§ Mr. StanbrookTo ask the Secretary of State for the Home Department if he will give details of the court experience of the members of the war crimes inquiry.
§ Mr. John PattenThe authors of the report have each had extensive legal experience. They were asked to undertake this inquiry in view in particular of Sir Thomas Hetherington's service as Director of Public Prosecutions from 1977 to 1987, and Mr. Chalmers' service as Crown Agent for Scotland from 1974 to 1984.
§ Mr. StanbrookTo ask the Secretary of State for the Home Department if, pursuant to his statement about the report of the war crimes inquiry on 24 July,Official Report, columns 731–32, he will make a statement regarding the facilities available to the three persons named in the second unpublished report as recommended for prosecution to visit Soviet Russia with a view to preparing their defence.
§ Mr. John PattenAny person charged with war crimes in this country—if Parliament does decide on a change in the law that would enable such prosecutions to be brought—would be able to apply for legal aid in the normal way.
§ Mr. StanbrookTo ask the Secretary of State for the Home Department what amendments to the existing criminal law and the existing law of evidence would be required if the recommendations of the report of the war crimes inquiry were adopted.
§ Mr. John PattenThe inquiry recommended legislation to give British courts jurisdiction over acts of murder and manslaughter committed as war crimes in Germany or German occupied territory during the second world war, by persons who are now British citizens or resident in the United Kingdom.
In addition, it recommended certain procedural changes, of which the main elements would be provisions:
to allow for the admissibility of evidence on video;to enable war crimes proceedings in England and Walesto be transferred to the Crown court without prior committal proceedings (as is already possible in serious fraud cases);to implement, and extend to other parts of the United Kingdom, the provisions in the Criminal Justice Act 1988 for evidence to be given by live television links from witnesses abroad; and1068Wto enable evidence to be taken on commission for use in proceedings in Scotland;to enable recorded statements of persons now dead to be admissible in evidence in Scotland (the Criminal Justice Act 1988 makes provision in regard to such statements in England and Wales).
§ Mr. StanbrookTo ask the Secretary of State for the Home Department what steps he proposes to take to ensure that the three persons named in the unpublished part of the report of the war crimes inquiry are not identified by the media.
§ Mr. John PattenThe Government have not published material about individual cases; nor will we engage in speculation about individuals.