Mrs. Rachel Ross (Hansard, 24 March 1977)

§ Mr. Millan

There are difficulties about the form of any such inquiry. It could only be given statutory form, equipped with power to call witnesses and to examine them on oath with the protection of absolute privilege, by the establishment of a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Act 1921. Having regard to the findings of the Salmon Royal Commission about the difficulties and dangers involved in 1921 Act tribunals and their recommendations for the restriction of their use, I have rejected such a possibility.

There are other major considerations. There have already been two criminal trials in connection with the death of Mrs. Ross. Patrick Meehan's conviction has been the subject of the grant of a free pardon by Her Majesty, and Ian Waddell was acquitted of the charge of murder. It would be wrong in principle in my view, and potentially unfair to Mr. Meehan and Mr. Waddell, for an inquiry to call in question such past issues. It is also an important principle that, having regard to the nature of the decisions to be taken, the Secretary of State cannot be obliged to give detailed reasons in justification of his decisions in individual cases whether or not to make a recommendation for the exercise of the Royal Prerogative of Mercy: this principle, and the similar principle relating to the Lord Advocate's decisions regarding prosecutions, must not be undermined. These considerations necessarily govern the form and content of any inquiry.

I have come to the conclusion, however, despite these difficulties, that it would be in the public interest to establish an independent inquiry—which for the reasons I have indicated, will be held in private—into the circumstances surrounding 670W this case, and the hon. Lord Hunter, Senator of the College of Justice, has agreed to my request that he should undertake it. The report of the inquiry would be published in due course.

The terms of reference will be To carry out an independent examination of the available information relating to the murder of Mrs. Rachel Ross at Ayr in July 1969 and the action taken by the police, the Crown Office and the Scottish Home and Health Department relating to that case both before and after the trial of Mr. Patrick Meehan; and to report: So, however, that, without excluding any available information the terms of reference shall not extend to the making of any judgment about—

(1) The guilt or innocence of Mr. Patrick Meehan or Mr. Ian Waddell of the charges contained in the respective indictments against them;
(2) The reasons for and justification of any decision by the Secretary of State for Scotland upon whether or not to make a recommendation for the exercise of the Royal Prerogative of Mercy: and
(3) The reasons for and justification of any decision by the Lord Advocate whether or not to institute, or concur in, any criminal proceedings."

All the papers and other information relevant to the issue in the Scottish Office and the Crown Office will be made available to Lord Hunter, and the Chief Constable of the Strathclyde Police has agreed to co-operate in the same way. It will be open to any person who wishes to do so to provide information or make representations to Lord Hunter concerning the case, and while, as I have indicated, there is no question of his having power to compel the attendance of witnesses, it will be open to him to invite to an interview and to question such persons as he may think necessary.