§ Mr. KeenTo ask the Secretary of State for Scotland if he will list the(a) neonatal and (b) perinatal mortality rates for the last four years by each health board. [2670]
§ Lord James Douglas-HamiltonThe information requested is given in the table.
§ Mr. KirkwoodTo ask the Secretary of State for Scotland if he will investigate the actions of the police and the procurator fiscal in respect of the possible prosecution of Thomas Hamilton for abuse of male children. [2724]
§ Lord James Douglas-Hamilton[holding answer 6 November 1996]: The actions of the police in reporting cases and incidents to procurators fiscal were examined by Lord Cullen. The Lord Advocate arranged for an independent senior member of the procurator fiscal service—Mr. Alfred Vannet, the regional procurator fiscal for Grampian, highland and islands—to examine all the relevant case papers and to interview the members of the procurator fiscal service who were responsible for taking decisions in the cases. Mr. Vannet had never worked in the procurator fiscal office involved. He had had no prior involvement in any of the cases. He carried out his review under the supervision of Crown counsel. All the relevant police reports and Mr. Vannet's review, were placed before Lord Cullen's inquiry. Lord Cullen also heard evidence from police officers and from two members of the procurator fiscal service who had dealt with reports concerning Hamilton. Lord Cullen's report (Cmnd 3386) deals with the matter in some detail. Lord Cullen noted—at page 162—that Mr. Vannet's report was thorough and set out a considerable amount of detail. Lord Cullen dealt—in chapter 2 of his report—with the decisions taken by procurators fiscal. In relation to the incident at 59W Mullarochy bay, Loch Lommond in July 1991, he concluded that there was no basis for his entertaining criticism of the decision taken by the procurator fiscal (para. 4.44). As regards the incident at the residential sports training course in June 1992, he concluded that there was no evidence of any criminal act (para. 4.51). Finally, as regards the complaints about Hamilton in January, May and June 1993, Lord Cullen concluded that the decision not to apply for a warrant to search Hamilton's house was a matter for the discretion of the procurator fiscal. In the light of Lord Cullen's findings, the Secretary of State sees no need for further investigation into the actions of the police in making reports to procurators fiscal; and the Lord Advocate considers that further investigation of the actions of procurators fiscal is unnecessary.