome the noble Baroness's first Answer and accept her second about the usual channels, can she say how many Law Commission Bills are awaiting implementation and whether it is an objective of government policy to reduce that number?

Baroness Blatch

My Lords, I am seized of the importance of that question. A great effort is being made now to address that issue. We wish to get on with it, because many Bills are non-contentious and we want them to make progress.

Lord Campbell of Alloway

My Lords, I thank the Opposition parties for their support. In view of what has been said, if the Government find it difficult to find time, will they consider with favour the introduction of a Private Member's Bill in your Lordships' House?

Baroness Blatch

My Lords, I note what my noble friend is saying, but I must say first things first. It is important to address the principle of abolition after the report of the Home Affairs Select Committee, and also to decide and determine what safeguards would need to be put in place. Two have been suggested. We regard that point as important, so it must be thought through. We shall have to wait to see whether it should be a matter for a Private Member's Bill or for the Government.