Attorney-General Police (Complaints) 21. Mr. Meacher asked the Attorney-General what is the average prosecution rate by the Director of Public Prosecutions with regard to complaints against the police referred to him. The Attorney-General (Sir Michael Havers) The average prosecution rate over the years 1975 to 1979 was 14 per cent. Mr. Meacher Why is it that, according to an answer given to me by the Attorney-General on 4 March, the prosecution rate against police officers is 23 per cent. for road traffic offences and 14 per cent. for theft, but less than 2 per cent. in cases of assault? If the reason is lack of independent witnesses, why is the prosecution rate seven times higher—15 per cent.—for sex offences? The Attorney-General I think that the main reason—not the only reason—is the peculiarity of the right of private prosecution for common assault. Most common assault cases are initiated by the person who has been assaulted. In the minor cases, particularly where there has been a complaint that a police officer pushed a member of the public, the Director of Public Prosecutions usually writes to the complainant advising him of his ordinary remedies. Mr. Bill Walker Does my right hon. and learned Friend agree that many of the complaints against the police are mischievous and, when investigated, found to have no basis in fact? The Attorney-General Inevitably, that is so. An allegation of assault is easily made, even when it is totally unjustified. Mr. Archer Does the Attorney-General agree that the so-called double jeopardy rule in section 49 investigations has no statutory basis? Does he further agree that if the Director of Public Prosecutions decides not to prosecute a case, it cannot meaningfully be said that the officer concerned has never been in jeopardy, because there is no real reason why, if appropriate, he should not be proceeded against for a disciplinary offence? The Attorney-General I am grateful to the right hon. and learned Gentleman. This matter, which I know caused him anxiety when he was in the Department, remains an anxiety for me. I should welcome any chance of a discussion with him on how we might improve the situation. Mr. Christopher Price Does the Attorney-General agree that the position is unsatisfactory, particularly in the light of a recent case where, six years after the event, a citizen of this country has been given record substantial damages against the police? Does he further agree that in such a case it is difficult to initiate a prosecution, although the papers have been sent to the DPP, because, six years after the event, no one can remember exactly what happened? Is there no way of initiating prosecutions earlier? The Attorney-General When I read about that case, which I am sure must have horrified every hon. Member as much as it did me, I instigated inquiries. Much to my surprise, I found that no complaint had been made to the police. Therefore, no section 49 report was made under the Police Act for the Director of Public Prosecutions to consider. His first knowledge of the case was the same as ours—reading of it in the newspapers. That delay was not the fault of the Director of Public Prosecutions or anyone else. Principally, for a reason that I do not understand, it was the fact that no complaint was made in the first place. Republic Of Ireland (Extradition) 22. Mr. Waller asked the Attorney-General if he has had discussions with the new Attorney-General of the Republic of Ireland about extradition arrangements between the United Kingdom and the Republic of Ireland. The Attorney-General I have been in touch with the new Attorney-General of the Republic of Ireland with a view to resuming the discussions initiated last year with his predecessor. I hope to meet Mr. Connolly very soon for personal talks at which we can carry the discussions forward. Mr. Waller When my right hon. and learned Friend meets his opposite number in the Republic of Ireland, will he seek the maximum co-operation in bringing suspected terrorists to justice? Will he emphasise that such co-operation is in the best interests of both countries? The Attorney-General In my discussions with Mr. Peter Sutherland, the former Attorney-General in the Republic, those issues were very much in mind and agreed upon. I have no reason to believe that I shall not find exactly the same response from the new Attorney-General. Mr. Stanbrook Did the Attorney-General for the Republic refer to the supposed constitutional difficulty in the way of the Republic's ratifying the suppression of terrorism convention? If so, did my right hon. and learned Friend remind him that such difficulty was not apparent when the Republic ratified the genocide convention, which contains similar provisions? The Attorney-General I have always made it clear that the ability of terrorists to shelter behind the exception of political offenders is one of the major obstacles facing us. The Irish side is well aware of this. A number of ways of overcoming the difficulty are available and they were discussed during my previous talks. However, I am not prepared to go into details of what were private and confidential discussions. Mr. McNamara Can the right hon. and learned Gentleman say how many cases we have submitted to the Republic of Ireland to be tried there on the basis of evidence taken in the United Kindgom or in Northern Ireland? The Attorney-General I cannot give the exact number off the cuff. I shall write to the hon. Gentleman. However, he will no doubt share my pleasure in finding that the response to those requests over the past few months has been quick and effective. Judges 23. Mr. Canavan asked the Attorney-General if he will consider the introduction of new legislation on the appointment and dismissal of judges. The Attorney-General No, Sir. Mr. Canavan Why have the Government not introduced a Bill to enforce the long-overdue retirement of some of the geriatric fossils who use their judicial position to overrule the wishes of the elected representatives of the people on matters such as public transport fares and subsidies? The Attorney-General The three judges who are over the existing retirement age—two English and one Scottish—could not be described by any of the adjectives so poisonously used by the hon. Gentleman. They are respected judges who carry out their job impartially and fairly, as we expect them to do. Mr. Maxwell-Hyslop If my right hon. and learned Friend ever has occasion to consider the processes for dismissing judges, will he ensure, in so far as Parliament is involved, that those processes involve the accused judge being heard either in person or at least by a Committee of the House, as happened in the Jonah Barrington case, but did not happen in the Peter Thomson case? The Attorney-General Since, fortunately, I see no prospect on the horizon of that happening, I will bear in mind what my hon. Friend said, but I shall not promise to do any more than that. Mr. Arthur Davidson What is the objection to introducing a fixed period of training for potential appointments to the judiciary and a periodic refresher course, particularly in sentencing attitudes, during their tenure of office on the Bench? Many other careers have an in-service type of updating. Why not judges? The Attorney-General I should be more ready to accept that question from someone who is not a lawyer and has not had great experience in the courts. Most judges have practised widely in the courts. Furthermore. courses and seminars are regularly arranged on various matters which will come before them, particularly the problems involved in sentencing. Theatrical Performances (Prosecutions) 24. Mr. Christopher Price asked the Attorney-General whether, having regard to the statutory provisions relating to the content of theatrical performances, he will discuss with the Director of Public Prosecutions a policy towards initiating or allowing prosections in such cases. The Attorney-General No, Sir. Mr. Price Is the right hon. and learned Gentleman aware that, since the unsatisfactory denouement of Mary Whitehouse's reent dramatic action in the courts, theatre producers simply do not know where they are? Is he further aware that they thought that they were given a guarantee by the Theatres Act that they were subject to that Act, not to the sort of prosecution that we have seen recently under the common law? Does not the Attorney-General think that it is his responsibility, as a member of the Government, to give theatre producers some sort of guidance on when they will be subject to such common law prosecutions and what certainty they may have? The Attorney-General They have the certainty that anything that could be considered an offence under the Treatres Act can be prosecuted only with my consent and at my institution. Unfortunately, it is not only the common law. For example, if a director were determined to be totally realistic in staging the play "Lolita" and insisted that the girl was 14-years-old and that, in the course of the play she was indecently fondled, that would be an offence under the Sexual Offences Act and obviously should be prosecuted as such.