House Of Commons
Wednesday 17 October 1990
The House met at half-past Two o'clock
Prayers
[MR. SPEAKER in the Chair]
New Writs
For the county constituency of Bootle, in the room Mike Carr, Esq., deceased.
For the county constituency of Bradford, North, in the room of Charles Patrick Wall, Esq., deceased.— [Mr. Foster.]
Private Business
City Of Dundee District Council Order Confirmation Bill
Mr. Secretary Rifkind presented a Bill to confirm a Provisional Order under section 7 of the Private Legislation Procedure (Scotland) Act 1936, relating to the City of Dundee District Council; and the same was read the First time; and ordered to be considered on Tuesday 23 October and to be printed. [Bill 199.]
Zetland Masonic Sick And Widows And Orphans Fund Order Confirmation Bill
Mr. Secretary Rifkind presented a Bill to confirm a Provisional Order under section 7 of the Private Legislation Procedure (Scotland) Act 1936, relating to the Zetland Masonic Sick and Widows and Orphans Fund; and the same was read the First time; and ordered to be considered on Tuesday 23 October and to be printed. [Bill 200.]
Oral Answers To Questions
Scotland
Steel Industry
1.
To ask the Secretary of State for Scotland when he next expects to meet representatives of trade unions in the Scottish steel industry to discuss the future of steel in Scotland.
I met representatives of the Ravenscraig trade unions on 11 October. My hon. Friend the Minister for industry and local government met representatives of the Dalzell trade unions on 15 October. I am prepared to meet them again as occasion demands.
The Secretary of State will be aware of the deep and passionate concern in Lanarkshire not only among the trade unions but throughout the community about the future of Ravenscraig and Dalzell. We want to know whether, at yesterday's meeting with the chairman of British Steel plc, he received answers to the questions put by the shop stewards at Ravenscraig, which he undertook to put at any meeting that he had with Sir Robert. Did he receive any answers to those questions? Did he receive any assurances from British Steel about co-operation with the Scottish Development Agency inquiry into the Scottish steel industry? What confidence can the people of Scotland have in any assurances given by British Steel, given its past record and the contemptuous way in which it has treated the Secretary of State for Scotland?
With regard to the representations of the trade unions, I did as I undertook when I met Mr. Brennan and gave Sir Robert the detailed questions to which he and his colleagues wished answers. I put to Sir Robert the utility of trying to respond to those questions as much as he felt able to do. With regard to British Steel's attitude to the SDA study, in response to my representations Sir Robert Scholey said that British Steel would co-operate with the Scottish Development Agency study on the prospects for the steel industry in Scotland. He further said that he intended to have a meeting with Sir David Nickson, chairman of the Scottish Development Agency, to discuss that matter. Sir Robert gave me a full assurance that British Steel would not dismantle or remove any plant from the hot strip mill in advance of its proposed closure next April.
Will the Secretary of State invite British Steel to join the Government, perhaps other steel companies and the European Commission in a study of the treatment of Ravenscraig as a development plant for the introduction of the next generation of new technology, which is more efficient and produces higher quality steel, including thin-slab casting? Is he aware that that is within the policies of the steel strategy of the European Community, his research and development strategy, his energy policies and his environmental strategy and that it would qualify for state aid under the European Community state aids regime?
I am aware of the hon. Gentleman's interest in this suggestion, because he has raised it in the past. I hope that British Steel will fully consider any proposals, including that mentioned by the hon. Gentleman, to find out whether this is a potential project which should attract investment by British Steel and get support from a wider circle.
Will my right hon. and learned Friend tell the trade unions that the long-term viability of the steel industry can be guaranteed only if decisions on future investment are made for valid commercial reasons and not for political reasons? Will he tell the trade unions that the most commercially competitive and productive plant in this country is at Teesside and that it would be a tragedy to dismantle it because of the political machinations of the Labour party in Scotland?
I cannot comment on the details involving the Teesside plant, to which my hon. Friend understandably referred, given his constituency interest. I think that there is now agreement on both sides of the House that the steel industry's future must be decided on commercial grounds. When I met the trade unions, they emphasised their view that commercial considerations should apply. Of course, there must be a debate on what the commercial conclusions should lead to and on whether one should argue in favour of Ravenscraig or against it. Naturally, we in the Scottish Office hope that British Steel will fully take account of the commercial case for investment not simply at Ravenscraig but at Dalzell.
Will the Secretary of State acknowledge that, in effect, the meeting yesterday between himself and the chairman of British Steel was a meeting between two private citizens, because the right hon. and learned Gentleman has effectively given up his ability to influence British Steel's decisions in spite of Ravenscraig's commercial viability? Can he tell the House when the SDA's study on the future of the steel industry in Scotland is likely to be available and whether it is likely to be available in sufficient time to contribute to reversing this disastrous decision?
If the hon. Gentleman, on behalf of the Liberal party, is calling for the renationalisation of the steel industry—[HON. MEMBERS: "No."] Well, unless that is what he is doing, he exposes the bankruptcy and double standards of his earlier question. We expect the preliminary conclusions of the SDA's study to be available by Christmas and final conclusions early in the new year. On that basis, I am particularly pleased that British Steel is to co-operate with the study. Obviously, there will be limits with regard to commercially confidential information. It is important to note that British Steel will co-operate with the study, that Sir Robert will discuss the study with Sir David Nickson and that no irreversible action will be taken on the plant until the study's conclusions are known and can be taken into account.
Steel Industry
2.
To ask the Secretary of State for Scotland if he has any plans to meet the chairman of British Steel to discuss the Scottish steel industry; and if he will make a statement.
I met the chairman of British Steel yesterday when we discussed matters relevant to the steel industry in Scotland.
British Steel's commitment to co-operate with the SDA's study and the guarantee that the hot strip mill will not be dismantled, destroyed, cannibalised or removed before the study's completion are two steps forward, and it would be churlish of me to say otherwise.
However, can the right hon. and learned Gentleman give an assurance that British Steel will be more co-operative with the SDA in supplying information on Ravenscraig than it has been up to now with him? Given the rumours that now constantly sweep the Scottish steel industry, can the right hon. and learned Gentleman confirm that the works that were not mentioned—the Clydesdale tubes plant at Bellshill, were on the agenda for discussion yesterday? Can he give me a categorical assurance that he was given no information by the chairman of British Steel that would indicate an imminent or serious threat to the Clydesdale tubes works?I asked Sir Robert about the Clydesdale works and he was not able to give me any decisions or conclusions reached by British Steel. He emphasised the difficult position faced by the seamless tubes sector and indicated, as has been said publicly in the past, that British Steel was looking for ways of identifying a possible future for at least part of that project. I do not conceal from the hon. Gentleman my concern about that plant's future, for reasons with which the House is familiar.
Like the hon. Gentleman, I welcome the willingness to co-operate with the SDA's study and particularly the agreement not to dismantle any part of the plant in advance of the study's conclusions. Clearly, part of the purpose of the SDA study is to seek to identify commercial opportunities for the steel industry in Scotland. It ought to be relevant for British Steel to wish to co-operate with that effort and with the report's conclusions if such opportunities are identified.Does my right hon. and learned Friend agree that it is inexplicable that such a highly profitable company should refuse to give a coherent reason for the closure of the hot strip mill? How can we possibly test the commercial judgment of British Steel if we cannot have the facts on which it has based its decision?
My hon. Friend is correct, and it is for precisely that reason that I and others have said that we cannot say whether the conclusion reached by British Steel is or is not justified. Clearly, one would have to have access to the information before one could be expected to agree or comment in any detail on the commercial judgment of British Steel.
In supporting all that my hon. Friends have said about the Scottish steel industry, may I ask the Secretary of State whether he is aware of the contribution made to that industry by the highly skilled work force at Clydebridge and Cambuslang in my constituency? Will the Secretary of State undertake to ensure that Clydebridge is also high on the agenda for his discussions with the British Steel chairman?
Yes. I can confirm that we are equally concerned with all employees and all aspects of the steel industry in Scotland. The SDA study does not concern itself with only one plant; its authors have deliberately and expressly been asked to consider the prospects for the steel industry in Scotland as a whole and that includes the plant to which the hon. Gentleman referred.
May I advise my right hon. and learned Friend that, since his meeting yesterday with the chairman of British Steel, the board of British Steel has met? I have been in contact with the company, which has assured me that its expansion plans and other works on Teesside will go ahead, that it is not being influenced by the Scottish lobby on this matter and that the expansion of jobs in my constituency—which no Labour Member in the north-east of England has tried to defend—will go ahead.
Clearly, those are matters for British Steel. I do not believe that it is helpful for any part of the United Kingdom to seek to achieve benefits at the expense of any other. We are all seeking to achieve a healthy steel industry in the United Kingdom as a whole, and I believe that all my hon. Friends will share that view.
Has the Secretary of State had the misfortune to read the ill-informed, sloppy and uninviting academic report that describes Coatbridge as one of the worst towns in the whole of Britain? Does the right hon. and learned Gentleman accept that this once-proud iron burgh is still suffering from the fact that the iron and steel masters, having made their money, have pulled out? Will he ensure that other towns do not have the same experience, especially at a time when steel is as competitive as it is today?
Many towns—it is perhaps true of every town in the United Kingdom—have had, at some time in their history, to adapt to new industrial requirements and the changing patterns of industry. I have no doubt that the genius and ability of the people of Coatbridge will enable them to cope with the effects of any difficulties that they have experienced in recent years and to attract new industry, employment and prosperity for those who have the good fortune to live in the town.
Is the Secretary of State aware that the hon. Member for Langbaurgh (Mr. Holt) has managed to give us much more information about British Steel's investment than the right hon. and learned Gentleman has? Is he aware of his responsibilities to the Scottish people? Is he further aware that one cannot talk about the future of the Scottish steel industry without reference to what is happening on Teesside? Did he ask the chairman of British Steel about the foundation already laid for the pipe mill at Hartlepool, and is he aware of the link, through the pipe mill, to a single plate mill strategy? Is he aware that if that goes to Lackenby, it will be at the expense of Dalzell? Did he ask those questions? What was the response?
I have two things to say in response to the hon. Gentleman. First, the bulk of our discussions was about the prospects for the steel plants in Scotland. I raised with Sir Robert the claim that I believe was made by the hon. Gentleman at the end of last week that he was privy to information that the decision on the Dalzell plate mill would be delayed for two years. I regret to say that I was informed that the hon. Gentleman's allegation was, as usual, complete nonsense.
Having heard that Coatbridge is allegedly the worst place in which to live, is my right hon. and learned Friend aware that Perth and Kinross has been adjudged the place with the highest quality of life and the best place to live in Scotland—no doubt because of its representation?
My hon. and learned Friend's most excellent representation of that worthy borough and county at least in part explains his reputation with the nation as a whole.
Does the Secretary of State agree that it is little consolation for the stewards at Ravenscraig to be told that the right hon. and learned Gentleman has urged upon Sir Robert the utility of responding as far as he is able to do to their questions? Is not it time that the Secretary of State delivered his promises, got to the facts and forced British Steel to come clean about the reasons behind the decision to close the strip mill?
However, may I welcome what the right hon. and learned Gentleman has said about British Steel not dismantling or removing any plant from the strip mill in advance of the report commissioned by the Scottish Development Agency? Will the right hon. and learned Gentleman make it clear that there will be no removal of any plant before the publication of the report and before a proper assessment of its findings? I ask him to clarify that, because his earlier answer stated that there would be no removal in advance of the proposed closure, which is a very different circumstance. We want a guarantee that there will be no removal until the report is available and has been assessed. Will the right hon. and learned Gentleman guarantee that, when the report is available, he will be prepared to meet Sir Robert Scholey and to go to battle on behalf of the Scottish steel industry if the report reaches positive conclusions about its future which, I am sure, is what all hon. Members hope? Finally, does the right hon. and learned Gentleman remember that on 16 May when he first dealt in the House with the proposed closure of the strip mill, he deplored the decision and its implications for the work force and pledged:Is the right hon. and learned Gentleman still trying to do that?"we shall seek to persuade British Steel to reconsider its proposal".—[Official Report, 16 May 1990; Vol. 172, c. 887.]
Yes, I certainly am. On the hon. Gentleman's earlier point, I have no doubt that it will be desirable for me to see Sir Robert again in the next few weeks or months, depending on how matters develop.
I have two points in response to the hon. Gentleman's other questions. First, the categorical assurance that Sir Robert gave me was that there would be no dismantling of the plant or of any part of it before the proposed closure in April next year. Secondly, however, Sir Robert also stated his intention to co-operate with the SDA study. I would find it inconceivable—[HON. MEMBERS: "Ah!"] I am answering the hon. Member for Glasgow, Garscadden (Mr. Dewar). I would find it inconceivable that British Steel would wish to take any action that would be inconsistent with the proper consideration of the conclusions that that study might reach. We expect the study to come to its preliminary conclusions by December of this year and that will give an early opportunity at least to consider the general conclusions, proposals or ideas. There will be further opportunities early next year. That matter will need to be dealt with in the spirit as well as the letter of the assurance that was received from Sir Robert Scholey.I allowed a long run on that important matter, but we must now move on more rapidly.
Council Houses
3.
To ask the Secretary of State for Scotland how many council houses have been sold to sitting tenants in Scotland since May 1979.
Since April 1979 more than 210,000 public sector houses in Scotland have been sold to sitting tenants. Included in this figure are more than 147,000 sales by local authorities. Owner-occupation now amounts to 50 per cent. of the total number of houses in Scotland.
Does my hon. Friend expect that the extension of the rents-into-mortgages scheme to local authority tenants, which was announced last week, will result in a significant increase in home ownership in Scotland?
Yes, I certainly do. In the course of time eligibility will be open to 320,000 local authority tenants—[Interruption.] The hon. Member for Edinburgh, South (Mr. Griffiths) is putting up five fingers. I must point out that ten times as many as that will have bought their homes under the trial scheme by the end of the month and that there will be 200 by the end of March. In the first year of the right to buy only 10 Scottish special housing association tenants bought; it takes time for the process to gather momentum.
The average weekly payment under the rents into mortgages scheme will be about £18 and the average weekly council rent is £20·89, so this is a very good opportunity for those in a position to afford it.Has the Minister read the copy of the Dundee house conditions survey that was recently given him? Did he fully comprehend the awful state of housing that it describes? Eighteen thousand council houses are riddled with damp and condensation; 15,000 require urgent repairs; 4,000 require whole window replacement. Will he get it into his skull and into the skulls of all his fellow Ministers that rents into mortgages do nothing to alleviate these Dickensian housing conditions? Will he therefore undertake to send a loud and clear message to the Treasury that what is required is massive new investment in the housing stock across Scotland? If Ministers are not prepared to fight Scotland's corner they must move aside for those of us in the Opposition who are.
In the past Dundee district council was taking more than a year to process council house sales. If it had processed them more quickly it would have received considerably more funds for its public sector stock. I am also advised that this year we increased net public expenditure for housing by about £40 million as compared with last year as a result of the drop in right-to-buy receipts. We shall consider the representations made to us by the hon. Members for Dundee, East (Mr. McAllion) and for Dundee, West (Mr. Ross) in the final allocations that will be made later this year.
Does my hon. Friend agree that the failure of Dundee council to run its housing stock is an argument for encouraging more owner-occupation and a smaller public sector, not a larger one? Would he like to suggest that Dundee corporation sorts out its problems instead of running an independent foreign policy, linked as it is with Nablus on the west bank of Israel?
I strongly agree that home ownership is an aspiration of a large number of Scots who do not have the opportunities now, and I believe that they will have them in future. I also suggest that authorities such as Dundee, which I shall visit again shortly with the hon. Member for Dundee, East (Mr. McAllion), would be well advised to do what they are doing—to work closely with housing associations, and to explore all the possibilities, including the possibility of using its land bank—this applies to authorities that have land banks—[HON. MEMBERS: "They are doing it."] I am glad to hear that.
Constitutional Status
4.
To ask the Secretary of State for Scotland what representations he has had in the current year regarding the constitutional status of Scotland within the United Kingdom.
Nineteen letters regarding the constitutional status of Scotland have been received during the current year.
Will the Secretary of State also tell us when he expects to receive the report commissioned by leading Conservative business men in Scotland on the future government of Scotland? In the meantime will he take some time to look at the experience of West Germany where, over many years, decentralised powers and administration have gone hand in hand with business and economic success?
The first part of the hon. Gentleman's question appears to refer to a newspaper report in The Scotsman, which referred to certain business men, who were not named, who had asked an academic, who was not referred to, to produce a report that no one had requested. It is an interesting bit of newspaper speculation, which, as far as I am aware, has no foundation in truth.
The hon. Gentleman will know that the West German experience bears no relation to the proposals put forward either by the Labour party or by the so-called constitutional convention, which wants to create unilateral devolution with an assembly in Scotland but no significant or fundamental change in the rest of the United Kingdom. That would create the dangers and the additional level of taxation that would be so damaging to Scottish prosperity.Does my right hon. and learned Friend agree that the people of Scotland are right to regard the conclusions of the so-called self-appointed constitutional convention with complete boredom and indifference? Would not it be better to pay full heed to the opinions of leading business men such as Mr. Ewan Marwick of the Association of Scottish Chambers of Commerce who has consistently opposed devolution in the light of his outstanding personal knowledge of business and industry in the west of Scotland, including Paisley?
I certainly agree with my hon. Friend about the important contribution to the debate made by Mr. Marwick and his colleagues. My hon. Friend asked about the constitutional convention. I hope that in one respect people in Scotland will not treat the views and recommendations of the so-called convention with boredom or indifference. It is important for the public to be aware that that convention and the Labour party are proposing that the people of Scotland, under such an assembly, should be subject to an additional level of income tax which would not be paid in any other part of the United Kingdom. The damage to Scottish jobs and prosperity which would result from that would be devastating for the future of Scotland.
If the Secretary of State is so concerned about the people of Scotland, why is he so rigid in his opposition to the idea that people should have the right democratically to express through a referendum their views on Scotland's constitutional future? Given that his party has one stance, that the constitutional convention is bringing forward a devolution package and that my party supports the idea of independence in Europe, does he not think that there should be an opportunity for the Scots to have a choice on these matters? Is it the case that, like the Prime Minister who is afraid to debate constitutional matters in relation to Europe, the right hon. and learned Gentleman is just a big fearty on Scottish constitutional matters?
The hon. Lady is unwise to draw such a conclusion, because she will he aware that her party and mine declined to take part in the so-called convention precisely because we believe that talking shops of that kind are unlikely to be of any practical benefit to people. She will also be aware that the nationalist proposal for a referendum has had very little support from other political parties or from other expressions of opinion with interests in constitutional matters. It has been seen as a slogan by her party with little else to commend it.
Does my right hon. and learned Friend agree that if Scotland wishes to remain part of the United Kingdom, and all the indications are that it does, any change in its unique constitutional position would have to be agreed and accepted by this House and by the other place before such change could be implemented? Any attempt to persuade the people of Scotland about measures that would never get through the House must be either flawed or fraudulent or both.
What my hon. Friend says was the experience of the last Labour Government. It is right that all the citizens of the United Kingdom should take an interest in these matters. Apart from anything else, there are several hundred thousand if not millions of Scots living in England. Under the SNP proposals they would become foreigners in the country in which they are presently our fellow citizens. The people of Scotland are well aware that the United Kingdom as a nation has existed for almost 300 years and that the proposals of those who seek fundamental constitutional change would cause serious damage.
Is not it a mark of the Government's desperation that when they look for an independent authority to quote on this issue they come up with an inexperienced parliamentary candidate, Mr. Marwick? If the concept of what the Secretary of State is pleased to call unilateral devolution is so objectionable in principle, why did the right hon. and learned Gentleman resign Front Bench office in the Conservative party over its failure to support what was a unilateral scheme? Does he agree that it is silly to spread daft scare stories about well-thought-out constitutional convention schemes which would give a greater say to Scots over Scottish affairs within the framework of the United Kingdom and which command widespread public support? Does he not realise that in so doing he sounds every day a little more like the hon. Member for Stirling (Mr. Forsyth), and that that is doing his reputation no good at all? The Secretary of State managed to make the report in The Scotsman sound like an everyday chapter from life in Chester street at Scottish Conservative party headquarters. Does he not recognise that a growing concern is clearly surfacing about the totally negative attitude of the Conservative party to the government of Scotland? The Conservatives really must make some bid in this field if they are to retain any credibility at all.
The hon. Gentleman is in danger of trivialising a serious issue by the nature of his question. The House will have noted with some interest that the one remark to which he did not respond was the clear and unmistakable proposition from his party that Scotland will be saddled with an additional level of income tax as a result of the proposals for a Scottish assembly. The failure of the so-called convention to address itself to the serious implications for the Scottish economy and Scottish jobs requires us to treat its conclusions with contempt and indifference.
Health Boards
5.
To ask the Secretary of State for Scotland if he will increase the funding of health boards in Scotland.
Yes, additional allocations will be made to health boards to take account of the changes in the VAT rules affecting construction. I am sure that the hon. Gentleman will be delighted to welcome today's announcement of £150,000 towards establishing cochlear ear implant operations and surgery within Lothian district.
I welcome that drop in the ocean. Will the Minister acknowledge what everyone else in Scotland and in Lothian knows—that when it comes to choosing between creating patient choice or cutting patient services, the Government will cut services every time? When 14,000 patients at the Longmore hospital exercised their choice by expressing their wish that that world-famous hospital be kept open, the Secretary of State backed its disgraceful closure. In view of the incompetent handling of that issue by Lothian health board, will the Minister and the Secretary of State intervene and save Longmore?
Only the hon. Gentleman could complain about cuts in services in response to an announcement of a new service being established in Lothian. To describe as a drop in the ocean a service which will enable deaf people to hear is symptomatic of the hon. Gentleman's approach to the health service.
The hon. Gentleman said that Longmore is to be closed, but he knows that the service that it provides in terms of breast cancer treatment will continue at the Western general hospital at a unit in which £2 million is to be invested by the health board. That will bring the facility into a hospital where there is an oncology department, with the result that the service to patients will be improved. It is unworthy of the hon. Gentleman to misrepresent the splendid efforts of Lothian health board to improve services for his constituents throughout its area. The hon. Gentleman delivered a letter about Longmore hospital to my right hon. and learned Friend the Secretary of State, under the gaze of the cameras, but we did not receive the letter until two days later because he left the Department and posted it. Therefore, he may be unaware of the background, but he should pay tribute to the efforts that Lothian health board has made in respect of Longmore.Does the Minister appreciate that an important element of the chronic underfunding of the health service in Lothian is the inadequate money allocated to it to tackle our AIDS problem? Is he aware that around one twelfth of the people identified as HIV positive in the United Kingdom are in Lothian but that the district receives less than 1 per cent. of the total budget for the United Kingdom, that the short-stay drug crisis centre has been postponed because of lack of money, that there is no long-term residential resettlement centre and that the cost of dealing with people with AIDS and those who are HIV positive will double every year from now on? When will the Government give us the money that we need?
I know that the hon. Gentleman follows these matters carefully, so he will know that the sum provided for AIDS care in Scotland is £15 million. I believe, from memory, that the share that Lothian receives is £5 million, the bulk of it going to the new unit to provide care for AIDS patients. He needs to distinguish between HIV-positive cases and cases of AIDS. He will be aware that the planning which has gone on in Glasgow, Dundee and Lothian towards provision for AIDS patients has taken account of projected numbers, and we have committed ourselves to providing the necessary resources.
What is the comparison between the funding of Scottish health boards and of English and Welsh health boards? Has my hon. Friend's Department any information about the efficiency with which that money is being used in terms of how it is translated into patient care?
It is well known that the Scottish health service is better funded than the health service south of the border—for example, by about one third in its hospital services. One of the interesting points about the proposal by the hon. Member for Glasgow, Garscadden (Mr. Dewar) for the funding of a Scottish assembly is his argument for the principle of equalisation. The health service in Scotland spends twice as much as the health service south of the border on care for the elderly. In the south, that burden lies with local government—yet local government in Scotland still spends more than local government in the south. My hon. Friend was right to draw attention to the considerable investment in the health service in Scotland.
Housing Survey
To ask the Secretary of State for Scotland when he expects to publish the report of the Scottish housing conditions survey; and if he will make a statement.
The results of the national house condition survey will be published in the summer of 1993.
Is not it true that the report is not being published because it would harm the Government's prospects in the general election, because the Minister is ashamed of what it will reveal about disrepair and dampness in Scottish housing, leading to a crisis of homelessness, and because he will not make available the necessary funds properly to house the people of Scotland?
The physical survey of the sample dwellings will take place before the social survey of occupants. The two sets of data necessarily need to be compiled before the statistical analysis is conducted. It is not possible to publish the physical survey results in advance of the social survey, and all the results need to be considered as a whole. Unfortunately, an earlier publishing date is not feasible. The reporting timetable is customary for surveys of such complexity. The national house condition survey is not a substitute for local surveys, which I strongly urge all local authorities to carry out.
Does the Minister recall that Glasgow district council carried out a local survey several years ago, but the Government have taken no action on it? Although Glasgow has the highest allocation, it still has nothing like the amount of resources that it requires.
As the survey will take the best part of three years, will the Minister undertake to visit some of the bad housing areas, such as those in my constituency, so that he can see the damp-ridden houses? He should not come to Maryhill only to open pretty, new housing estates.The hon. Lady must be aware that I have visited 52 district councils in Scotland and have seen their housing stock. I have been to the hon. Lady's constituency several times. Although I opened a new housing project, she must appreciate that it is not possible to visit her constituency without seeing other sorts of housing. I have seen plenty of examples of damp housing. I stress that what goes into Glasgow's housing plan will be very important and will be fully taken into account before allocations are made.
On the point about local surveys, the hon. Lady is aware that Scottish Homes is spending considerable sums of money in Glasgow, and that almost £500 million has been spent by housing associations.Transport Policy
To ask the Secretary of State for Scotland if he will formulate an integrated transport policy for Scotland.
The Government believe in a balanced transport policy, providing users with as much choice as possible between competing forms of transport.
Is the Secretary of State aware that during the summer an efficient Scottish transport network suffered two blows—first, the announcement by the Secretary of State for Transport that the new Al motorway would stop short of the Scottish border and, secondly, the announcement by ScotRail that it is postponing the modernisation programme for its rolling stock due to lack of funding? When will the Scottish Office stand up to the Treasury?
The right hon. Gentleman seems unaware that there are two major projects for improving the A1. The dual carriageway will be extended first to Haddington and then beyond that to Dunbar. A steering group has been formed between the Scottish Office and the Department of Transport to determine what further improvements might be required.
The right hon. Gentleman must know that only 5,000 vehicles per day use the stretch of road between Dunbar and the border—one tenth of the amount of traffic using those parts of the Al in the south that are to be upgraded under the announcement by my right hon. Friend the Secretary of State for Transport. With the near completion of the east coast line British Rail is completing the biggest ever investment in that area, amounting to some £450 million on the electrification of the line between London and Edinburgh.Does my right hon. and learned Friend accept that electrification is not complete when it reaches Edinburgh, but should continue up the east coast to Aberdeen? Is my right hon. and learned Friend prepared to discuss with his right hon. Friend the Secretary of State for Transport British Rail's investment criteria, which are related purely to a return on investment, not to a cost benefit analysis so that road and other forms of transport benefit? Secondly, in the light of the new situation affecting the price of fuels, will he discuss with British Rail and his right hon. Friend the relative costs of diesel and electric power?
I am familiar with the aspirations of people in the north-east to see the electrification of the east coast line extended from Edinburgh to Aberdeen, and British Rail's recently appointed project manager in Scotland is investigating whether further electrification can be justified. I appreciate that there is a debate about whether the criteria for a return on such investment are too strict or whether they are justified. If the use of taxpayers' funds is to be justified it is not unreasonable that British Rail should be expected to obtain a return on its investment and British Rail must take that into account. Debate on that issue will clearly continue for some time yet and I am glad that British Rail has not ruled out the electrification of that section of the line in the future.
If the Secretary of State does not miss the bus at the next general election but makes a journey to the centre of Leith, he will find tenants demanding repairs to their properties which Scottish Homes, under the chairmanship of Sir James Mellon, is refusing to do.
Order. I think that the hon. Gentleman is on the wrong question. This one is about transport.
May I assure the Secretary of State that the Government's anti-rail prejudices will be a major issue in Scotland, as elsewhere, in the run-up to the general election? What interest has the Scottish Office taken in the decision to postpone investment in the main west coast line from London to Glasgow? Will he tell us precisely what representations the Scottish Office has made in the past months on the disastrous proposal to abolish Speedlink freight services, thereby forcing large quantities of freight from rail, to which they had been drawn, back on to the roads? The Secretary of State for Transport said that he had not referred to electrification north of Edinburgh at the Tory party conference in answering Mr. Hirst's protestations because he could not change his autocue in time. Is the Secretary of State for Scotland capable of changing his autocue to give some backing to the expansion, modernisation and electrification of rail services in Scotland?
The hon. Gentleman should inform himself before he makes foolish accusations. If he suggests that the Government are against investment in the rail network, he is clearly unaware of the fact that the Government have authorised no less than £3,700 million investment by British Rail throughout the United Kingdom during the next three years, which is the largest railway investment that Britain has ever known. The fact that Scotland has already benefited from one of the largest electrification projects that the United Kingdom has ever known compounds the hon. Gentleman's foolishness in asking that question. As the hon. Gentleman knows, British Rail has not reached any conclusion on Speedlink. We are taking considerable interest in that matter and we are seeking to evaluate the implications in Scotland and elsewhere of implementing the proposal.
Local Government Finance
8.
To ask the Secretary of State for Scotland when he last met the Convention of Scottish Local Authorities to discuss local government finance.
My right hon. and learned Friend last met the president and senior office bearers of the Convention of Scottish Local Authorities on 6 July.
When the Minister met the president and office bearers, did he discuss with them the increasing difficulty that they and their members are encountering in encouraging people to pay their poll tax? Does he not realise that the inability of local government to draw blood from a stone by asking people living on poverty wages to pay a minimum of 20 per cent. is seriously challenging its ability to deliver services? Is it not time that he and his colleagues did away with the poll tax and started to deal with the serious underfunding from which local authorities have suffered for a number of years?
Part of the problem that local authorities have faced in collecting the community charge is the fact that so many Members of Parliament and councillors—in the Labour party and in other parties—have discouraged people from paying, thus leading them into considerable personal difficulty. In my view, they are embarking on a course of the highest irresponsibility. Despite that, however, authorities in Scotland now expect, on average, to collect some 95 per cent. of their budgeted targets. As the community charge accounts for only about one fifth of the total expenditure of local authorities, they will have about 99 per cent. of their total spend. In those circumstances, they should be able to meet the problem through prudent management of their spending.
Has my hon. Friend noticed that the hon. Member for Dunfermline, West (Mr. Douglas) has moved from the Labour Benches to the Scottish National Benches? However, it does not matter—
Order. Has this something to do with Scottish questions? The hon. Gentleman must relate his remarks to the question on the Order Paper.
It does not matter where an Opposition Member sits if that hon. Member engages in the irresponsible and reprehensible action of encouraging people not pay their community charge. That hits—[Interruption.]
Order. The hon. Gentleman is an experienced Member of the House, and he knows that he must ask a question and not make statements.
I had noticed that the hon. Member for Dunfermline, West (Mr. Douglas) had moved from the Labour Benches to those of the Scottish National party. As he has moved from one socialist party to another, however, it is hard to tell the difference.
As for the attitude to the community charge, the most unfair and irresponsible posture for any party to adopt is to encourage people not to pay their fair share. The most unfair feature of all would be for those who have contributed to the cost of local services to be asked to pay the cost of those who have not. That is something that local authorities should not be asked to do.rose—
I think that I should call Mr. Dick Douglas.
When the Secretary of State met COSLA, did he not say that local authorities in Scotland had fallen into the trap that he had laid for them? They are caught between a rock and a hard place. In the beginning, COSLA said that the tax was unworkable so why is it now trying to make it work by the most draconian means? I myself—and I have already been referred to—have been the subject of warrants of a dubious nature. Is it really in the mind of the Secretary of State to tell local authorities that to make the tax work they must get into the barbarous atmosphere and attitude of poinding and warrant sales? Should not the Minister go back to COSLA and say that he will review the scheme and take it away completely?
The vast majority of community charge payers have paid and are paying their community charge. The system of recovery available to local authorities is broadly the same as it was under the previous rating system. Those who are willing to ignore the irresponsible advice of politicians who tell people not to pay taxes, and are willing to pay their due to local authorities, will not have to fear the processes of recovery.
When will the Minister stop using the rather foolish non-payment campaign being run by the Scottish National party as a shield behind which to hide and pretend that the poll tax is working? Does he not recognise that research shows that the vast majority of those who have not paid their poll tax simply cannot afford to pay it? The simple fact is that he could end the crisis tomorrow by abolishing the 20 per cent. rule, allowing a moratorium on rebates back to 1 April 1989 and improving the rebate system to make it much more generous. He must recognise that Scottish local authorities are facing a financial crisis as a result of the poll tax itself and not because a few people are foolishly not paying it.
If the hon. Gentleman is trying to tell me that Labour Members of Parliament and Labour councillors are refusing to pay their community charges because they cannot afford to do so, I have to tell him that I do not believe it. The vast majority of people have paid their community charge, and more than I million are eligible for a rebate, so account is taken of ability to pay. Perhaps the hon. Gentleman's irresponsible position explains why his party has inconceivably decided to go back to the even more unfair and most unacceptable payment of all, with a return to the old rating system.
National Health Service
9.
To ask the Secretary of State for Scotland when he last met Scottish health board chairmen to discuss the national health service in Scotland.
I met the chairmen of health boards on 29 June.
It is unlikely that the Minister would have had an opportunity to discuss with them the report produced recently by the Institute of Manpower Studies, commissioned by the Scottish Office, which showed a worrying wastage rate among nurses because of the lack of opportunity to involve themselves in patient care and because of cuts in wage rates. Will the Minister discuss that report at his next meeting with board chairmen, which I hope will be in the not-too-distant future? Is not that report a damning indictment of 11 years of Tory policy and of the Government's attitude to the health service, which nurses are leaving in droves?
We are anxious to improve the opportunities for recruiting nurses and other staff to the health service. The hon. Gentleman will recognise, if he is fair, that since 1979 the number of nurses in the health service has increased substantially, as has their pay—by about one quarter in real terms. I confess that I have not read the report to which he refers, but I will do so and respond to the points that he made.
Will my hon. Friend confirm that one of the objectives of health service reform is to encourage greater public involvement and interest? In relation to the reform of local health councils, is my hon. Friend satisfied that in large areas such as Grampian there will be adequate representation of both rural and urban interests? Even rural interests can be very disparate. Will he re-examine local health council reorganisation to ensure that it will provide genuine local involvement?
My view, which is shared by Opposition spokesmen, is that in general it will be better to have one health council per health board, with the resources to operate as a strong organisation and on an equal footing. I shall be answering today a question tabled by my hon. Friend the Member for Tayside, North (Mr. Walker) about the possibility, as suggested by my right hon. Friend the Member for Kincardine and Deeside (Mr. Buchanan-Smith), of having more than one health council per board.
There is nothing to prevent boards from proposing schemes which involve more than one health council, although our preference is for only one such council.I was right. Withdraw the circular.
If the hon. and learned Member for Fife, North-East (Mr. Campbell) will allow me to answer my right hon. Friend's question, he may then catch your eye, Mr. Speaker.
Our preference is for health councils that are strong enough to represent the voice of the consumer effectively, but health boards may suggest schemes that provide for more than one health council, and they will be considered on their merits.When the Minister next meets the chairmen of the health boards, will he discuss with the chairman of Greater Glasgow health board the continuing public utterances of his general manager, who only yesterday said that the national health service in Glasgow is "second class"? That same general manager recently issued a warning to his staff that if any of them publicly criticise the NHS in Glasgow, they will be summarily dismissed. In that, he included comments to Members of Parliament. Yet only yesterday, in the surroundings of the luxurious Gleneagles hotel, the same general manager deprecated the Greater Glasgow health board and its services, for which he personally is responsible. Why do we have such double standards, whereby the general manager can criticise the health service but the rest of the staff cannot? If the general manager can criticise, so can the rest of the staff.
It is the general manager's job to identify deficiencies in the health service and to put them right. I pay tribute to what Laurence Peterken has done in the health service. In Greater Glasgow health board, Lennox Castle, in the hon. Gentleman's constituency, was identified as a hospital in need of improvement by the general manager, and it has been transformed. In that speech, Lawrence Peterken was saying that it was no part of the business of the health service to continue with inadequate Victorian buildings and that we wanted an efficient service providing the highest standards of care. That is the Government's belief. Only a fool would argue that there are no problems in the health service. There are problems. The Government are the first to have tackled them for a very long time and have delivered a higher standard of patient care.
Cammell Laird (Sale)
3.30 pm
I seek to ask leave to move the Adjournment of the House, under Standing Order No. 20, for the purpose of discussing an urgent and specific matter which should have immediate attention, namely,
The matter is immediate because the proposed sale was announced this morning, and it is urgent because 2,000 jobs are at stake, and Birkenhead is already a black spot in the unemployment league table. If the closure takes place and a sale is not forthcoming, we shall be pushed towards the top end of that league table. Moreover, it is also urgent because Cammell Laird is the very heart of Birkenhead and it is difficult to conceive of the town without its shipyard. The matter is urgent because Cammell Laird provides one of the great skill centres of Merseyside and if this country is to have an industrial future in the next century, it is important that those qualities are not squandered lightly. The matter is also urgent because I wish the House to have the opportunity to show that it understands the worries, doubts and anxieties that my constituents in Birkenhead as well as people throughout Merseyside will feel today. The matter is urgent because we wish to give the Government the opportunity to explain to the House what measures they propose to take to ensure that the sale is a success. Lastly, the matter is urgent because, if there is no sale, this great shipyard will be closed. While I am grateful to you, Mr. Speaker, for giving me this opportunity to stress the positive side of Cammell Laird to a wider audience, I believe that it is only in a full-scale debate that I and the House could do justice to what is now on offer and on sale. I want the House to take a resolution that it will not lightly allow that asset, those skills, those people and the dignity that they have shown through the years to be cast on to the unemployment scrap heap. For all those reasons, and not merely one of them, I seek to move the Adjournment of the House under Standing Order No. 20."the proposed sale of Cammell Laird shipbuilders."
The hon. Member for Birkenhead (Mr. Field) asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter which he believes should have urgent consideration, namely,
I, too, listened to the news at lunchtime and I have listened with care to what the hon. Member has said about this important matter. However, as he knows, under Standing Order No. 20. I have to announce my decision without giving my reasons to the House. I have to decide whether his application comes within the Standing Order and whether a debate should take precedence over the business set down for today or tomorrow. I regret that, in this case, the matter which he has raised does not meet those requirements and I cannot today submit his application to the House."the proposed sale of Cammell Laird shipbuilders."
Points Of Order
3.34 pm
On a point of order, Mr. Speaker. In today's vote bundle, my name appears in error against various early-day motions, including early-day motion 1398. I have received an apology from the Table Office. It intends to include a correction in tomorrow's corrigenda. My concern, and what I believe is a matter for you, is that early-day motions are read by people outside the House and are taken to be an accurate reflection of the views of those hon. Members who sign them. I am most concerned that my name should have been added to those motions. I very much hope that something can be done to improve the mechanism. I am particularly concerned about early-day motion 1398, because it is about Israel and the middle east. I believe that those who signed that early-day motion did so either because they are naive or because they are anti-semitic.
I regret the mistake that was made. It may have arisen because of the number of hon. Members who bear the same name. However, the hon. Gentleman has put the matter right and that is probably the best way to deal with it.
On this point, and related matters, Mr. Speaker, although I know that you are not responsible for statements, you will know that the Foreign Secretary's visit to the middle east has produced a good deal of controversy on both sides of the House. I am wondering whether there is any way in which hon. Members can ensure that, when the Foreign Secretary returns to this country, there will be a statement. There is deep concern over what is happening in the middle east. Although the hon. Member for Harrow, West (Mr. Hughes) made derogatory references to a motion which I have not myself signed, that does not alter the fact that there is deep concern in the House over the killing of the 21 Palestinians.
I share the hon. Gentleman's concern about that, as I think the whole House does, but he will have heard the Leader of the House's statement on Monday that he will take this matter into consideration.
On a point of order, Mr. Speaker. I am sorry to prolong this, but I wonder whether you could clarify the exact situation relating to Standing Order No. 20. The hon. Member for Birkenhead (Mr. Field) asked for your leave to adjourn the House on a matter which for his constituency is, without a shadow of doubt, of cardinal and critical importance. In circumstances such as that, which affect Birkenhead and which, in other circumstances, might affect my own constituency, will you clarify for me exactly what scale and magnitude of disaster there has to be before an Adjournment debate can be granted on what is, for an ordinary Member of Parliament, a really desperate state of affairs?
It is a friendly act by the hon. Member, but he will have heard me say that I am enjoined not to give my reasons to the House. However, I imagine that there are those outside the House who will be as interested as the hon. Member in what the criteria are. I have to take into consideration other opportunities that may arise and whether the matter is so urgent that it should take precedence over the business set down for today or tomorrow. These are very difficult decisions for the Chair. I hope that, as I said to the hon. Member for Birkenhead (Mr. Field), the matter will be raised on another occasion.
Bill Presented
Homeworkers' Rights
Mr. Keith Vaz, supported by Ms. Clare Short, Mrs. Alice Mahon, Mrs. Maria Fyfe, Mr. David Hinchliffe and Mr. Jeremy Corbyn, presented a Bill to extend to homeworkers certain rights afforded to employees by enactments relating to health and safety, employment protection and finance; and for connected purposes: And the same was read the First time; and ordered to be read a Second time on Tuesday 23 October and to be printed. [Bill 201.]
Orders Of The Day
Law Reform (Miscellaneous Provisions) (Scotland) Bill Lords
Order read for resuming adjourned debate on Question proposed [16 October] on consideration of the Bill, as amended (in Standing Committee), That the clause (Supervised attendance orders as alternatives to imprisonment on fine default) be read a Second time.
'.—(1) A court may make a supervised attendance order in the circumstances specified in subsection (3) below.
(2) A supervised attendance order is an order made by a court with the consent of an offender requiring him—
(3) The circumstances are where—
(4) Where, in respect of an offender, a court makes a supervised attendance order in circumstances where sub-paragraph (i) of paragraph (b) of subsection (3) above applies, the making of that order shall have the effect of discharging the sentence of imprisonment imposed on the offender.
(5) Schedule ( Supervised attendance orders: further provisions) to this Act has effect for the purpose of making further and qualifying provision as to supervised attendance orders.
(6) In this section—
"local authority" means a regional or islands council;
"place of supervision" means such place as may be determined for the purposes of a supervised attendance order by the supervising officer; and
"supervising officer", in relation to a supervised attendance order, means a person appointed or assigned under Schedule (Supervised attendance orders: further provisions) to this Act by the local authority whose area includes the locality in which the offender resides or will be residing when the order comes into force.'.—[Lord James Douglas-Hamilton]
Question again proposed.
3.38 pm
I was going to say that I was in full flight—but perhaps that is a little grandiloquent, in view of what was happening at 10 o'clock last night—when these proceedings were brought to a close. However, I was certainly addressing the House, and I now rise with a certain feeling of nostalgia, because this is the last time that I shall start a session on the Law Reform (Miscellaneous Provisions) (Scotland) Bill, which to me seems like an old friend. I cannot remember any other Bill to which the Opposition have made more changes or on which they have made more political progress. I doubt whether the Minister's memories of it will be quite so happy, but there we are.
The proposal that supervised attendance orders should be made is of real importance. As I explained last night, the new clause came as a surprise to me. I had not expected it, but I should be misleading the House if I were to suggest that I oppose it in principle. I have some doubts—this is the point I had reached yesterday—about the basis of the Minister's argument. He explained that because, under clause 51(3), community service orders can be imposed only where the only genuine alternative would be a prison sentence, we will not reach the position that has commonly existed whereby community service orders were imposed in place of a large fine. With the new narrow interpretation of when it is appropriate to have a community service order, the number of large fines will increase, and therefore it is assumed that the number of non-payers will increase. As a result, there has to be some alternative to imprisonment for non-payment to stop our prisons being choked and clogged as they have been in the past. I should have been happier if the Minister had said that the pressure—perhaps not spectacular pressure but in my case nagging pressure going back to the Criminal Justice Bill in 1981—to see whether there could be an alternative to imprisonment for non-payment of fines had been successful and was being adopted on its merits. The argument about clause 51(3) is esoteric and doubtful. After all, a high fine does not necessarily lead to high non-payment because, presumably, the instalments are set according to the payer's means. If the court is doing its business, there should be no greater risk of non-payment and the penalties that follow than for any other financial responsibility. I take the view that supervised attendance orders as an alternative to imprisonment might be more appropriate for those who have failed to pay small fines. It is offensive and ridiculous for people who may have failed to pay a fine of £20 or £30 to find themselves doing seven or 14 days in prison to the disadvantage of the prison system. I am not impressed by the Minister's argument, but the reform he is introducing is useful in a modest way. I have already said that I have argued for and still believe in the abolition of imprisonment as a punishment for non-payment of fines. I have done so for the past decade in this place. I was going to make a graceful reference to the hon. and learned Member for Perth and Kinross (Sir N. Fairbairn) but, unusually, he is not in his place during a debate on this Bill. During the proceedings on the Criminal Justice Bill in 1981, he gave me very strong support but expressed a doubt because he thought that there had to be an alternative penalty to just debt collection and diligence. We are now providing that. The Government have suddenly found that it is practical to do something in this way, and we should be thankful for that. I want to ask one or two questions which I am sure the Minister will be able to answer. I recognise that the cost is to be fully reimbursed. As I understand it, in the year ending 31 March 1989, local authorities spent £3·2 million on community service orders, at an average cost per order—according to a parliamentary question—of £920. In that year, there were 3,492 orders. I asked a further parliamentary question on 11 June and was told that the total number of orders made in 1989 was not under 3,500 but had increased in that short time to 4,190. In other words, the number of community service orders is on a steeply rising curve. Obviously, that raises questions about the Government's expectations for the number of supervised attendance orders that will be made and the cost that that will place on the Exchequer. The Minister must not get me wrong: I believe that the cost should be met 100 per cent. I have a letter from Professor Fred Edwards, the director of the Strathclyde regional work and social department. He is talking about an agreement whereby local authorities had to meet agreed standards for the quality and quantity of the work—that is, of community service orders—before receiving increased funding. Clearly an incentive was being built in to raise standards in order to attract increased funding. I assume that the same system will apply here. Perhaps the Minister will say a word about that. It is important that the Minister comments on the form of supervision—this point has been made by my hon. Friend the experienced Member for Greenock and Port Glasgow (Dr. Godman), who knows much about the social work world—and on how attendance sessions will be organised. We are told that they will be for between 10 and 60 hours, so, as an initial response to someone's conviction for a criminal offence, they will be shorter than community service orders. Of the 4,190 community service orders made in 1989, only 802 fell below 100 hours. I presume that some of the new supervised attendance orders will be as low as 10 or 20 hours, so clearly they will raise different practical problems. I am not clear whether supervised attendance orders will be administered on a different basis from community service orders or whether people on attendance orders will mix and share activities with those performing community service. It may be a matter for the discretion of the local authority, but perhaps the Minister will say a word or two about that. I notice that the briefing distributed by the Minister says that activities will be "provided in modular form". I am not clear what he means by that, but no doubt he will be able to wax earnest and learned on modular forms in supervised attendance orders. Whom did the Minister consult? I have tried to find out from Strathclyde regional council—my regional council and social work authority—whether it was consulted before this innovation was introduced. I do not have a clear picture, but my impression is that, if there was consultation, it was cursory in the extreme, which suggests that it was introduced hurriedly. Was the Sheriffs Association consulted? Sheriffs will be involved in deciding supervised attendance orders. If it was consulted, what was its reaction and did it support the proposal? Having asked these questions, I conclude briskly by making it clear that I welcome the proposal, so far as it goes. The prison system has been handicapped by the number of receptions of prisoners who were not sentenced to a custodial term but who ended up in prison because they failed to meet a monetary penalty. The figures for receptions are spectacular. In 1988, the last figures available to me and excluding remand prisoners, who would be a distorting factor, the number of admissions for default of payment of fines was 9,680, which is 47·1 per cent. of total admissions to the Scottish prison system. That is a startling figure, but it probably will not startle many of my colleagues, because it is familiar to anyone who takes a passing interest in the prison system. I am aware that it is only just over 6 per cent. of the daily prison population, but the clogging of the system, the problems of reception, of administration and of processing the entry of a prisoner only for him or her to be discharged perhaps two or three weeks later causes enormous destruction to the proper work of the prison system. I am concerned that the way in which the Minister presented this proposal was that its purpose is to stop the problem getting worse. He has argued that, because of the changes in the initial use of CSOs, which will lead to an increase in large fines, if we do nothing the number of receptions for non-payment, and the pressure on the prison system, will increase. I hope that he can be more positive. I hope that supervised attendance orders will have an impact that does not just stop the problem worsening but improves it. I hope that, after two or three years of experience, we might be in a position to say that that 47 per cent. figure of receptions for non-payment of fines had significantly decreased. If the system works well, courts could be encouraged—I know that courts take individual decisions in individual cases—to use this alternative and to rid the prison system of at least a proportion of people, not just at the top of the fine scale but at the bottom end of this sad band of people who find themselves in prison for quite the wrong reason, to their distress, to the concern of their families and to the expense of the state. I am afraid that those people make it more difficult for the prison system to deal with those who, for reasons of public safety, must be imprisoned. It is a modest reform, but I hope that it is the start of better things.The Bill has many aspects. We are dealing now with a major issue in a piecemeal fashion. That has been one of the features of this Bill. The imposition and collection of fines are major issues, meriting a major inquiry to see where the problem really lies. I know from my mailbag and experience that it is not popular to say that a fine should relate more to the offender's ability to pay than to the crime committed. For many years in the Scottish courts, the fine imposed has related to the offence, not to the offender's ability to pay.
Some years ago, I went to Sweden to study the Swedish penal system. If there was one aspect that impressed me, it was the fact that, throughout my period there, not one person was imprisoned for failure to pay a fine. The reason is simple. In Scotland, a fair amount of research is carried out into an offender's background before the court sentences him or her to a first custodial sentence. In Sweden, extensive research is carried out into an offender's ability to pay a fine. Before a case comes to court, the presiding judge or magistrate knows exactly what the person can pay should he be found guilty and a fine be imposed. Payment is based on earnings and other aspects. Having taken the trouble to investigate an offender's ability to pay, the Swedish authorities claim the right to collect the fine—a system which I favour. In Sweden, there are no supervised attendance orders or alternatives to paying a fine. Research is carried out and the fine relates not to the offence but to the person's ability to pay. I make no criticism of the Government or of the Minister, because successive Governments—I take my share of the responsibility—have paid little attention to this aspect of court work. It makes no sense to fine a person £1,000 if he or she is on income support or to impose a fine that is way beyond a person's ability to pay, in the certain knowledge that the fine will not be paid. It would be more honest of a court to impose a prison sentence, because that would be the outcome in any case. It is time that we all agreed that there must be a major inquiry into the operation of fines in the Scottish judicial system. In many ways, Scotland has led in terms of judicial and law reform, and we should all be proud of that. I am convinced that we can do the same in terms of the levying and payment of fines. I cannot give the new clause a wholehearted welcome, because I regard it as a piecemeal approach to a major problem. Instead, I want to give it a qualified welcome and to ask the Minister one or two questions about it. At present, when an offender fails to pay his fine and is sent to prison, he can buy himself out before his sentence is complete. There is a scale governing the length of the custodial sentence that a fine defaulter should serve, and that is determined against the background of the level of the fine. A fine defaulter who has failed to pay a £1,000 fine will serve longer than a defaulter who has failed to pay a £50 fine. The Minister knows from experience that it is quite common for a fine defaulter to be imprisoned on Monday and for someone to go along and pay his fine on Tuesday morning. All the paperwork surrounding his reception in prison then has to be gone through again and his release arranged. Will a fine defaulter now be able to buy himself out of a supervised attendance order? Suppose that the order requires him to attend for the maximum period of 60 hours. Will he be able to buy himself out when he has completed 20 hours, and what will be the scale used? Clearly, we are not talking about the payment of the total fine, because the offender will have served a third of the supervised attendance hours specified in the order. The Minister must have some sort of scale in mind. Who will decide whether the offender may buy himself out of the arrangement? How will we decide whether a fine defaulter should be asked to attend for 10, 20, 30, 40, 50 or 60 hours? Under the present arrangements under which a fine defaulter is sent to prison, scales are laid down. I may have missed the reference to such a scale in the new clause; that is not beyond me, I can assure the House. Is a scale to be specified for the proposed scheme? Unless we know what we are doing—unless social workers know in detail whether a fine defaulter can buy himself out—it seems inadvisable to proceed. We should not introduce the scheme until all the details have been put in place. If we introduce the scheme against a background of confusion, matters can only get worse and we shall find that we have added to the problem that we sought to solve. My welcome for the new clause is qualified because, in my view, we are merely tinkering at the edges of what is now a major problem. We ought to consider other approaches. I urge the Minister to consider the establishment as soon as possible of a commission of inquiry to look into the whole question of levying fines according to the seriousness of the crime of which the offender has been found guilty rather than according to his ability to pay. If I were asked to choose, I would choose a system that related to the offender's ability to pay because if we had such a system, many of the other issues that we are discussing today would disappear.4 pm
I promise to be brief, Mr. Speaker. Before asking the Minister a couple of questions about the new clause, may I, too, give it my qualified support? I recently attended a session of the sheriff court in Edinburgh when it was hearing a number of what are colloquially known as "means court" cases. One young man was sent down for 30 days for his failure to pay a fine, much to his deep dismay. Other young men—those appearing were mainly men—suffered the same fate. I should add that I was in good company—I was with Michael Clancy of the Scottish Law Society.
I thought that it was all a disgraceful waste and wondered why we should put that young man's family through such distress. He was bundled down below within 20 seconds of the sheriff making his nonchalant decision. Therefore, although I give the new clause some support, the Minister and his officials should further consider its implications. I refer the Minister to subsection (2)(b), which states that the offender willI believe that I am right in saying that, when answering an intervention from me yesterday evening, the Minister said that the supervising officer need not necessarily be a social worker. I am a little concerned about that. The Minister will recall that, in the explanatory memorandum that he sent to members of the Committee, he stated that, among others, we are referring to ex-drug abusers—those who have fallen by the wayside because of the misuse or abuse of drugs—and others. People who have unfortunately become addicted to drugs need to be supervised and need someone in the team who is highly experienced in such matters. As that rule must be applied to other offenders, I should like to hear the Minister offer a word or two about the non-social work supervisors, because I believe that he is straying into queer territory. Similarly, the Minister needs to consult more comprehensively—or his officials need to consult more comprehensively—social work departments and voluntary associations whose main concern is the rehabilitation of offenders and those who have transgressed in terms of non-payment of minor fines. I should like to hear the Minister say something positive in response to my reservations on subsection (2)(b)."carry out such instructions as may be given to him by the supervising officer."
I am as concerned as my colleagues about some of the things that go on in the minor courts. I agree wholeheartedly with my hon. Friends who have expressed some shock about the way in which young people are simply sent to prison casually and without much consideration.
I should like to ask the Minister a rather unpleasant question. I am not anti-lawyer, but I have a particular case in mind, which is known to my hon. Friend the Member for Falkirk, East (Mr. Ewing) because it concerns Bo'ness, which I represented for many years. Will the Minister make it an obligation on sheriffs and temporary sheriffs not to take any alcohol during the lunch hour? I once brought a case to the attention of the House, in which a police career was ruined—that of Sergeant Jamieson—by a temporary sheriff who had taken drink during the lunch hour and then took decisions that could not be undone. That case has lived with me and I suspect that the same has happened on a number of other occasions. As we are on the subject, it might be a good idea if those on the bench took no alcoholic drink during their lunch hours.I have been encouraged to participate in the debate only following the remarks of the hon. Member for Linlithgow (Mr. Dalyell). For the record, I want to make it clear that I understand that there was an investigation by the then sheriff principal of the circumstances surrounding the case, and that no fault was found to attach to the sheriff concerned. The hon. Member for Linlithgow is perfectly entitled to raise the issue, but it is only right to put the record straight.
Does the hon. and learned Gentleman deny that the temporary sheriff concerned had taken alcohol during his lunch hour before coming to his decision?
That is not within my knowledge—
It is within mine.
What is within my knowledge is that an investigation was effected and no fault was found to attach to the sheriff.
Some of us thought it unfortunate that the sheriff concerned came to the decision that he did, and that the investigation was a matter of lawyers all getting together.
I believe that the hon. Member for Linlithgow (Mr. Dalyell) had an Adjournment debate on this subject some years ago—
Yes.
It would be rash of me to go into the case without researching all the facts, but I have heard what the hon. and learned Member for Fife, North-East (Mr. Campbell) has said, so I suspect that there are two sides to the issue, of which we have heard only one this afternoon. I shall look into the case.
I warmly welcome what the hon. Member for Glasgow, Garscadden (Mr. Dewar) said—Airline pilots, drivers, and many other people in skilled occupations are not supposed to drink alcohol in the course of their work, so is it unreasonable to suggest that those who take decisions affecting people's lives should do the same? Many other people are not supposed to drink at work; should not the same apply to those on the bench?
I approach the subject with some caution. If the hon. Gentleman were to table a motion suggesting that hon. Members should not take drinks before they participated in debates, I suspect that there would follow a heated debate in which different views would be expressed. I shall look at the facts of the case and come back to the hon. Gentleman in due course. It would certainly be wrong of me to give a judgment off the top of my head—
In my opinion, those who are going to take part in debates on the Floor of the House should not take alcohol before doing so.
I applaud the hon. Gentleman's high standards. All I am saying is that he would find this a contentious subject if he were to table a motion banning Members from drinking at lunchtime—
Or Speakers.
Just for the record, I never do.
I am glad to confirm that. I most certainly do not drink if I am about to speak in the House of Commons.
The hon. Member for Garscadden made a most positive speech; I agree with everyting that he said. The hon. Gentleman asked who was consulted. The Sheriffs Association, local authorities and other interested bodies were consulted. A letter was sent out in April and all the responses were in support of supervised attendance orders for fine default. The bodies consulted included the Convention of Scottish Local Authorities, the Association of Directors of Social Work in Scotland, the Association of Chief Police Officers (Scotland), the Howard League for Penal Reform and the Scottish Association for the Care and Resettlement of Offenders. I am glad to say that they strongly supported the measure. The hon. Member for Garscadden asked about modular form and the kind of supervision. The programmes will be organised in standard units. For example, there will be two-hour sessions on drug and alcohol misuse and two-hour blocks of unpaid work with groups of from eight to 12 offenders. There might be some sharing with people who do group placements on community service orders, but where practicable the two groups will be kept separate. I was asked about national standards for supervised attendance orders. Standards will be drawn up in consultation with local authorities and others and funding will be conditional on standards being met. I was asked about the details. Guidelines will be drawn up and, as I said yesterday, a consultative group will be formed to look into these matters. It will include representation from local authorities, the judiciary and other relevant interests. The hon. Member for Falkirk, East (Mr. Ewing) asked whether fine defaulters could buy themselves out of supervised attendance orders. I am glad to confirm that the answer is no. Once the offender consents to a supervised attendance order, he will have to complete it. The hon. Gentleman also said that fines should be related to the means to pay and not to the severity of the offence.The Minister says that an offender will not be able to buy himself out of a supervised attendance order. What sanction is available if the offender fails to complete the allocated number of hours? Is the sanction imprisonment? If that is the case, we are caught in the situation from which we are trying to escape.
The answer to the hon. Gentleman's question is yes. What happens is broadly similar to that which occurs after non-co-operation with a community service order. I hope that that will not happen in more than a few cases. I confirm to the hon. Gentleman that section 395(1) of the Criminal Procedure (Scotland) Act 1975—the hon. Gentleman may have played a part in getting that Act on to the statute book—states:
The High Court has rightly emphasised that in appeal cases. In this connection, I agree with the hon. Member for Garscadden. The hon. Member for Greenock and Port Glasgow (Dr. Godman), who has left the Chamber for a moment, said that there was a need to do more work on implementation. I agree. Detailed guidance for social work authorities on the operation will be drawn up in consultation with interested parties before the provisions of the Bill come into force. The hon. Gentleman also asked about non-social work supervisors. Their use is well precedented in bringing forward community service schemes. They always have access to support and advice from professional social workers. Like the hon. Member for Garscadden, I think that it is important for there to be a range of community disposals in which the people of Scotland can have confidence. The hon. Gentleman asked me about this late last night, when he asked me to speak about probation. Fewer than 3 per cent. of offenders appearing before the High and sheriff courts are placed on probation. While probation is not suitable for all offenders, it has the potential to make a much bigger contribution. It has been somewhat neglected, so we saw 100 per cent. funding as important, not just for community service orders and supervised attendance orders, but also for probation. When we gave 100 per cent. central funding for community service orders, it resulted in a 25 per cent. increase in the number of such orders in the first year. Obviously, that is an important consideration."A court … in determining the amount of any fine to be imposed on an offender shall take into consideration, amongst other things, the means of the offender so far as known to the court."
Why does the Minister think that the level of provision has fallen back like this? When I was first elected to the House, there was a tough probation officer in West Lothian who was a father figure and who sorted out a number of boys by using common sense and know-how. That sort of thing does not happen to such an extent these days, unfortunately.
4.15 pm
Our information is that local authority social workers are often reluctant to recommend this course of action in social inquiry reports, possibly because of the work load consequences for them, so 100 per cent. funding will assist.
Clause 51 makes other necessary changes to improve the effectiveness of the services. It ensures that community service orders are reserved for those offenders who would otherwise have been imprisoned. As the hon. Member for Garscadden said, the result would be to increase the number of fines. We believed it to be essential to do something about the problem of fine defaulters, or the Bill would inadvertently result in more people going to prison than was the intention of any hon. Member who served on the Standing Committee that considered the Bill, or the House as a whole.Like others, I have been critical of the Minister from time to time during the passage of the Bill, but I warmly welcome what he has just said. It betokens an enlightened and sensible attitude from the Department. I echo the sentiments expressed by the hon. Member for Linlithgow (Mr. Dalyell). The effectiveness of the probation service before the Social Work (Scotland) Act 1968 was a watchword in penal circles. If we can, by a more generous allocation of funds, return to probation officers the stature that they enjoyed and the successes that they were able to achieve, that would be a good thing for many young people in Scotland.
I thank the hon. and learned Gentleman for what he has just said. I think that this move will also be welcomed by prison officers, who have the duty of looking after those who are in prison because of serious crimes. If a young person who has committed a minor misdemeanour and finds difficulty in paying his fines—there are hundreds of such cases—can be dealt with in this way, that will help with the administration of the prisons.
It seems to me that the drive of some of these comments is a move away from generic social workers and back to specialisation in the social work department. I should be interested to hear whether the Minister embraces that proposition.
I wish to clarify what the Minister has just said, because it is important. The thrust of his central argument is that there will be large fines, leading to fine defaults and the use of the new supervised attendance order, which is aimed at preventing a specific increase. Do the Government hope that the supervised attendance order will be widely used, perhaps for small defaulters—people who are fined under £50 but who have not paid, perhaps because they are on benefit or have a number of social pressures on them—who will benefit from the flexibility that this allows, with the result that there is a reduction? In other words, I want to know what part the Minister thinks that a supervised attendance order will play, and whether it will largely replace, over time, the imprisonment factor.My view is that it will be seen as a lesser form of community service, shorter in scope and easier to carry out by those concerned. A range of disposals is important. The 100 per cent. funding for the probation community service order and supervised attendance orders will give the court a choice, which will depend on the seriousness of the case.
The hon. Member for Greenock and Port Glasgow also asked about the role of the social workers. Social workers should be deployed where their special skills can be used to the best effect. They will be responsible for the planning of supervised attendance orders and for generally overseeing their operation. The day-to-day supervision can be provided more cheaply by other local authority staff, and many of the components of the programme could be brought in from other providers, such as voluntary organisations. For example, local councils on alcohol could provide speakers on alcohol abuse. It is important to distinguish supervised attendance from probation. In probation, the focus is on the individual offender and his offending behaviour. A probation order combines control of the offender with assistance to help him to solve his personal problems and stay out of trouble. Probation calls for the special skills of the social worker in one-to-one counselling and small group interaction. In contrast, supervised attandance will not be concerned with tailoring the approach to the individual offender. In essence, it is a fine on the offender's free time, and the supervisor's main function will be to ensure punctual attendance and good behaviour of a group of about eight to 12 offenders, whose activities will follow a standardised modular pattern. The hon. Member for Greenock and Port Glasgow may have missed my earlier comment. In answer to his point, I can say that the Government do not believe that it would be a sensible use of scarce social work skills to have professional staff solely carry out this work. They will be much better employed in doing the things that only they can do—providing supervision and help to offenders on probation and parole, and preparing social inquiry reports to enable the courts to choose the most appropriate disposal.I sincerely apologise to the Minister for the fact that I have been racing around for the past few minutes and therefore missed his comments.
It is essential that any activity-centred scheme is realistic and constructive, so that it helps such people to come back into the community. I know that ex-drug users at some centres spend many empty hours that could be more usefully spent preparing them to find jobs. That is why it is essential that the supervision is carried out by highly qualified and trained people.I agree with the hon. Gentleman, but there are degrees of specialisation within the social work department. As the hon. Member for Garscadden suggested, we want to encourage greater specialisation in working with offenders.
In response to the point raised by the hon. Member for Garscadden, I confirm that supervised attendance orders will be widely used for defaulters of small fines. They will be highly appropriate in that category. The provision fulfils an important need.I am carefully following the Minister's arguments, and I agree that there is a need for qualified, trained social workers to be involved. Will there be additional recruitment into social work, and will additional funding be made available to colleges and universities involved in the training of social workers? The necessary resources and back-up facilities must be provided, because social work departments are already under severe strain.
That is obviously a matter for the consultative group, which will have representation from local authorities, the judiciary and other relevant, interested bodies. We shall keep closely in touch with the position.
We believe that the new penalty will be of great value in helping to reduce the pressure on the prisons, while continuing to provide a disincentive to fine default and enabling those who do default to make amends for their offence through loss of their free time, disciplined attendance and constructive activity.Question put and agreed to.
Clause read a Second time, and added to the Bill.
New Clause 21
Effect Of Mental Incapacity On Powers Of Attorney Etc
'.—(1) Any rule of law by which a factory and commission or power of attorney ceases to have effect in the event of the mental incapacity of the granter shall not apply to a factory and commission or power of attorney granted on or after the date on which this section comes into force.
(2) In subsection (1) above, "mental incapacity" means, in relation to a person, that he is incapable of managing his property and affairs by reason of mental disorder within the meaning of section 1 of the Mental Health (Scotland) Act 1984.'.— [Lord James Douglas-Hamilton.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following: New clause 8—Further provisions as to judicial factors—
'.—After section 35 of the Judicial Factors Act 1849 there shall be inserted the following section—
"35A—(l) Subject to subsection (5) below, where an individual grants a factory and commission or power of attorney which includes a declaration of intention to which this section applies, the factor and commission or power of attorney shall not be revoked only by reason of any subsequent mental incapacity.
(2) This section applies to a declaration of intention which is in the prescribed form and includes a statement that the granter intends the factory or commission or power of attorney to continue despite any subsequent mental incapacity of his, provided that—
(3) In subsections (1) and (2) above 'mental incapacity' means, in relation to a granter, that he is incapable of managing his property and affairs by reason of mental disorder.
(4) 'Mental disorder' has the same meaning as in section 1 of the Mental Health (Scotland) Act 1984.
(5) A factory and commission or power of attorney which includes a declaration of intention to which this section applied shall be revoked by appointment of a curator bonis or tutor-dative and may be revoked on application to the court by any person having an interest.
(6) In this section—
New clause 8 in the name of the hon. Member for Glasgow, Garscadden (Mr. Dewar) and new clause 21 have similar aims. They seek to overcome a problem faced by an increasing number of families where a relative, who has granted a factory and commission or power of attorney, subsequently becomes mentally incapacitated. In Scotland, unlike England and Wales, a power of attorney terminates if the granter becomes mentally incapacitated. A curator bonis could be appointed, but in view of the costs involved, a curatory is not usually considered worthwhile except for fairly large estates.
New clause 8 mirrors for Scotland provisions in the Enduring Powers of Attorney Act 1985 which apply to England and Wales, but the simpler provision in new clause 21 will achieve the same end. It will ensure that, after the commencement of the provision, any existing rule of law by which a factory and commission or power of attorney ceases to have effect in the event of the mental incapacity of the donor shall have no effect. Mental incapacity is as defined in section 1 of the Mental Health (Scotland) Act 1984. The provisions will apply only to powers of attorney granted after the provision comes into force. It does not seek to alter the effect of powers of attorney already granted, nor does it revive powers of attorney that have lapsed because of the mental incapacity of the donor. In the former case, the granter can revoke any existing power and grant a new power. Amendment No. 108 seeks to ensure that the new clause will come into effect as soon as possible—that is, on commencement of the Act. New clause 21 is sufficient to achieve the objectives sought by the hon. Member for Garscadden. It has been deliberately kept simple, since the Law Commission intends to publish later this year a discussion paper on powers of attorney and other matters relating to guardianship of the adult incapacitated. It may turn out that, on the basis of the commission's consultations, and a more wide ranging consideration of the matter, a different solution to the problem may emerge. Accordingly, I ask hon. Members to recognise that it may be necessary to return to the subject when the commission issues its report and recommendations. In bringing forward the new clause we recognise that a social need exists which should be met now, and new clause 21 is sufficient to achieve that end. Therefore, I ask hon. Members to accept new clause 21 and amendment No. 108, and I ask the hon. Member for Garscadden to withdraw new clause 8.I have no difficulty about falling in with the Minister's request on this occasion. I do not always think that a shorter clause is a better clause but there is no doubt that we are attempting to obtain the same result and I am perfectly happy to take the Minister's word that his new clause encompasses the meaning more conveniently. It is an admirable means of curing a difficulty, which, as he fairly said, has faced many families who unfortunately, have had to deal with the situation where a close relative no longer has the faculties to look after his or her affairs. It is right in those situations—in a sense anticipated, because a power of attorney has been granted—that the power of attorney should run on and allow the proper administration of that person's affairs. I am glad that the Minister has acted to achieve that. I welcome his new clause, and will not press new clause 8.
I, too, welcome new clause 21. Will the Law Commission, as part of its brief, comment upon the code of practice which was produced under the auspices of the Mental Health (Scotland) Act 1984? I ask that question because I am fairly confident that neither the House nor the Scottish Grand Committee has ever had the opportunity of scrutinising the workings of that important Act.
The remit is for the Law Commission to consider later in the year matters relating to the guardianship of the adult incapacitated. In so far as the code relates to this, it would be perfectly competent for the Commission to comment on it as it so wished.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
New Clause 24
Evidence Of Children Through Television Link In Criminal Proceedings
'.—(1) Subject to subsections (2) and (3) below, where a child has been cited to give evidence in a trial, the court may, on an application being made to it, authorise the giving of evidence by the child by means of a live television link.
(2) The court may grant an application under subsection (1) above only on cause shown having regard in particular to—
(3) In considering whether to grant an application under subsection (1) above, the court may take into account, where appropriate, any of the following—
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
With this we may take the following: Government new clauses 25 to 27.
New clause 1— Evidence of children on commission in criminal proceedings—
'.—(1) Notwithstanding section 32 of the Criminal Justice (Scotland) Act 1980 and subject to section (Circumstances in which procedures may be authorised) of this Act, where a child has been cited to give evidence in a trial, whether under solemn or summary procedure, the court may, on an application being made to it at an appropriate time, appoint a commissioner to take the evidence of the child.
(2) The proceedings before a commissioner under this section shall be recorded by video recorder.
(3) The accused shall not be present in the room where the proceedings under this section are taking place except with the leave of the commissioner, but the accused, if not present, shall be entitled to watch and hear those proceedings by such other means as seem suitable to the commissioner.
(4) In subsection (1) above "at an appropriate time" means—
New clause 2— Use of screens in taking evidence of children in criminal proceedings—
'.—(1) Subject to section (Circumstances in which procedures may be authorised) of this Act, where a child has been cited to give evidence in a trial, whether under solemn or summary procedure, the court may, on an application being made to it, authorise the use of a screen to conceal the accused from the sight of the child, notwithstanding that such use of a screen is objected to by or on behalf of the accused.
(2) Where a screen is used in pursuance of this section, arrangements shall be made to ensure that the accused is able to watch and hear the child while the child is giving evidence.'.
New clause 3— Evidence of children through television link in criminal proceedings—
'.—Subject to section (Circumstances in which procedures may be authorised) of this Act, where a child has been cited to give evidence in a trial, whether under solemn or summary procedure, the court may, on an application being made to it, authorise the giving of evidence by the child by means of a live television link.'.
New clause 4— Circumstances in which procedures may be authorised—
'.—(1) The court may grant an application under sections (Evidence of children on commission in criminal proceedings), (Use of screens in taking evidence of children in criminal proceedings) or (Evidence of children through television link in criminal proceedings) of this Act only on cause shown having regard in particular to—
(2) In having regard to the matters referred to in paragraphs (a) and (b) of subsection (1) above, the court may take into account, where appropriate, any of the following—
Government amendment No. 127.
4.30 pm
This is perhaps the most important issue before us this afternoon. The clauses concern the protection of children in criminal cases, about which there has been widespread concern, and it is right that they should be before us today. There has been considerable concern about criminal trials where child witnesses under stress have been unable to give their evidence properly. The hon. Member for Greenock and Port Glasgow (Dr. Godman) tabled a number of amendments in Committee, and made it clear that he wished to return to the matter on Report.
The discussion is centred on the use of a live television link arrangement, under which the child witness would be in a room separate from the court room and would give evidence through closed-circuit television. We have decided that the arrangement should be progressively introduced in Scotland. It is intended—subject to consultation with the judiciary—that appropriate equipment should be available initially in Edinburgh and Glasgow. The arrangement is based on the recommendation of the Scottish Law Commission in its "Report on the evidence of Children and Other Potentially Vulnerable Witnesses", published earlier this year. The Commission believes that, in many cases, children will be able to give evidence in court by conventional means. Live television links should be required in relatively few cases. Their use is accordingly to be at the discretion of the trial judge, according to the statutory criteria set out in the first Government amendment. It would of course reduce the expected benefits from the use of the live television link if the child witness still had to identify the accused in court in a face-to-face dock identification. Accordingly, a further Government amendment deals with evidential requirements. There are also further provisions dealing with sheriff court jurisdiction and the transfer of sheriff court cases within a sheriffdom. The jurisdiction provision enables a case to be taken anywhere in a sheriffdom, and the transfer of a case within a sheriffdom will be allowed when an application for the use of a live television link has been approved. Without these transfer provisions, it would be difficult to operate the new procedure efficiently. We have reached the view that we should not—at least, in the meantime—implement the Scottish Law Commission's recommendations with regard to a video—recorded pre-trial deposition procedure and a statutory provision relating to the use of screens. The deposition procedure would involve an examination of the child witness, ideally before the judge who was to preside at the trial. Much the same purpose will be served by a live television link. We have decided that it is appropriate to introduce the live television link procedure first, and monitor its operation carefully before considering other statutory measures.Will the Minister say why he thinks that he and his Department know better than the Law Commission? I thought that the Law Commission was rather convincing.
I would not say that I knew better than the Law Commission. I have discussed the matter in detail with my hon. and learned Friend the Member for Perth and Kinross (Sir N. Fairbairn). [Interruption.] The hon. Member for Garscadden is expressing scorn, but my hon. and learned Friend probably has more experience of criminal cases than any other Scottish Member of Parliament. He has considerable knowledge of the subject.
rose—
I will give way to my hon. Friend the Member for Tayside, North (Mr. Walker), as I have not done so yet.
My hon. and learned Friend the Member for Perth and Kinross (Sir N. Fairbairn) asked me, if the opportunity arose, to express his apologies for not being present, and to state clearly that he supports what the Government are doing and believes that it is right.
I thank my hon. Friend. My hon. and learned Friend the Member for Perth and Kinross told me the same.
The Government take the view they do because to adopt another arrangement could be prejudicial to the accused. I myself have been involved in a court case in which a child witness identified a boy as guilty of murder, but under cross-examination admitted that he had told a lie on the instructions of relatives. I have seen that happen. That case involved youths who had kicked another youth to death. If that child's claim had not been broken down under cross-examination, an innocent person could easily have been convicted of murder. As well as the protection of children, we must bear in mind the importance of fairness to the accused.I cannot help making the observation that, if the hon. Member for Tayside, North (Mr. Walker) now has power of attorney for the hon. and learned Member for Perth and Kinross (Sir N. Fairbairn), we may have to examine the capacity of the latter.
Taking the three new clauses together, I find it difficult to grasp the practicalities of defending an accused person in circumstances in which a television link has been allowed by the court, and the extent to which cross-examination of a child may be possible. If I read new clause 26 correctly, cross-examination of a child on the issue of identification may not be excluded by way of statute. Practical difficulties exist that remain to be explained.In the case of a child who had been abused in one way or another, dock identification could be very upsetting and distressing for that child. We believe that a video link could provide an effective means of taking evidence. Identification might be made on some former occasion. One Glasgow police station has a one-way mirror that allows women who have been raped, for example, to identify their attackers without suffering immense additional distress.
I am confused by the Minister's use of the terms "closed-circuit television link" and "video link". I refer him to a comment that he made at the beginning of our debate yesterday afternoon:
Why has the Minister changed his mind?"I intend to accept the central point on video evidence. That does not include every aspect of new clause 1".—[Official Report, 16 October 1990; Vol. 177, c. 1060.]
I want to make it clear that I do accept the proposals for a video link, but the evidence goes further than that, and suggests that there is a risk that it could be prejudicial to the accused.
As to cross-examination, the television link would be continuous. The provision concerning identification would apply only where the court had granted an application for use of the television link procedure. Where a child gives evidence that he or she recalls having previously identified the person alleged to have committed the offence, the evidence of a third party of that identification would be admissible as evidence of such identification. There remains for determination by the court the sufficiency of that evidence—whether the Crown has sufficiently proved the identification. Accordingly, fairness to the accused would not be prejudiced.This is a complex subject, and Ministers are certainly entitled to make decisions on the basis of their own experience. I personally would greatly value the views of the hon. and learned Member for Perth and Kinross (Sir N. Fairbairn) on such a subject. Equally, the House is entitled to know in detail why the Government have overturned the Law Commission recommendation, especially since its Lord President, Lord Hope, is currently proposing a scheme.
Do the Government have the agreement, in their view, of the Lord President? Has he given advice to the effect that the Government, rather than the Law Commission, are correct? I do not want to make a party point, because none is to be made, but it is a matter of considerable importance to a number of our constituents. Again, I can think of a personal case in which I was tangentially involved on a constituency basis.I genuinely do not think that the Lord President has been approached to ask whether he supports the Law Commission's view in opposition to any other point of view on this matter. He is certainly aware of the Government's proposals, as the hon. Member for Linlithgow will be aware.
The Scottish Law Commission in its report recorded a number of reservations expressed to it about the use of screens. The Scottish court is exploring technical aspects of the use of screens and we would wish to monitor the present use before reaching a concluded view as to the needs of the statutory provision on the line recommended by the Scottish Law Commission. Undoubtedly hon. Members are aware of the welcome memorandum on guidance on child witnesses which was issued by the Lord Justice-General at the end of July. The purpose of the memorandum is to provide assistance to judges in the exercise of their discretionary powers to put a child at ease—for example, by removing wigs and gowns. The adoption of other measures recommended in the Lord Justice-General's memorandum can be expected to make a substantial contribution to reducing stress for child witnesses. We wish to know how wider use of such measures will help before we consider further statutory or other innovations. Two other Government amendments provide necessary definitions and make necessary adjustments to the long title of the Bill. The Government amendments provide a coherent and practical set of provisions. We wish to respond quickly to the opportunity to legislate now to bring in closed circuit television for child witnesses. The new clauses tabled by the hon. Member for Greenock and Port Glasgow are not workable as they stand, in the absence of a provision enabling cases to be transferred and doing away with dock identification. Accordingly, I invite the House to support the Government amendments.4.45 pm
I thank the Minister for responding as he did to my new clause 3. However, I wish to speak to new clause 1 which is also in my name. Incidentally, I shall not press new clause 3 as it was intended to elicit a comprehensive response from the Minister and I thank him for his positive response.
New clause 24 not only brings Scots law into line with English law in terms of section 32 of the Criminal Justice Act 1988, but is an improvement on that English legislation. I think that I am right in saying that there are now 22 English Crown courts with closed circuit television and that there is a fair geographical spread throughout England of what has become known as "CCTV". There is some confusion between closed-circuit television and video recordings. The Minister was talking about closed circuit television. My aim in new clause 1 is simple: to give added protection to children when they give evidence in criminal proceedings involving sex abuse or physical abuse. In the past 10 months, two major reports on this deeply troubling matter have been published in England and Scotland. I refer to Judge Pigot's Home Office advisory group's report on video evidence published in September 1989 and to the 125th report of the Scottish Law Commission entitled, "Report on the evidence of Children and Other Potentially Vulnerable Witnesses" which was published about nine months ago. In the context of new clauses 1, 2 and 4 and of the Minister's new clauses, English and Scottish legal systems have a good deal to learn from each other. I was much taken by the observations offered by Spencer and Flin in their book, "The Evidence of Children. The Law and the Psychology"—Spencer is a Cambridge fellow and Dr. Rhona Flin is a psychologist at the Robert Gordon's Institute in Aberdeen. In their book, published by Blackstone Press earlier this year, they said about evidence given by children:I believe that if the English were more familiar with our system of children's hearings, which was set up in 1971, they would establish something akin to that system in England. It is a matter of considerable regret to me that, despite a near consensus in the House, the Government have failed to use the Children Act 1989 as a step towards the creation of an informal system of courts south of the border. In that regard, England and Wales are some 20 years behind Scotland. However, in the matters dealt with by my new clauses Scotland lags behind England. The Minister is rectifying that to some extent in his new clauses. In support of new clause 1 and the use of video-recorded interviews with children as evidence, I intend to quote from both the reports that I mentioned. I am disappointed by the Minister's comments on the use of such video-recorded interviews as evidence. I understand that such legislation, involving the use of such video-recorded interviews, will be introduced south of the border. If that is the case, we shall again be lagging behind in Scotland. I confess that to draw up my new clause I plagiarised the draft Bill that was appended to the Scottish Law Commissioner's report. I make no apology for that, because, among other things, it has elicited a most heartening response on closed-circuit television from the Minister. I still hope to persuade the House on the need for a similar response to new clause 1. My aim is to lessen the appalling burden imposed on children, without harming the interests of the accused. I think that the Pigot report may lead to new legislation south of the border. On page 69, it states:"It is now almost 400 years since James VI of Scotland became James I of England, and nearly 300 years since the Act of Union: yet little knowledge about the Scottish legal system seems to have spread south of the Border. In Cambridge University Library there has been a copy of Dickson's classic treatise on the law of evidence in Scotland since 1864, and when the first author consulted it in 1989, he found that every page remained uncut!"
which is the English system—"We recommend that at trials on indictment for violent and sexual offences and offences of cruelty and neglect and at comparable trials in the juvenile courts"—
That is a radical proposal, but I accept it wholeheartedly. At page 18, paragraph 416, the Scottish Law Commission's report said:"video-recorded interviews with children under the age of 14 conducted by police officers, social workers or those whose duties include the investigation of crime or the protection of the welfare of children should be admissible as evidence. Where the offence charged is of a sexual nature this provision should extend to child witnesses under the age of 17".
This excellent report goes on:"On the whole matter we accordingly recommend: 10(a) where a child has been cited to give evidence in a criminal trial, whether under solemn or summary procedure, it should be competent, as an alternative to adducing the child as a witness in court, to take the evidence of that child on commission prior to the date of the trial or, exceptionally, during the course of the trial."
I heartily endorse that recommendation. The video-recorded interviews to which I refer are far removed from precognitions under Scottish law. Precognition is"(b) the taking of evidence on commission should, so far as practicable, take place in a room which is congenial and non-threatening so that the child may feel at ease during the proceedings."
That quotation is taken from "The Oxford English Dictionary", second edition, volume XI. "The Concise Scots Dictionary" simply states that precognition is"The preliminary examination of witnesses or persons likely to know about the facts of a case, in order to obtain, with a view to trial, a general knowledge of the available evidence; especially in criminal law, an examination by a procurator-fiscal of those who can give evidence regarding a crime or offence (in older practice conducted by or before a sheriff or other judge ordinary)".
Such precognitions are usually conducted by ex-police officers, but it is not unknown for others to carry out such work, even though they may have had no training. The video-recorded interviews provided for by my new clause 1 would have to be spontaneous and voluntary. They should certainly not be based on interrogation and they should not be conducted by over-zealous professionals. I recognise that there are major difficulties; they do not have to be pointed out to me by the hon. and learned Member for Fife, North-East (Mr. Campbell), or by my hon. and old Friend the Member for Glasgow, Garscadden (Mr. Dewar). Precognitions have always caused difficulties for our courts. I am reminded of Lord Justice Clerk Thomson's comment in Kerr v. H.M. Advocate, Scottish Law Times 1958, volumne 82. He said that"a statement made by a witness during this investigation."
As with precognitions, the interviews of children present problems because of their limited powers of conversation and their immaturity. In the Butler-Sloss report the observation is offered that"Precognosers as a whole appear to be gifted with a measure of optimism which no amount of disillusionment appears to damp."
this is the English judiciary—"Not all members of the judiciary"—
That comment, however, appears to be based on anecdotal evidence, perhaps obtained during conversations with fellow judges over a glass of sherry. No research evidence is offered in that report for the reservation concerning video-recorded interviews being used as depositions. The commissioner to whom the Law Commission refers would need to be chosen carefully, perhaps initially from the ranks of reporters to the children's panels. I have every confidence in their integrity. My hon. Friend the Member for Garscadden will readily agree with that comment, because he was employed for a short time as a reporter. Professionals of that kind could, in the early days, take on the role of commissioner in order to obtain such evidence. A young child is much better able to remember dreadful incidents shortly after the perpetrator has committed them rather than in a courtroom six, eight, 10 months, or even a year or 18 months later. That is why I say that video-recorded interviews should be used as evidence in such cases. I regret that we are dealing with these important issues on Report. They are worthy of lengthy and tough-minded debate. There are cases under investigation in Scotland to which I cannot refer because they are sub judice. However, they have aroused a sense of horror and repugnance among all decent-minded people throughout the land, despite the conservative reservations of lawyers. I have much respect for lawyers, despite some of the observations that I have made, but, by heavens, they form part of a conservative profession. They always offer, as the Minister has done, the classic conservative argument that the moment is not right for change, that the moment is not propitious. It is the classic argument of the conservative lawyer, irrespective of political affiliation. New clause 2 provides for the use of screens. Again the Scottish Office is lagging behind the English. I refer to Home Office circular 61/1990, published in August 1990. The title of the circular is"are in favour of video recordings."
That circular was sent to the clerk to the Magistrates' Courts Committee and to clerks to the justices, with a copy for the chairmen of the bench, for information. The circular has also been sent to the chief officers of police in England and to the chief probation officer. The circular says about screens:"Use of Screens in Magistrates' Courts."
"The purpose of this circular is to bring to the attention of courts a recent decision of the Court of Appeal on the use of screens in courts in cases of violence and/or sexual abuse involving child witnesses.
2. The Court of Appeal, in the case of R v X, R v Y, R v Z [1989] 'The Times' November 3 ruled that the use of screens was not unfair or prejudicial in order to prevent children from being intimidated by their surroundings.
If the measure is regarded as necessary for English children, why is it not necessary for Scottish children? During the summer recess, which was not all holiday for hard-working Members of Parliament, I examined—not with an architect's eye but with a shipwright's eye—all the court rooms in the sheriff courts in Edinburgh. On some occasions I sat in on cases. I have examined all the High Court courtrooms and the courtrooms in the sheriff court in Glasgow. That court must be the most modern in Scotland. God knows what the architects were thinking when they placed the witness box in each of those courts within 12 or 15 ft of the dock. 5 pm In those circumstances, young children may have to give evidence about members of their family—their nearest and dearest—within three or four yards of the accused. If the English can introduce screens and such a circular can be sent out by the Home Office, why cannot the Minister send a similar circular to Scottish sheriffs? On page 19, paragraph 4·17 the Law commission report says:3. Justices' clerks may also wish to be aware that the Advisory Group on Video Evidence, chaired by Judge Pigot, in its Report published in December 1989 recommended that screens should be used in proceedings in magistrates' courts in cases of violence against and/or sexual abuse of children. This would help child witnesses to bear the burdens of appearance in open court, cross-examination, face to face confrontation with the alleged perpetrator and repeated and unnecessary worry about matters which may be extremely distressing or even traumatic."
I recognise and reaffirm the distinctiveness of our legal system, but in this case we in Scotland have a good deal to learn from the English experience, just as they have a good deal to learn from our excellent system of children's hearings. Screens could be used in some of our courts and, given the architecture of those courts, they would provide an essential protection for children. As I have said, I have no wish to continue with new clause 3 in the light of the Minister's comprehensive new clauses. However, although I am heartened by the Minister's new clauses, I am deeply disappointed and saddened by his obduracy about the use of screens. He is a courteous and civilised adversary in debates, but, in the light of the Home Office circular to English magistrates, I am appalled at what appears to be a contradiction between what he said in the House last night—column 1060 of Hansard—about the use of video evidence and what he has said today. I am fairly confident that it is a genuine mistake. Like many other hon. Members and many people outwith the House, he has confused closed circuit television links with video recordings. I do not think that there is any such thing as a video link. He is talking about a closed circuit television installation that allows a child to give evidence while sitting in congenial surroundings in a room adjourning the court. There cannot be a video link in those circumstances. The video-recorded interview is a change. It has been argued for by police officers, police surgeons, social workers and the Royal Scottish Society for Prevention of Cruelty to Children. I visited the society's unit in the east end of Glasgow last week. It has a video camera with a two-way mirror. I do not know why they are called two-way mirrors because those being observed cannot see the observers. People such as Norman Dunning and Sam McTaggart of the RSSPCC should be allowed to interview a child following abuse or an assault. That interview should be used in its entirety as a production and should be admissible as evidence. The aim is to reduce the appalling distress that is inflicted upon children following such abuse. Apparently my new clause has some technical deficiencies, but, if the Minister were to produce something along similar lines, I believe that it would lead to a significant improvement in the rehabilitation and treatment of children caught up in horrendous circumstates. Also it might persuade mothers, in some cases the fathers, or those responsible for the care and protection of children to come forward so that the alleged perpetrator may be proceeded against. My response to the Minister is mixed. I am pleased with his new clause concerning closed circuit television, but I am deeply disappointed, indeed angered, over his obdurate response to my new clause 1. He still has a chance to change his mind about my new clause."we expressed considerable reservations about the use of screens as a means of concealing an accused from the sight of a child who is giving evidence in court. Those reservations were based, first, on a concern that screens might not in fact be effective in reducing a child's anxiety".
There was some laughter when the Minister said that he had consulted the hon. and learned Member for Perth and Kinross (Sir N. Fairbairn) about new clause 24. There was a voice from afar, a sort of thought transference, as the hon. Member for Tayside, North (Mr. Walker) told us of the hon. and learned Gentleman's support for this proposition. It meant no disrespect to the hon. and learned Member for Perth and Kinross, but the Minister has spent all his time in Committee disagreeing with him on everything and it seems odd that he should now pray in aid his agreement as a conclusive argument.
All advocates at the Bar will recognise that my hon. and learned Friend the Member for Perth and Kinross is an exceptionally experienced criminal lawyer. He has had immense experience in the courts. The hon. and learned Member for Fife, North-East (Mr. Campbell) has been his junior counsel, as have my right hon. and learned Friend the Secretary of State for Scotland and I.
I accept that. I do not wish to spend my time discussing the hon. and learned Gentleman's views except to say that I am not surprised that he supports new clause 24. I should have thought that he would have great doubts about new clause 26, which deals with identification procedures, but I shall come to that.
This is an important announcement. It has come late in our proceedings and I regret that, because we have no opportunity for amendment. My hon. Friend the Member for Greenock and Port Glasgow (Dr. Godman) might have made more progress if this had been carried out on a different timetable. I pay tribute to my hon. Friend, who, as we know, has long been involved in this matter. He has done an enormous amount of hard work and has shown tremendous interest and commitment in the cause of helping children through the stressful and difficult occasion of having to give evidence in court. The change in views must owe something to my hon. Friend's work and efforts. I speak perhaps from a prejudiced position. For a short period, I earned my bread and butter as a defence lawyer, practising mainly in the criminal courts. As a counterweight to that, I spent five years as a reporter to the children's panel, which might have given me a rather different perspective. I welcome the new clause on the use of television links to take the evidence of children. I hope that it will work well, because it is important to protect children in that difficult position. We have heard much about the Scottish Law Commission report, which was published in February and is the fundamental basis of this debate. I agree with my hon. Friend the Member for Greenock and Port Glasgow about the fundamental point made in paragraph 4·8, which says that there isThere were three available options, and I have some sympathy with the point about the reasons why one of the three has been selected. However, the Minister's argument was not clear on that point. The Minister should say more about pre-trial deposition, the use of screens and why it was decided not to proceed with them; there is some confusion. My hon. Friend the Member for Greenock and Port Glasgow made a strong plea on pre-trial deposition, but what he was advocating in his new clause is different from what the Law Commission advocated in its report. He kept saying that it is an excellent report and that it should be implemented, but the key to pre-trial deposition is that it is not just a recorded voluntary statement by the child but a formal examination of the child. A key factor recommended by the Law Commission was that there should be cross-examination of the child by the solicitors appearing for the Crown and defence which should take place at the latest possible date and as near to the trial date as is administratively possible. That is very different from what my hon. Friend was advocating. I do not want to enter into the details of that point because of the constraints on time, but pre-trial deposition can be interpreted in rather different ways. I sympathise with my hon. Friend the Member for Greenock and Port Glasgow about the use of screens and the Minister should say a little more about them. It came as a surprise to me that closed circuit television was now selected for debate in this way, and I stress the word "now", because, as anyone who has the most cursory interest in this matter will recognise, it has a curious history. Paragraph 4·28 of the Law Commission's report says:"a range of available options from which can be selected the one which appears likely to be the most beneficial in a given case."
that was the basis of its findings—"In the Discussion Paper"—
The Law Commission came down decisively against the proposition that it then advocated in its final report because, as I understand it, it reached the conclusion in paragraph 4·31 that"we suggested that live closed circuit television should not be introduced in Scotland as a means of enabling child witnesses to give their evidence. Our principal reason for reaching that conclusion was that we considered that a child who was too frightened to give evidence in court was unlikely to be any less frightened if required to sit in a distant room, surrounded by a mass of cameras and screens … No doubt in view of the negative position which we ourselves had adopted at that stage, the majority of consultees simply agreed with us without making any further comment."
Paragraph 4·29 says that English experience"a closed circuit television arrangement along the lines which we have described appears likely to be helpful."
It therefore reached its conclusions on the basis of English experience. I want to make a confession to the House which is probably shared by most hon. Members present: I have not seen the English experience in action. I do not know whether the Minister has done so; perhaps when he replies he will say whether he has. 5.15 pm I do not want to found too much on this, but perhaps as a corrective and a warning I say that we shall have to monitor this practice carefully. I have seen a report of a solicitor whom I know extremely well and who has very wide knowledge of these cases. He is noted for his work in welfare law and cases involving children. He recently visited Guildford Crown court—he showed much enthusiasm in doing so—and I have the report that he wrote for the benefit of the Law Society. He says that he visited that court in a positive frame of mind. He states that he is strongly in favour of reform and"has persuaded us, first, that a closed circuit television arrangement need not be obtrusive or threatening from the point of view of the child, and second, that it need not, and does not, present problems from the point of view of judges, counsel and, so far as can be ascertained, juries."
He mentions several technical difficulties that he witnessed and records the fact, in a rather legal phrase which may prejudice his testimony in some people's minds, that"Given that I approached this task in that frame of mind I was disappointed by what I saw at Guildford. The most abiding overall impression is that the use of the live television link is very obviously more conducive to an inquisitorial process and is very much out of place grafted on to adversarial proceedings."
He backed that up from what he saw in that court. That is one of the difficulties. We are trying to produce such an atmosphere, but, as was fairly acknowledged by my hon. Friend the Member for Greenock and Port Glasgow, the balance must be maintained, and it is sometimes difficult to achieve that. I do not want to quote that report at length, because it would not be fair to do so, but it is clear that that solicitor, having seen the system in operation, took a rather different view from the Law Commission. We shall obviously have to monitor these matters carefully, although I am certain that we are right to try to strike at the problems of children giving evidence and to create an atmosphere that is fairer and will put them more at ease. We tend to argue these matters in the context of child abuse cases, but the Government's proposal is available—I stress the word "available"—for any witness under the age of 16. It is perhaps not always true to say that it will be used for a small child who perhaps has been sexually abused by a member of the family. My hon. Friend the Member for Greenock and Port Glasgow mentioned the excellence of the report, but he will not have forgotten that in paragraph 4·7 the Law Commission states:"There is no doubt that the use of this television link system generates an aura in the court which is not conducive to a vigorous defence case."
I find that a little disappointing. If the Law Commission is right, such new techniques or procedures may not make as big an impact as perhaps some people expect. I suspect that most of the evidence that is given by children about sexual abuse, perhaps in the home and involving members of their family, will be given not in criminal trials but in children's panel hearing proofs. Although that is not a criminal trial, and although some courts try to put the child at his or her ease, many of the inhibitions and the problems that will exist for the child giving evidence would exist for him giving evidence in a criminal charge. The effect for the child in terms of what may happen and whether he may continue to live at home is perhaps just as traumatic and drastic. We may have to consider how we run our children's hearing proofs because that may become a matter of some importance. Does the Minister intend to accept the Scottish Law Commission's recommendation in paragraph 4·40 that guidelines should be laid down for the courts on when these television arrangements should be used? Perhaps he feels that it would be better to leave the matter entirely to the discretion of the courts. The hon. Gentleman should say something also about the Scottish Law Commission's recommendation that, if this system is used, it must be founded on an application before the trial by one of the parties to the trial, be it the Crown or the defence. Presumably, some thought has been given to that aspect. It would be useful to know whether a pre-trial application must be made and when this system will begin to operate. The report on the Guildford Crown court proceedings referred to a child who was in a separate room with someone who knew that child—I was going to say "minder" but it sounds a little inhuman. In that case, it was the mother. The counsel who conducted the examination-in-chief and cross-examination remained in the courtroom. I gather that in Canada counsel go into the room with the child and the whole case is examined there. This is a fundamental difference in approach. I suspect that some of the difficulties on which my colleague reported in the Guildford case may have arisen from the fact that there was a preference for counsel on both sides to speak "from afar" through the television mechanism."Any new techniques or procedures will, we anticipate, be required in a relatively small number of cases."
One can think of variations. Why not put the accused person or persons in a room adjoining the court, with links to the courtroom? One can think of a number of ways in which life can be made much easier for the child without harming the interests of the accused.
That matter can be discussed. It is a fairly basic principle—this may sound like a lawyer's point—that an accused man or woman is entitled to be present throughout his or her trial. If that person is in another room with a television link, there might be problems. However, I take my hon. Friend's point. All these matters can be discussed.
New clause 26 will be of particular concern to many people involved in court work because it involves identification of the accused. Paragraph 3·7 of the Scottish Law Commission report states:If this is an essential matter, careful arrangements must be made to ensure that identification can be fairly tested and challenged by the defence if it wishes. I recognise that "dock identification"—to use the Scottish Law Commission's words—has been in disfavour in England and Wales since 1914 and I recognise all its shortcomings. I have often been struck by the fact that it is not very difficult for a person to know who he is supposed to identify if the other person is sitting in the dock between two policemen. Memory may be unreliable after a period has passed and not be as sound when the trial comes around. Identification is important. I accept that in many of the cases in which this procedure may be used, involving allegations of child abuse within a family, identification may not be a big issue. But for all that, there is a much more wide-ranging power in new clause 26 and we must pay some attention to it. The Scottish Law Commission dealt at some length with this matter and concluded that in a case where there was identification parade evidence or some other recognised identification procedure—perhaps involving a young person and identification from a group of photographs—evidence of that should be lodged as a production 14 days before the trial. The Scottish Law Commission concluded that, during the period before the trial, the defence should have the right to challenge, and if that evidence were challenged presumably identification would have to be made during the trial in a more traditional fashion. That may seem a little clumsy. Clearly, an attempt was made to ensure that there was a right of challenge. New clause 26 states that where"The identification of an accused person as the perpetrator of an alleged offence is always an essential matter which the prosecution requires to establish in the course of a trial."
How does the defence challenge that identification? The Minister must address himself to that point. The defence can challenge the third party who is giving evidence, but the third party is not the primary person involved. Is it envisaged that, in those circumstances, the child can be cross-examined? Presumably, one would be able to cross-examine the child about the circumstances in which he made the identification. It is important to establish exactly what is envisaged because the identification may be vital in some cases. Even in sexual abuse cases, assumptions may be made about who is responsible. In my experience, such assumptions are not always justified. Another person may have been responsible, even if the incident took place as described. We all know that identification can be shaken. I know even from my limited and lowly experience in the sheriff court that identification has been decisively shaken under cross-examination in terms of the jury's decision. I am concerned about new clause 26. I recognise that we do not want to put undue pressure on a child, but some cases relate to charges that are peculiarly damaging to the reputation of the accused and have disastrous consequences. We must be careful to ensure that there is a right to challenge identification evidence. I am not sure whether, on the face of new clause 26, that will apply as well as the Minister would like. I hope that he will comment on that matter. My fears may be exaggerated. For example, there may be a pre-trial application by the Crown to protect a child. The defence may say, "The essence of our defence is that my witness was not involved. There has been a mistake in identification." The court may take that information into account in deciding whether this procedure is entirely appropriate. There is a difficult balance to strike and there are unanswered questions about the identification issue. I have taken enough time to express some of my anxieties. We are right to go down this road. I have some sympathy with the screen proposal. I feel that much more work should be done on the matter of pre-trial depositions than is possible during these truncated proceedings. I hope that what the Minister offers will protect the child, remove the threatening majesty of the system, allow the child to speak more freely and in a more relaxed fashion and allow the court to get the truth with more certainty, which is the point of the exercise. It is difficult to strike a balance, but I am happy with the idea that we should introduce these provisions, that we should monitor them carefully and that we should learn from experience and consider what further steps are necessary."the child gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the child prior to the trial shall be admissable as evidence as to such identification."
I have grave reservations about these provisions. Those reservations are in no sense ameliorated by the fact that we are discussing these matters against the background of a time restraint. What we are discussing represents a substantial innovation in criminal procedure and the law of evidence in Scotland.
The hon. Member for Greenock and Port Glasgow (Dr. Godman) spoke with great sincerity and on the basis of considerable analysis and work. I hope that the hon. Gentleman will not think that my reaction is the automatic reaction that one might expect from someone involved in the law. I do not claim to have the experience of defending in the criminal courts that the hon. and learned Member for Perth and Kinross (Sir N. Fairbairn) has, but I have had the advantage of prosecuting and defending and I suspect that that may entitle me to claim a rather more rounded view of the difficulties to which the new clauses may give rise. The hon. Member for Glasgow Garscadden (Mr. Dewar) has referred to some of those difficulties already. But it is also important to realise that new clause 24 applies not simply to cases involving assaults on children, as its language makes plain. It says that the court will have the power available to itThat means any trial. 5.30 pm There may well be cases in which it is not the prosecution but the defence that seeks to take advantage of the new clause. The defence may judge it in the interests of the accused to create the kind of artificiality to which we shall undoubtedly be subjected if the child is in another room while the proceedings of the court are taking place in the courtroom. One important issue has not been addressed so far. The accused person is not represented by counsel or solicitors in every case; he may choose to represent himself. In such cases, the court is slow to allow anything to happen that may be prejudicial to the accused by reason of the fact that he or she is not legally represented. It has been suggested that we might follow the Canadian model and have counsel or solicitors in the same room as the child witness. The whole purpose of the new clause would be defeated if the accused was representing himself and went with the prosecutor to the room where the child was being kept. The proposal is by no means straightforward. Moreover, one should not underestimate the difficulties for the prosecutor if the child is to be kept in a room away from the court. Often a stage is reached in a child' evidence at which, for a whole variety of reasons—some of which have been canvassed—the child becomes reluctant to continue and needs to be prompted. Those who have prosecuted in cases that involve children giving evidence know that there are certain devices that one can use. One may adopt a slightly different tone. Within the bounds of proper questions, and not transgressing by the use of leading questions, one may remind the child of some factor that may persuade him to remember his evidence. We should not discount, or be unaware of, the difficulties that may be caused to both prosecution and defence in the ordinary conduct of criminal proceedings if those proceedings are conducted in accordance with the new clause. The new clause lists a number of factors that the court must take into account in considering whether to allow such an application. Absent from that list of factors is something that is an essential feature of all criminal proceedings—fairness to the accused. As the hon. Member for Greenock and Port Glasgow said, the purpose of this innovation is to prevent children from having to suffer the additional traumatic effects of having to give evidence about extremely unpleasant events in which they may have been involved. But however laudable and desirable that purpose may be, it must always he subordinate to our overriding purpose, which is to convict the guilty and to ensure that the innocent are not convicted. The absence of any reference to fairness to the accused in the critieria set out in the new clause is certainly worthy of note and, in my view, gives rise to some concern. Like the hon. Member for Garscadden, I am especially apprehensive about the effect of new clause 26. I intervened in the Minister's opening remarks to say so, and you, Mr. Deputy Speaker, had to chide me for the length of my intervention. It was only a reflection of my concern. Suppose that, on a previous occasion, a child has identified someone who is subsequently charged and who is an accused person in criminal proceedings. It would appear that, however informal the circumstances were, and whatever the nature of the relationship between the child and the person to whom the identification was made, it would be open to that person to come to the court and say that that identification was made. Those of us who have participated in criminal trials involving children know that there is the constant fear of coaching. Such an identification may well have been made in response to a series of leading questions—to questions of an interrogatory nature and questions that might contain some threat or inducement. Nevertheless, the identification would become admissible in evidence. Moreover, under new clause 26, the fact of the identification having been made would still be a matter on which the child, and the person to whom it was made, could be cross-examined. No doubt the Minister has given careful consideration to the cases of Muldoon v. Her Majesty's Advocate and Bennett v. Her Majesty's Advocate and will know the extent to which the High Court of Justiciary has departed from the apparently inflexible rule that identification could be carried out only in the presence of the accused in the course of the proceedings. But I wonder whether careful consideration was given to the effect that this new clause, which is designed to protect children, would have and to the extent to which it may innovate in respect of the principle of fairness to the accused person."where a child has been cited to give evidence in a trial".
I apologise for not having been here throughout the debate.
I support new clause 24 because I think that it represents the best way of not putting odium upon an accused person. The protection of the accused lies in the fact that there must be an application to justify. It is not a matter automatic; the procedure must be justified by application to the court. That is most important. I should also like to bring to the attention of the hon. and learned Member for Fife, North-East (Mr. Campbell) something that I did not know until last week. Apparently, in England, an identification in court—which I have always thought pretty suspect—is not valid.On the latter point, I have never known the hon. and learned Gentleman to be anxious to import into the procedure of the law of Scotland things that take place in England. At the centre of our criminal procedure has been the fact that identification must be live identification, although that was watered down to some extent by the views expressed by the court in the case of Muldoon v. Her Majesty's Advocate.
In respect of new clause 26, I have tried to illustrate the kind of difficulties that may arise when one embarks on an innovation in the established procedures. The motivation behind such innovations may be of the best but they may raise important and significant issues of principle none the less. I understand that, as the hon. and learned Gentleman said, any application under new clause 24 can be granted only by a court if an application is made to it. The language of the new clause states "on cause shown". I understand that, but, as I said before the hon. and learned Gentleman joined us in the Chamber, fairness to the accused must stand at the centre of our criminal proceedings. My concern is that the absence of an express reference to that among the factors that the court must take into account is a serious omission. The mood of the House, the country and those who are concerned with these matters is that something should be done to try to assist the giving of evidence by children. It would be churlish and small-minded to try to stand out against that. However, as the hon. Member for Garscadden seemed to imply, I believe that we are embarking upon a substantial innovation that may well give rise to difficulties of which we have not yet conceived in the short time available for our debates. In those circumstances, there is a substantial obligation on the Minister to give an undertaking that there will be the most careful monitoring of what takes place. On the issues of identification and the effective representation of an accused person, we need an undertaking that those matters will be examined with great care to ensure that no prejudice arises. It would be most unfortunate if, in our anxiety to do well by children, either through inadvertence or omission, we created circumstances that caused great unfairness to accused persons. As has been said many times, it is a question of balance. I am prepared to take a bet on the balance being established by these provisions. None the less, I feel it important to enter these reservations and to urge the Minister to ensure that this innovation in our law does not pass unmonitored and that its effects are properly taken into account and understood.I intend to be brief, Mr. Deputy Speaker. I wish first to congratulate the hon. Member for Greenock and Port Glasgow (Dr. Godman) on his assiduous work over a considerable period, which has brought this matter eventually to the Floor of the House. It is a pity that we did not have an opportunity to explore this issue in more detail in Committee, because this is a significant innovation. I share the hon. Gentleman's concern because I, too, do not belive that the provisions go far enough. I share his disappointment that pre-trial video depositions are not to be introduced because that would have been a major step forward.
I listened with great interest to the hon. and learned Member for Fife, North-East (Mr. Campbell). I found it difficult to understand many of his technical legal arguments. He seemed extremely pessimistic about the venture upon which our legal system is now embarking. We have a responsibility to take such steps forward. My background is in social work training. Anyone who has read case studies of children who have been physically or sexually abused knows the trauma through which those children have lived and which they are asked to relive time and time again when asked to give evidence. This week, many people have been thinking about the horrendous case of the 11-year-old girl who was raped in a ward at St. Helier hospital. We must think of the trauma that that girl and her family have undergone. In similar circumstances in Scotland, we would want to ensure that that child and her family would be spared as many difficulties as possible when bringing the accused to justice and to ensure that it never happens again. From a humanitarian point of view, the provisions are a step forward for children in our society. I not only wish the new clause every success, but hope that its provisions will be extended to take account of the other points raised not only by the hon. Member for Greenock and Port Glasgow, but also by the Scottish Law Commission. The Minister said that television circuits would be introduced first in Edinburgh and Glasgow. When will that happen? The hon. Gentleman also mentioned monitoring. How long does he envisage the monitoring period lasting? Will it be for a short period or for two or three years? I should like to know how long it will be until a final decision is taken. We should also like to know who will decide whether the experiment has been a success, and the criteria for deciding whether it is a success or a failure. I know that the Minister will respond positively—I can tell by the look on his face that he intends to refer to these important points. Many people in Scotland are waiting to hear the exact details of his proposals.5.45 pm
I begin by congratulating my hon. Friend the Member for Greenock and Port Glasgow (Dr. Godman), without whom I am sure that the House would not be discussing these issues. I also want to put on record my great condemnation of the fact that this House saw fit to discuss such relative trivialities as the conduct of the financial affairs of charities for many days in Committee, and yet something as important as this issue has been pushed in at the tail end of our consideration. That is a deplorable sense of proportion. I hope that, when the House is considering a future Scottish law reform Bill, it will give such issues far greater prominence.
I agree with my hon. Friend the Member for Greenock and Port Glasgow that screens could be an important and valuable part of setting a child at ease, reassuring him or her, and making it possible for the child to feel less fear. I hope that we shall see some progress on that in the future. On the issue of the stage at which a child should be interviewed, I accept that both prosecution and defence must cross-examine the child in the interests of justice. However, I do not understand why anyone should think that that cross-examination should invariably take place as near as possible to the date of the trial. I should have thought that, in most cases, the nearer the date of the interview, carried out by both sides, to the events being complained about, the better. Obviously, when the child already knows the person or persons who are accused, recognition of those individuals is irrelevant. However, when the accused persons are not known to the child, it is clear that the sooner the proceedings take place after the event the more likely it is that the child will properly be able to recall events and to recognise those concerned. I was once a witness to a crime and reported the person to the police as having long, greasy red hair, of slim build and about 5 ft. 6 in. tall, but if that person had turned up in court a year later with his hair cut and washed and wearing different clothes, I might not have recognised him if he had not been standing in the dock. It is nonsense to expect a child—possibly a young child—to have clear recall many months after an event. I turn now to the claim that children never tell lies. They are not capable of telling lies involving events that are outside their experience. A child cannot invent something which he or she has never encountered, because a child could not recognise such things. Children do not invent things that they could have learnt about only from pornographic magazines, for example, if they have never set eyes on them. That means that children are likely to be telling the truth. In the Cleveland controversy, in their anxiety to protect persons from unjust accusations, some people were far too prone to go around saying that children generally tell lies about such events. For the reasons that I have explained, I do not believe that. Although I accept that, in justice to the accused person, the questioning must be partly adversarial, it should be carried out in such a way as to ensure that it is a seeking out of the truth. The adversarial aspect of a normal trial might rattle and unsettle a child and cause him to keep silent. That is to be deplored and it must be avoided. Not enough account has been taken of the fact that it is not only the court that might intimidate a child. A child witness in a high court or a sheriff court might have to travel a long way to take part in a trial and might have to stay overnight in an unfamiliar setting. He might have to have breakfast in an hotel dining room and sleep in a strange bed—all that can be unsettling, as any parent will know. Since little can be done about these unsettling events, it is all the more important to try to create as much of an atmosphere of confidence as possible for the child. I was interested to receive in my mail this week—most hon. Members must have received it too—a newsletter from the Scottish Child Law Centre. It contains an inquiry page on which a social worker dealing with a number of abused children who would be appearing in court to testify had asked the writers of the publication what could be done to ease the position of such children. We have already heard about a memorandum that came out in the summer describing some improvements which have already been made, such as people no longer wearing wigs and gowns, but I think that the advice given to the social worker shows that there is a long way to go yet. It was thatSuch inconsistences must be reduced as much as humanly possible. It should not be left to a judge to decide how he or she should approach the protection of child witnesses. I hope for some code of practice on such matters. The same publication goes on to refer to a Crown office leaflet entitled "Going to Court", which can be helpful, and to a leaflet which is apparently used for children in English courts, entitled "Susie and the Wise Hedgehog go to Court". It seems that that could be used to some extent in Scotland, and such publications should be used for the benefit of young children. In rarefied debates such as this, we often forget about the language in which young children think. All these aspects must be examined much more thoroughly than is possible in these circumstances. The fact that so many judges are elderly and upper class shows the chasm between them and children who may speak broadest Glaswegian. They may not be able to communicate with each other at all. I agree with other hon. Members that these measures must be carefully monitored. I hope that, next time we discuss Scottish law reform, we shall draw up a comprehensive programme on how to deal with children in Scottish courts and make it an important part of future Scottish legal legislation, instead of treating the subject at the tail end of a Bill as if children hardly mattered."preparation can sometimes be difficult because of lack of consistency in approaches by judges to the protection of child witnesses".
This has been an important debate in which the need increased protection of children has been accepted.
The hon. and learned Member for Fife, North-East (Mr. Campbell) asked whether television links were novel. They are not; they are already used in England and Wales, and we shall monitor them carefully. All courts will be directed in matters concerning fairness to the accused and the interests of justice in all criminal proceedings, so these aspects do not need to be expressly provided for. I agree about the importance of identification, which the hon. and learned Gentleman and the hon. Member for Glasgow, Garscadden (Mr. Dewar) mentioned. At pre-trial identification, the accused will have the right to be represented, but if his representative wishes to challenge the identification at the trial he is free to do so, and if necessary to examine the child on the identification procedures. Informal identification is admissible, and the court can take that evidence into consideration, but it is not required to believe it or to decide the case in accordance with it. The court must weigh the evidence. I have not seen the television rules in operation in England, but my Scottish Office officials certainly have. We shall draw on their assessment and make certain that the procedures and equipment operate effectively in Scotland. The Guildford courts use voice-activated television rather than fixed television, and that confirms the need for careful monitoring. I was asked whether the procedures would be applied to proof before a children's hearing. The answer is, not at this stage. We have decided that it is appropriate in the first instance to introduce the live television link procedure for child witnesses in criminal trials, but we shall have to monitor that closely, too. There are views that screens do not operate effectively to reduce a child's anxiety, so the Government want to proceed initially relying on the Lord Justice General's memorandum and advice to judges, and also on live video links. Screens can be used at present with the consent of the accused and the defence. Evidence on commission is a judicial deposition. There may be difficulties in taking the child's evidence in parts. We think it better in the meantime to take all the evidence at the trial, if necessary using television links. Subject to consultation with the judiciary, the starting date in Edinburgh and Glasgow will be 1991; and thereafter, following monitoring, throughout Scotland. The hon. Member for Garscadden asked about regulation. It can be done by Act of Adjournal as appropriate. I was asked whether counsel would be in a court room or in a side room with a child. Counsel would remain in the court room. The television link would provide the link between the court room and the adjacent room where the child was. I was asked about the Home Office circular which follows an English appeal about the use of screens in English courts. In Scotland, screens have been used successfully with the consent of the accused. New clause 24 provides for the court to determine whether these circumstances are appropriate to the use of these special procedures. Before the court reaches a decision, it will have to consider an application from one of the parties, and it will be open to the other party to seek to oppose the application if he or she so wishes. If the application is granted and one of the parties subsequently considers that the trial was not fair, it would be open to that party to lodge an appeal. This is a major step, and I think that we are right to take it, but we are also correct to proceed cautiously, because we must consider not only the protection of the child but also fairness to the accused.Question put and agreed to.
Clause read a Second time, and added to the Bill.
New Clause 25
Transfer Of Cases In Which Child's Evidence Is To Be Given Through Television Link
'.—(1) Where a sheriff to whom an application has been made under section ( Evidence of children through television link in criminal proceedings) of this Act would have granted the application but for the lack of accommodation or equipment necessary to achieve the purpose of the application, he may by order transfer the case to any sheriff court which has such accommodation and equipment available, being a sheriff court in the same sheriffdom.
(2) The sheriff court to which a case is transferred under this section shall be deemed to have granted an application under that section in relation to the case.'.— [Lord James Douglas-Hamilton.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 26
Identification Of Accused By Child
'. Where a court has, or is deemed to have, granted an application made under section ( Evidence of children through television link in criminal proceedings) of this Act in relation to a child cited to give evidence in a trial, and the child gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the child prior to the trial shall be admissible as evidence as to such identification.'.— [Lord James Douglas-Hamilton.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 27
Interpretation Of Sections (Evidence Of Children Through Television Link In Criminal Proceedings), (Transfer Of Cases In Which Child's Evidence Is To Be Given Through Television Link) And (Identification Of Accused By A Child)
'. In sections (Evidence of children through television link in criminal proceedings), (Transfer of cases in which child's evidence is to be given through television link) and ( Identification of accused by a child) of this Act, unless the contrary intention appears—
- 'child' means a person under the age of 16 years;
- 'court' means the High Court of Justiciary or the sheriff court; and
- 'trial' means a trial under solemn or under summary procedure.'—[Lord James Douglas-Hamilton.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 28
Criminal Jurisdiction Of Sheriff Court
'. The following subsection shall be inserted at the end of each of sections 3 and 288 of the Criminal Procedure (Scotland) Act 1975 to form subsection (4) and subsection (5) respectively of these sections—
'( ) Where an offence is alleged to have been committed in one district in a sheriffdom, it shall be competent to try that offence in a sheriff court in any other district in that sheriffdom.'—[Lord James Douglas-Hamilton.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 29
Execution Of Documents By Companies
'.—(1) For section 36B of the Companies Act 1985 (execution of documents: Scotland) there shall be substituted the following section—
"Execution Of Documents: Scotland
36B.—(1) This section has effect in relation to the execution of any document by a company under the law of Scotland on or after 31 July 1990.
(2) For any purpose other than those mentioned in subsection (3) below, a document is validly executed by a company if it is signed on behalf of the company by a director or the secretary of the company or by a person authorised to sign the document on its behalf.
(3) For the purposes of any enactment or rule of law relating to the authentication of documents under the law of Scotland, a document is validly executed by a company if it is subscribed on behalf of the company by—
notwithstanding that such subscription is not attested by witnesses and the document is not sealed with the company's common seal.
(4) A document which bears to be executed by a company in accordance with subsection (3) above is, in relation to such execution, a probative document.
(5) Notwithstanding the provisions of any enactment (including an enactment contained in this section) a company need not have a common seal.
(6) For the purposes of any enactment providing for a document to be executed by a company by affixing its common seal or referring (in whatever terms) to a document so executed, a document signed or subscribed on behalf of the company by—
shall have effect as if executed under the common seal of the company.
(7) In this section "enactment" includes an enactment contained in a statutory instrument.
(8) Subsections (2) and (3) above are—
(2) Where, on or after 31 July 1990 and prior to the coming into force of this section, a document was signed or subscribed, in accordance with section 36B(2) of the Companies Act 1985 (as inserted by section 130(3) of the Companies Act 1989), by—
that document shall be deemed to have been validly executed by the company or body corporate in accordance with subsection (2) of section 36B of the 1985 Act as substituted by subsection (1) above.
(3) Where, on or after 31 July 1990 and prior to the coming into force of this section, the presumption in section 36B(3) of the Companies Act 1985 (as inserted by section 130(3) of the Companies Act 1989) applied in relation to a document, that document shall be deemed to have been validly executed in accordance with subsection (3) of section 36B of the 1985 Act as substituted by subsection (1) above, and subsection (4) of that section as so substituted shall apply to the document as if it bore to be so executed.
(4) For the avoidance of doubt, in determining, for the purposes of subsection (3) above, whether the presumption in section 36B(3) of the Companies Act 1985 (as inserted by section 130(3) of the Companies Act 1989) applied in relation to a document, the reference in section 36B(2)(b) of the 1985 Act (as so inserted) to the last page shall be construed as a reference to the last page of the document excluding any inventory, appendix, schedule, plan or other document annexed to the document.
(5) Any reference to section 36B of the Companies Act 1985 (however expressed) in any enactment (including an enactment contained in a statutory instrument) shall be construed as a reference to section 36B of that Act as substituted by subsection (1) above.'— [Lord James Douglas-Hamilton.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss Government amendments Nos. 129 to 135.
The clause has the full support of the Law Society of Scotland. It deals with a complex legal point. It has unanimous support, and it is important for lawyers' practising in commercial law in Scotland.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
We now come to new clause 5. I call Dr. Norman Godman.
With a heavy heart, not moved.
New Clause 9
Procedure At Trial Of Persons Suffering From Mental Disorder
'(1) Sections 174 (Insanity in bar of trial or as the ground of acquittal) and 376 (Power of court to order hospital admission or guardianship) of the Criminal Procedure (Scotland) Act 1975 shall be amended as follows—
(2) After subsection (3) of section 174 there shall be inserted the following subsection:—
"(3A) An Order made by a Court in pursuance of the last foregoing subsection, concerning the detention of a person in a State hospital or such other hospital specified, shall cease to have effect if the person the Order refers to is reprosecuted and the case disposed of by a Court."
(3) After subsection (1) of section 376 there shall be inserted the following subsection:—
"(1A) An Order made by a Court in pursuance of the last foregoing subsection, concerning the detention of a person in a hospital or the placing of a person under the guardianship of a specified local authority or person, shall cease to have effect if the person the Order refers to is reprosecuted and the case disposed of by a Court.".'.— [Mr. Menzies Campbell.]
Brought up, and read the First time.
6 pm
I beg to move, That the clause be read a Second time.
I shall try to adopt the spirit of the proceedings. The clause is important but I shall try to deal with it briefly. It seeks to address an issue that has been brought to my attention by Dr. Derek Chiswick, an eminent consultant forensic psychiatrist at the Royal Edinburgh hospital. It seeks to deal with the circumstances that may arise If an accused person is found insane in bar of trial under solemn procedure and is thereafter automatically committed to the state hospital at Carstairs without limit of time by virtue of the provisions of section 174 of the Criminal Procedure (Scotland) Act 1975. When such a person subsequently becomes sane and fit to plead, he may be brought back to be reprosecuted. However, there is now an automatic procedure whereby the original hospital restriction orders are terminated after reprosecution. Thus it may be the case that accused persons acquitted after reprosecution could, theoretically at least, find themselves still liable to be detained without limit of time in the state hospital at Carstairs. Along with two other eminent colleagues, Dr. Chiswick has written a helpful article on this matter in the Psychiatric Bulletin 1990, volume 14, pages 208–10. That article sets out precisely the kind of circumstances to which I have referred and draws attention to two cases, one arising from proceedings in December 1986 at the High Court in Edinburgh and the second in January 1985 at the Dunoon sheriff court. In each of those cases there was reprosecution. In the first case the accused was acquitted by reason of the judge determining that there was insufficient evidence against her to allow the case to continue and the prosecution to proceed. The second case was slightly different, but in both cases it was necessary for the Secretary of State to authorise an absolute discharge some time after the second set of proceedings had been concluded. I understand that in England and Wales there is a power, similar to the one sought by the new clause, in the Criminal Procedure (Insanity) Act 1964. As the Minister will readily appreciate, the new clause applies not only to solemn proceedings but to summary proceedings. That is precisely the kind of issue which a Law Reform (Miscellaneous Provisions) Bill should address, and it should find favour with the Minister because it involves what I suppose one might describe as a tidying up of the legislative situation in Scotland. Such a situation has not arisen in England because of relevant statutory provisions. I urge the Minister to give the new clause a favourable reception. It can hardly be regarded as contentious and would remove a statutory anomaly which the two cases referred to by Dr. Chiswick and his colleagues plainly demonstrate is urgently required.The hon. and learned Gentleman has raised an extremely interesting matter. I have considerable sympathy with what he is trying to achieve and there is some force in the new clause. I shall look carefully at the matter with a view to dealing with it comprehensively at an appropriate time in the future. I am grateful to the hon. and learned Gentleman for raising the matter.
If the Minister would give a little more urgency to
I should be satisfied, because cases clearly have arisen and may be likely to arise at any time. The longer the delay, the more likely is the continuation of this statutory anomaly. If the Minister will inject a note of urgency into his undertaking, I shall not find it necessary to press the matter."an appropriate time in the future"
We shall do our best in the light of what is possible.
I do not wish to be seen as unreceptive to the Minister's generosity but he could do a little better than that. He is like the drowning man, and I offer him a third and last opportunity to say that the matter will be treated urgently.
I cannot commit the Government to immediate legislation. I do not know exactly what will be in the Queen's Speech, although its terms will soon be revealed. Obviously, we shall do our best.
I accept that. I beg to ask leave to withdraw the motion.
Motion and clause, by leave, withdrawn.
New Clause 19
Setting Aside Of Convictions
'In section 453 of the Criminal Procedure (Scotland) Act 1975 (consent of prosecutor to set aside the conviction) the words in subsection (3) "not exceeding £40·00" shall be deleted and the words ", the amount of which to be decided at the discretion of the Court," added.'.— [Sir David Steel.]
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
I express my gratitude to Mr. Speaker for selecting this new clause. It was not in the provisional selection list yesterday, but Mr. Speaker paid some heed to my representation which was, in short, that one of the purposes of our being here at all is to seek the redress of grievances. The new clause seeks such a redress which cannot be achieved for one of my constituents, whose case I shall shortly outline. However, it will be of benefit to others who find themselves in a similar position. Time is short and I shall not go into the details of the case. Suffice it to say that in 1987 a constituent living in Melrose was convicted in the Clydesdale district court in Lanark on a charge of speeding. Some two years later it came to light that the conviction was an error and should not stand. He then received a letter from the procurator fiscal in Lanark setting out the procedure to be adopted in order to appeal by way of bill of suspension. It was explained to him that the procedure is laid down in section 453 of the Criminal Procedure (Scotland) Act 1975. That is the section which I seek to amend. This is the only procedure that Parliament has provided for such cases where a conviction is in error and the Crown, like everyone else, must follow it. The procedure is relatively straightforward. In particular, the parties do not require to be heard in a court at all and the matter can be dealt with expeditiously by a judge sitting in chambers. Section 453(3) of the Act allows expenses not exceeding £40 to be awarded to the appellant and paid by the Crown. My constituent pursued this procedure and his solicitor's fees were a not unreasonable £170. He was therefore out of pocket in achieving the lawful redress of his grievance which Parliament has allowed. I took the matter up with the Lord Advocate and had a helpful reply from the Solicitor-General. It states:I received that letter during the summer recess. It seems wrong to allow a miscellaneous provisions Bill of this kind to go through the House without taking the opportunity to put this matter right since it is acknowledged by the Crown Office that an amendment should be made. The 1975 Act allowed for expenses of £20 and by statutory instrument in 1984 that was raised to £40. I am assured by those who know about these things that inflation alone means that in real terms £40 in 1984 should now be £150. My basic point is why we have a fixed sum in the principal Act at all. My proposal is that the expenses awarded to an aggrieved person should be at the discretion of the court. I do not think that that discretion would be used irresponsibly. The new clause is a sensible amendment to the criminal law of Scotland and the House should seize the opportunity to adopt it."I recognise that in fact your constituent was left out of pocket. I have noted this point and can reassure you that any future review of procedure will consider whether this particular aspect can be further simplified in some way."
The right hon. Member for Tweeddale, Ettrick and Lauderdale (Sir D. Steel) described the position accurately. I was interested to hear the details of his constituent's difficulties. The amount of compensation—£40—was set by statutory instrument in 1984, and the time may have come to review that figure. When it was set, it represented an appropriate limit on expenses. In the light of the circumstances mentioned, I propose to consider—in consultation with interested parties and taking account of the terms of the 1975 Act, which enables the Secretary of State to substitute a new sum, having regard to the changes in the value of money—what adjustment is necessary by means of a further statutory instrument.
The right hon. Gentleman wanted me to go a little further and consider whether this matter could be dealt with more thoroughly by further legislation. I will consider that matter in the future, but the immediate option is a statutory instrument, and that can be proceeded with relatively quickly.I shall press the Minister on two points. First, this is not compensation—the hon. Gentleman may have made a slip of the tongue—because we are talking about the expenses incurred by an aggrieved individual in seeking redress of a grievance. My contention is that, within reason, these expenses should be met. It is far better for a court to judge that matter than for the House to judge it in abstract.
Secondly, if I simply accept the Minister's assurance on a statutory instrument, I shall not have done my duty. We all know the pressure on both the Scottish Office and the time of the House. How do we know when a statutory instrument will be introduced? The erosion of money values since 1984, when the matter was last examined, is serious. Would it not be more simple to accept the principle that the court should determine the right limit on expenses, rather than establishing a sum that has to be constantly updated by statutory instrument? I hope that the Minister will give me a rather more cheerful reply.I hope that we can introduce a statutory instrument before too long. There should be no problem.
On the second point, before we introduce any legislation, it will be necessary to consult the interested parties. The right hon. Gentleman has raised relevant points and we shall consider them carefully.Is the Minister saying that a statutory instrument will be introduced fairly quickly?
Yes.
On that basis, I beg to ask leave to withdraw the motion.
Motion and clause, by leave, withdrawn.
Clause 59
Blood And Other Samples In Civil Proceedings
I beg to move amendment No. 102, in page 63, line 7, leave out 'direct' and insert 'request'.
With this it will be convenient to take Government amendments Nos. 103 to 107.
These are technical amendments on DNA, and I commend them to the House.
I accept that these are technical amendments, but they relate to an important clause, which introduces into civil actions in Scotland a new power, which will probably be brought into play most commonly in paternity cases. The DNA test, or genetic fingerprinting, allows deciding the truth of the matter to be put beyond any significant chance of error. I was pleased when the new clause that I moved in Committee on this subject was accepted by the Government. I hope that it will end the bitterness and humiliation that is all too often built into paternity cases. I have been involved in such cases—in a professional sense—and they are not a pleasant experience.
The Committee and the House spent some time on the protection of children giving evidence in court, and spoke of the stress put on them. There is a strong case for introducing the change set out in this clause as it protects those who might otherwise become entrenched combatants in paternity cases. I am delighted that this will reach the statute book, and it is a worthwhile part of the Bill. Will the Minister say something about commencement? I know that there is a citation and commencement clause in the Bill—clause 62—under which certain parts of the Bill come into force within two months, beginning with the date on which the Act is passed. Clause 59 is not one of them, which means, as I understand clause 62(2), that it will be brought into force.This is not just idle curiosity. I have had inquiries, in particular from solicitors who have an active interest in this machinery, about when the commencement order will be laid. It would be useful if the Minister could help me on that point."on such day as the Secretary of State may appoint by order made by statutory instrument".
6.15 pm
It will come into force two months after Royal Assent. I understand that this is covered in the clause.
Can I press the Minister on that point? I may be becoming obtuse and goitered in my old age—
That is not true.
Thank you for that loyal all-party vote of confidence from behind me.
Clause 62 refers to the provisions of part III, which is the licensing part, and says that it and"section 55 of this Act and so much of section 61 as relates to those provisions; and
(b) section 56 of this Act and paragraphs 21 and 32 of Schedule 7 to this Act,
Therefore, clause 59 is not included, so it must be covered by clause 62(2), which provides that it will commence when an order is laid before the House. If the Minister is saying that he intends to lay an order so that the clause will be brought into effect two months after the passing of the Act, I am happy with that, but that seems an unlikely promise, so I should like him to confirm it.shall come into force at the end of the period of two months beginning with the day on which this Act is passed."
I can confirm that that is the intention. I believe that we can proceed along those lines under the terms of the Bill. There should be no problem and the provisions will commence two months after the passing of the Act.
I am obliged.
Amendment agreed to.
Amendments made: No. 103, in page 63, line 13, leave out 'direction' and insert 'request'.
No. 104, in page 63, line 14, leave out 'given' and insert 'made'.
No. 105, in page 63, line 16, leave out 'directed' and insert 'requested'.
No. 106, in page 63, leave out lines 22 to 28 and insert—
'(3) In section 6 of the Law Reform (Parent and Child) (Scotland) Act 1986 (determination of parentage by blood sample)—
No. 107, in page 63, line 31, leave out 'Act' and insert 'section'.— [Lord James Douglas-Hamilton.]
Clause 62
Citation, Commencement And Extent
I beg to move amendment No. 58, in page 64, line 12, leave out 'subsection (3)' and insert 'subsections (3) and (3A)'.
With this it will be convenient to take Government amendment No. 59.
These amendments put the law back to what everyone thought that it was. I commend them to the House.