HC Deb 25 October 1971 vol 823 cc259-62W
Mr. Deakins

asked the Attorney-General what instructions he has given regarding the future application of the criminal law to Mr. Oleg Lyalin.

The Attorney-General

None.

Mr. Arthur Lewis

asked the Attorney-General whether he will institute proceedings for contempt whenever Press statements or radio and television announcements are made that a person has committed murder, is wanted for murder, or is guilty of murder before the person is tried and found guilty.

The Attorney-General

If any evidence of contempt of court is forwarded to me, I will consider the matter.

Mr. Arthur Lewis

asked the Attorney-General (1) whether he will give details of the position held by his secretary, Mr. T. C. Hetherington; what was the date of his appointment and at what salary; and what authority he has for issuing Press statements on Government policy within and outside the Attorney-General's ministerial responsibilities;

(2) whether it was with his authority that his legal secretary, immediately upon parliamentary Questions being tabled regarding the Oleg Lyalin case, issued a Press statement giving answers to these Questions prior to the replies being given in Parliament.

The Attorney-General

Mr. T. C. Hetherington, the Legal Secretary, is the Civil Service head of the Law Officers' Department. He was appointed in February, 1966. He currently holds the rank of Principal Assistant Solicitor, with a salary of £6,750. He was authorised by me to answer questions put to him by the Press concerning statements made by hon. Members outside Parliament. He issued no Press statement on that occa- sion; nor has he ever issued any Press statement on Government policy on matters outside the Attorney-General's responsibilities.

Mr. Arthur Lewis

asked the Attorney-General whether he has received the communication from the hon. Member for West Ham, North, dated 16th October, concerning the Oleg Lyalin case; and whether he will make a statement thereon.

The Attorney-General

I have received a communication from the hon. Member and have replied to him.

Mr. Arthur Lewis

asked the Attorney-General, in view of the evidence available and in possession of Her Majesty's Government, and the self confession of spying made by Mr. Oleg Lyalin, whether he intends to prosecute him for this offence.

The Attorney-General

No.

Mr. Arthur Lewis

asked the Attorney-General whether lie will publish in the OFFICIAL REPORT the statement that he made regarding the withdrawal of the proceedings against Oleg Lyalin; and on what statutory authority he stated that this man would have to personally attend court to answer a drink and driving charge.

The Attorney-General

My Written Answer to Questions from the hon. Member regarding withdrawal of the proceedings against Mr. Lyalin has been published in the OFFICIAL REPORT.—[Vol. 823, cols.47–8.]

Mr. Arthur Lewis

asked the Attorney-General whether he will give for the longest and most convenient stated period of time the number of cases of drink and driving charges at courts nationally and at the Marlborough Street Court, respectively, where the person charged either failed to attend the court, or pleaded guilty by letter, or agreed to the case being heard in his or her absence, and the number of cases which were dropped after commencement on his advice and that of the Director of Public Prosecutions.

The Attorney-General

The Court could not have accepted a plea of guilty by letter in such a case, as this is not authorised by law for these cases. The other figures concerning the courts nationally and at Marlborough Street Court could not be obtained without a disproportionate expenditure of time and money. During the last year the court at Marlborough Street has been asked to withdraw one case at my request.

Mr. Arthur Lewis

asked the Attorney-General how many discussions he had with the Director of Public Prosecutions before he decided to recommend all charges for drunken driving against Mr. Oleg Lyalin to be withdrawn.

The Attorney-General

I am not prepared to reveal in this, or in any other case any details of confidential discussions between the Director of Public Prosecutions and myself.

Mr. Arthur Lewis

asked the Attorney-General whether he will give for the longest and most convenient stated period nationally and for Marlborough Street Court the number of occasions and cases where any person who has appeared to answer any charge has been prevented by members of the public from giving evidence, or where attempts have been made to interfere with the due process of the law.

The Attorney-General

The figures nationally and for Marlborough Street Court could not be obtained without the expenditure of a disproportionate amount of time and money. Within the last year, no such cases have been reported to me.

Mr. Arthur Lewis

asked the Attorney-General whether he will prosecute Mr. Oleg Lyalin for organising sabotage in the United Kingdom.

Mr. Attorney-General

No.

Mr. Arthur Lewis

asked the Attorney-General whether he will give details for the longest and most convenient stated period of time of the number of cases generally, and in the Marlborough Street Court, where drink and driving charges have been proceeded with without the accused being present and with what results; and whether in such cases a legal representative was or was entitled to have been present to represent the accused.

The Attorney-General

The details generally and in respect of Marlborough Street Court could not be obtained without a disproportionate expenditure of time and money. Accused persons are always entitled to be legally represented.