Written Answers
Gibraltar: Ministerial Visit
asked Her Majesty's Government:Whether they will make a statement about the visit to Gibraltar by the Minister of State, Foreign and Commonwealth Office.
I visited Gibraltar from 21st to 23rd July and had wide-ranging and useful discussions with the Gibraltar Government and with representatives of many sectors of opinion in Gibraltar. One of the topics I discussed was the effects the continued closure of the Spanish frontier will have on Gibraltar's economy. I made clear that the Government will continue their policy of supporting and sustaining Gibraltar and I gave details of the projects already approved in connection with the £4 million of aid agreed in December 1981.I confirmed that the Government have no plans to alter the decision to close the naval dockyard in 1983. I also made it clear that, if both the British and Gibraltar Governments conclude that a commercial operation is viable, then the British Government will consider carefully ways in which we might help to get it launched. I reaffirmed the Government's commitment to the process envisaged in the Lisbon agreement. The Government look forward to the complete removal of Spanish restrictions and the re-establishment of normal relations between people living in the area.
Professional Boxing
asked Her Majesty's Government:Whether they have noted the decision of the BMA to campaign for the abolition of professional boxing and whether they are prepared to depart from the views expressed when this matter was recently considered in this House.
The position of this Government has not altered from that which I stated when this matter was recently discussed in this House.
Ncc: Staffing And Organisation
asked Her Majesty's Government:Whether they are proposing to investigate, with the aid of management consultants or other means, the staffing and organisation of the Nature Conservancy Council (NCC); what consultations they have had with the NCC's Council about this proposal; what consultations they have had with representatives of the NCC's staff about this proposal; and what advice they have received from the NCC on the likely effect of such an investigation on the speed and efficiency with which the NCC is able to implement the Wildlife and Countryside Act 1981, and in particular to re-notify all owners and occupiers of Sites of Special Scientific Interest, as they are required to do under the Act.
Her Majesty's Government intend to conduct a review of the staffing and organisation of the NCC, the details of which have not yet been finalised. The NCC has been consulted and the views of its council are now being considered. Consultation with NCC staff is, of course, a matter for the NCC itself. The NCC has not advised Her Majesty's Government that the review would delay the implementation of the Wildlife and Countryside Act.
Courts Martial And The Judge Advocate
asked Her Majesty's Government:By what authority in the light of the Rules of Procedure (Air Force) 1972 the Judge Advocate General has directed judge advocates invariably to advise courts martial that submissions of no case to answer should be determined by the full court and not by a judge advocate sitting alone, and whether they will make a statement.
The Judge Advocate General has given no such direction. The president of a court martial has power under Rule 81(1)(f) of the Rules of Procedure (Air Force) 1972 to direct that a submission of no case to answer be determined by the judge advocate sitting alone. Guidance as to the use of this power is contained in note 5 to that rule on p.580 of the Manual of Air Force Law.The Judge Advocate General was recently invited to consider the revision of this note in the light of the judgment of the Court of Appeal in the case of
R. v. Galbraith (which dealt with the way in which judges in the Crown Court should approach similar submissions). He approved the following revised version of the note for insertion in the Manual of Air Force Law as soon as possible and informed judge advocates accordingly:
"Where a submission is made under rule 58, it is not envisaged that the judge advocate will be directed to deal with that submission as a matter of course. The president should consider which course seems best calculated to do justice, taking into account any advice given by the judge advocate. The type of case in which it will be appropriate to direct that the submission shall be heard and decided by the judge advocate sitting alone is that in which it is submitted that there is no evidence on which it is open to the court, even if they believe the evidence for the prosecution, to find the accused guilty of the charge. Where the submission is that the evidence for the prosecution is so weak, vague, contradictory or otherwise unreliable that the court ought to decide at that stage that it could not convict on it, the submission should be decided by the court after advice in open court from the judge advocates. If a submission under r. 58 is heard by the judge advocate alone and he rules that it should be disallowed, he should shortly state his reasons when announcing his ruling to the court."
Matrimonial Cases: Court Procedures
asked Her Majesty's Government:Whether they have reached any decision on the recommendation of the Law Commission in their report on
The Financial Consequences of Divorce (Law Com. No. 112) that the procedures of the courts handling matrimonial cases should be systematically considered with a view to reform.
In pursuance of the Law Commission's recommendation, I intend to establish a committee with the following terms of reference:—"To examine the procedure and practice of the High Court and county courts in respect of proceedings
under the Matrimonial Causes Act 1973, and to recommend reforms which might be made—
having regard to the desirability of achieving greater simplification and the saving of costs".
The Chairman will be The Honourable Mrs. Justice Booth, DBE. I will announce the membership of the committee later.
Detective Chief Inspector Philip Cuthbert: Trial Evidence
asked Her Majesty's Government:Whether the tape-recording played at the Old Bailey during the trial of Detective Chief Inspector Philip Cuthbert has been considered by the Director of Public Prosecutions with a view to further proceedings.
This matter has been considered by the Director of Public Prosecutions. On the evidence presently available no further proceedings are contemplated.
"Exit" Booklet: Ban On Distribution
asked Her Majesty's Government:Why the Attorney-General is requiring Exit the Voluntary Euthanasia Society to cease distribution and to destroy all existing stocks of its
Guide to Self-Deliverance in England and Wales while no such requirement is being sought or enforced in Scotland; and what the position is in Northern Ireland, the Channel Islands, the Isle of Man and Orkney and Shetland.
The Attorney-General has commenced proceedings in the High Court seeking a declaration that the distribution of the Exit booklet, Guide to Self-Deliverance, constitutes an offence contrary to Section 2 of the Suicide Act 1961 or an attempt to commit such an offence. The 1961 Act is limited to England and Wales. The Scottish branch of Exit has distributed a similar booklet in Scotland, where suicide, and aiding and abetting suicide, are no longer regarded as crimes. Her Majesty's Government are not aware that any persons in Northern Ireland are distributing a similar booklet there. Nor are Her Majesty's Government aware that persons in the Channel Islands or the Isle of Man are distributing similar booklets in those islands: in any event, Her Majesty's Government are not responsible for the internal affairs of those islands. Scottish law applies in Orkney and Shetland.House adjourned at twenty-five minutes past three o'clock.