HC Deb 06 March 1995 vol 256 cc84-5W
Mr. McMaster

To ask the Secretary of State for Scotland (1) what assessment he has made of whether the procurator fiscal's office in the sheriffdom of Paisley has operated efficiently, effectively, objectively and impartially in all cases placed before it since 1984; if he will make particular reference to those cases involving people who were elected as a councillor at the time the charge was made against them; and if he will make a statement;

(2) if he will instruct an independent inquiry into the efficiency, effectiveness and operational and objective impartiality of the procurator fiscal's office in the Paisley sheriffdom;

(3) if he will make a statement on his assessment of the efficiency, effectiveness and operational and objective impartiality of the procurator fiscal's office in the Paisley sheriffdom since 1984;

(4) what is the normal involvement of the Crown Office in matters of summary procedure; how many such cases have been referred by the procurator fiscal at Paisley to the Crown Office in each of the past 10 years; what were the reasons and circumstances for these referrals; how many of these involved elected councillors; and if he will make a statement;

(5) what assessment he has made of whether, in relation to the policy and operation of Paisley procurator fiscal's office, any person accused or suspected of any criminal offence was more or less likely to be charged because they held elected office as a councillor; and if he will make a statement;

(6) what assessment he has made of whether all prosecutions conducted by the Paisley procurator fiscal's office since 1984, where the suspect or accused held elected office as a member of a local authority at the time of alleged offence, have been conducted properly and in the same manner as those not holding such office and that the involvement of Strathclyde police in all such cases has been conducted properly, and in the same manner as cases which did not involve the holder of such office; and if he will make a statement.

(7) what assessment he has made of the operation and policy of the procurator fiscal's office in Paisley; and if he will make a statement.

Lord James Douglas-Hamilton

My noble and learned Friend the Lord Advocate is satisfied that the procurator fiscal and his deputes reach decisions, including those relating to cases involving elected councillors, on an impartial basis. Such cases are dealt with on exactly the same basis as reports relating to any other accused persons. The decision whether to take proceedings and the nature of any proceedings will be determined on the basis of the procurator fiscal's assessment of all the relevant circumstances including the public interest. There is no requirement to report summary cases to the Crown Office, although procurators fiscal are free to do so if they wish to seek Crown counsel's advice on any aspect of the case. Procurators fiscal do not keep a record of cases involving councillors or of cases reported to the Crown Office. Accordingly, no information is available as to the number of cases referred to the Crown Office by the procurator fiscal at Paisley.

My noble and learned Friend the Lord Advocate is aware, however, of three cases, involving elected councillors, reported to the procurator fiscal at Paisley. In two of these cases criminal proceedings were taken and in one no criminal proceedings were taken. My noble and learned Friend the Lord Advocate is satisfied that in each case the decision represented an appropriate exercise of the procurator fiscal's discretion, and that the decisions were arrived at impartially. The effectiveness and efficiency of all procurator fiscal offices is kepi under review by the Crown Office through a programme of office reviews. My noble and learned Friend the Lord Advocate does not intend to instruct an independent inquiry into the operation of the Paisley office.

Mr. McMaster

To ask the Secretary of State for Scotland, in how many cases under summary procedure in the last 10 years the procurator fiscal at Paisley has paid for witnesses to be flown to from countries outside the British Isles; how many involved police escorts; what was the cost to the public purse in each case; and if he will make a statement.

Lord James Douglas-Hamilton

This information is not available and could be obtained only at disproportionate cost.

Mr. McMaster

To ask the Secretary of State for Scotland how many requests for an independent inquiry into the operational efficiency, effectiveness and objective impartiality of the Paisley procurator fiscal's office he has received since 1992 from right hon. and hon. Members; how many similar requests were made of the Lord Advocate by right hon. and hon. Members; if he will list those made by right hon. Members representing constituencies in Renfrewshire; and if he will make a statement.

Lord James Douglas-Hamilton

Neither my right hon. Friend the Secretary of State for Scotland nor my noble and learned Friend the Lord Advocate has received any general request from any Member of Parliament for an independent inquiry into the operational efficiency, effectiveness and objective impartiality of the procurator fiscal's office at Paisley. On the other hand, my noble and learned Friend the Lord Advocate is aware of three requests for independent inquiries into the handling of particular cases. Two of these requests were made by the hon. Member himself and one was made by my hon. Friend the Member for Eastwood (Mr. Stewart). My noble and learned Friend the Lord Advocate does not accept that there is any need for an independent inquiry into the handling of cases by the procurator fiscal's office at Paisley.