House of Commons Hansard Debates for 12 Jul 1993

ATTORNEY-GENERAL

Magistrates Courts

27. Mr. Booth : To ask the Attorney-General what proportion of cases pursued by the Crown Prosecution Service in magistrates courts in the last 12 months have resulted in a conviction.

The Attorney-General (Sir Nicholas Lyell) : For the year ending 31 March 1993, 97.6 per cent. of cases that proceeded to a hearing in the magistrates court resulted in either a guilty plea or a conviction.

Mr. Booth : Is my right hon. and learned Friend satisfied that those excellent figures have been achieved by the Crown Prosecution Service adopting the test of a reasonable prospect of conviction, not some higher esoteric standard?

The Attorney-General : My hon. Friend raises an important point. I am satisfied of that. It is extremely important to make it clear that when the CPS reviews the evidence to determine whether there is a sufficiency of admissible, substantial and reliable evidence, it applies the test of a realistic prospect of conviction--not, as is sometimes suggested, a higher test.

Mr. John Morris : Is the Attorney-General aware that, despite a 50 per cent. increase in recorded crime since 1987, the number of cases that the police are instructed by the CPS to drop has nearly doubled? What role has the Treasury had in creating a situation in which arrested people are allowed to walk free because of the cost of bringing them to trial? Will the right hon. and learned

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Gentleman confirm that 32 per cent. of cases are dropped on public interest grounds? Has he agreed to that? Will he define it in the context of decisions taken by CPS officers? Will he publish the instructions given to them ; and what is the lowest grade of officer allowed to take such a decision on public interest grounds?

The Attorney-General : I am not aware of any case that has been dropped on the ground of cost. The shadow Home Secretary has visited the Crown Prosecution Service this morning, I am glad to say, and has been able to hold discussions and form his own views on these very matters. Meanwhile, I am glad to have been able to answer the right hon. and learned Gentleman clearly in this regard.

When cases are discontinued on public interest grounds, cost is not the reason. It will be well understood by the House that it is not in the public interest to prosecute every elderly person or every frail person or everyone suffering from some injury or every case for which there is sufficient evidence.

Mr. John Greenway : Does my right hon. and learned Friend agree that our magistrates courts are capable of dealing with a great many more cases, especially those that go to the Crown court? Does he agree that the recommendation by the royal commission to end the right to trial by jury would end the scandal of 83 per cent. of those electing trial by jury pleading guilty? Is not the reason for that the fact that policemen are spending too much time writing up reports and preparing cases for court, which keeps them off the streets?

The Attorney-General : My hon. Friend rightly draws attention to the 83 per cent. of defendants who choose to go to the Crown court and then to plead guilty once they get there. That imposes what the royal commission has suggested are unreasonable costs and a waste of resources on the system.

London Borough of Bromley

28. Mr. Dowd : To ask the Attorney-General when the Crown Prosecution Service received reports from the Metropolitan police into two separate allegations of fraud within the social services and environmental health departments of the London borough of Bromley ; and whether the Crown Prosecution Service now intends to prosecute.

The Solicitor-General (Sir Derek Spencer) : An initial report concerning the social services Department was received on 17 October 1991. Following further police investigations, an additional lengthy report was submitted on 20 May 1993. Meanwhile a report concerning the environmental health department was received in February this year. Police inquiries continue and decisions on prosecution will be made as soon as possible.

Mr. Dowd : Is the Solicitor-General aware that it is now almost two years since this matter was first reported to the Metropolitan police, and almost a year since it was first reported to the chief executive and monitoring officer of the London borough of Bromley? Is not it a disgrace that it has taken so long for a decision to be reached on a matter of such importance and significance, and that we are still told today that decisions are awaited? Will the Solicitor-General give an assurance that incompetence and corruption in local government will be pursued as

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vigorously as possible, wherever they arise, and not soft-pedalled in areas that the Government and the Conservative party regard as particularly sensitive?

The Solicitor-General : The hon. Gentleman is quite right that all cases ought to proceed with expedition. Where there are allegations of fraud and corruption, as in this case, it is doubly important that they are investigated rigorously. It is not unusual for such fraud to be carried out in a secretive way by those involved, and, for that reason, the police sometimes find that it takes a considerable time to investigate. I am sure that the hon. Gentleman agrees that it is not in the interests of justice for defendants to be tried on half-baked inquiries, which are then found to be without substance when fully tested at trial.

As to political considerations, I remind Opposition Members of the words of Mr. Peter Archer, when he was Solicitor-General, which were contained in a Fabian pamphlet. I do not suppose many Opposition Members read Fabian pamphlets nowadays. Mr. Archer said that no Law Officer takes into account party considerations.

Mr. John Marshall : Does my hon. and learned Friend accept that there is widespread concern about corruption in local government? Does he further accept that many hon. Members would like to see an inquiry into the corruption in local government, in view of the deplorable events in Lambeth?

The Solicitor-General : A number of inquiries are being held up and down the country into local government dishonesty and fraud. There are two cases of alleged fraud in the Bolsover district council, in which one defendant has already been convicted and the other has been tried and a retrial of his case is awaited.

Asil Nadir

29. Mr. Winnick : To ask the Attorney-General what

representations he has received in the last two years over the Nadir case.

The Attorney-General : I have explained to the hon. Member in a written answer this afternoon, of which I have given him notice, that a total of eight Members have written or spoken to me or my predecessor about this case. Of these, four have made representations during the past two years.

Mr. Winnick : It is now eight hon. Members and not seven. Although the Attorney-General is reluctant to reveal their names, can he explain why the majority of hon. Members who made representations are very reluctant for their identities to be known? What were their reasons for making those representations in the first place? Is not there a particular responsibility on those who championed the cause of Mr. Nadir in the House of Commons, strongly to urge him to return so that he can put his case in open court? Does the Attorney-General accept that the money given by Mr. Nadir to the Conservative party should be returned promptly because it comes from a very dubious source?

The Attorney-General : I do not accept the factual premise of the first part of the hon. Gentleman's question. Most people, I think, have made it clear whether they wrote-- [Hon. Members :-- "No, they have not. Name

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them."] However, as to contributions to any particular political party, the hon. Gentleman knows that that is not a matter for me. This case makes it abundantly clear that it does not produce any favour or affection either way, whatever party may be involved.

Mr. Dykes : Does my right hon. and learned Friend agree that, while not condoning melodramatic practices by any of its operatives, hon. Members should not, in general, attack the Serious Fraud Office? Should we not all support it and give it greater resources in the fight against fraud?

The Attorney-General : My hon. Friend may have seen the remarks in the royal commission's report about the importance of the work of the Serious Fraud Office, both in maintaining high standards of financial probity in the financial services industry and in making it possible for anyone who abuses the privileges that apply to that industry, thereby damaging investors--often small investors--to be brought to justice more effectively.

Lenient Sentences

30. Mr. Garnier : To ask the Attorney-General how many cases have been referred to the Court of Appeal on grounds of leniency of sentences in the past 12 months.

The Solicitor-General : In the 12 months to 30 June 1993, the Attorney-General applied to the Court of Appeal for leave to refer 33 sentences for review, including five in Northern Ireland. Of the 19 references so far determined by the court, 16 have resulted in an increased sentence.

Mr. Garnier : Does my right hon. and learned Friend accept that the Court of Appeal's judgments in those referred cases have already been of considerable assistance to sentencers at first instance? In the spirit of open government, will he publish the letters that he received from Opposition Members who voted against the Criminal Justice Act 1991, which included that power, so that we may know that those who voted against it now seek to make use of it?

The Solicitor-General : That power is now widely accepted as important and necessary and we often see it referred to by judges in their sentencing remarks. I shall resist the temptation that my hon. Friend has extended to me but, on Second Reading in 1988, an Opposition Member described that power as "sheer cruelty". He appears to have a poor memory because, only a short time ago, he wrote to my right hon. and learned Friend asking him to refer the sentence in the Newport case to the Court of Appeal and invite it to pass a severe sentence. However, following our usual custom of confidentiality, I shall spare his blushes and shall not publish his letter.

OVERSEAS DEVELOPMENT

Elephants

35. Mr. Tony Banks : To ask the Secretary of State for Foreign and Commonwealth Affairs what resources he will make available for elephant conservation projects during the current financial year.

The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr. Mark Lennox-Boyd) : We estimate that conservation projects supported by the aid

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programme, which may include benefits to elephant conservation, will amount to £2.85 million in the current financial year.

Mr. Banks : I noticed that the Minister said only "may". We need to know precisely how much money is being paid out to protect, wherever possible, the welfare of elephants. Is he aware that, because of drought, civil war and the continued activities of illegal ivory poachers in sub- Saharan Africa, enormous pressures are being put on herds of African elephants, a noble and magnificent beast which is close to extinction in some places? Will he please consider earmarking far more money for elephant conservation schemes? The people of this country would support that wholeheartedly.

Mr. Lennox-Boyd : We all know what the hon. Gentleman has done to save the elephant and he is to be commended. He must agree that the British Government have done very well. We did exceptionally well in 1992, when there was a further £600,000 specifically for helping elephant populations.

Mr. Heald : Does my hon. Friend agree that the key to protecting endangered species is effective action on bio-diversity to protect their habitats? In that context, what has his Department done to help elephants?

Mr. Lennox-Boyd : We do a lot for bio-diversity conservation generally, including the protection of habitats. At present, there are 78 projects wholly or partly concerned with bio-diversity and those cost some £37 million a year.

Kenya

36. Mr. Cox : To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to visit Kenya to discuss bilateral issues.

Mr. Lennox-Boyd : My right hon. and noble Friend the Minister for Overseas Development will visit east and southern Africa later in the year. Her detailed programme is not yet available.

Mr. Cox : When the Minister's right hon. and noble Friend visits eastern and southern Africa, will she note the fundamental changes in monetary and economic policy that the Kenyan Government are now following, adding to their increased problems with refugees from Somalia? Will the Government be sympathetic to requests for aid, should they be made, and for releasing funds earmarked for Kenya?

Mr. Lennox-Boyd : As the hon. Gentleman knows, the Kenyan Government have had difficulty with the International Monetary Fund, but reached a new agreement in May of this year called the shadow programme, which we and the IMF will monitor. If the shadow programme is successful over a period, the IMF and the British Government will consider their position on new balance of payments support and other such matters.

Sir David Steel : Will the Minister take this opportunity to reinforce the concern that has already been expressed by Her Majesty's Government about the official sabotage of the printing presses of Fotoform Ltd, whose managing director is a British citizen? Will he make it clear that

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enforced continued non-publication of various magazines by that press constitutes unwarranted interference with the freedom of the press?

Mr. Lennox-Boyd : We have repeatedly stressed the importance of a free press as one of the cornerstones of a healthy democracy and strongly condemn the police action against Fotoform printers. We are pressing for the court case to be concluded urgently.

European Development Fund

37. Mr. Wells : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the effectiveness and economy of administration of the European development fund ; and if he will make a statement.

The Secretary of State for Foreign and Commonwealth Affairs (Mr. Douglas Hurd) : The European Commission is responsible for administering the European development fund. We are in constant touch with the Commission and with other member states to improve its effectiveness.

Mr. Wells : Is it not true that Britain, under the leadership of my right hon. Friend, takes the lead in insisting on a more efficient and focused European development fund, and the co-ordination of its policies with member states' aid policies?

Mr. Hurd : I hope so. We should certainly like to see in the European development fund greater concentration on countries in real need with a record of good government. Making multilateral programmes more effective is increasingly important, as they make up a steadily increasing part of the total aid programme.

Mr. Meacher : The Prime Minister decided at Edinburgh last December to double the United Kingdom's contribution to the European development fund and the EC aid programme by the year 2000, while freezing the British aid programme for the next two years. In view of that, has the Foreign Office told him that such policies are throwing Britain's bilateral aid programme into turmoil? Is he aware that his own Department has released a statement declaring that the next two-year freeze will reduce Britain's aid programme by £150 million and that, in terms of value for money, after black Wednesday's devaluation, that figure will be nearer to £250 million? Will he confirm that his own Department is preparing contingency plans for major cuts in aid? When will the Foreign Secretary start standing up for the aid budget and stop being such a soft touch?

Mr. Hurd : We are beginning, not ending, this year's public expenditure round and we all know the problems affecting that round. There will be pressures on the aid programme, as on other public expenditure programmes. As I said in answer to the first question, I believe that multilateral contributions, whether to the EC or the United Nations, are a steadily increasing part of the total aid programme. I believe that our bilateral programme is second to none in its quality and I intend to maintain an effective programme.

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Population and Development Conference

38. Mr. Ottaway : To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on preparations for the international conference on population and development to be held in Cairo in 1994.

Mr. Lennox-Boyd : I understand that the United Nations preparations are proceeding well. The Overseas Development Administration will continue to work closely with everyone involved to help ensure the success of this important event.

Mr. Ottaway : I thank my hon. Friend for that positive statement. I congratulate him and the Prime Minister on persuading the G7 summit to agree to encourage the success of the United Nations conference, which reflects the growing concern over the population issue. Does my hon. Friend accept that there is growing concern that what is meant to be a conference on population and development is rapidly turning into a conference on development and a bit of population?

Mr. Lennox-Boyd : I very much agree with my hon. Friend that the conference must be about population, not development generally--it is essential to get that message across. My hon. Friend and the all-party group on population and development are to be congratulated on drawing attention to what is a great problem. There is no purpose in having aid programmes if they do not, in considerable measure, address the problems of population growth for the future of the world in the next century.

Mr. Pike : Does the Minister accept that, as we prepare to go to some of these conferences, some countries find it odd that this country and Europe still pay farmers to

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reduce production through set-aside programmes? Should not we try to use that food to help with the problems of population and development in other parts of the world?

Mr. Lennox-Boyd : All those questions can be considered at the conference. The important point is to understand the principles that are at stake.

Russian Federation

40. Mr. Fabricant : To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to meet European colleagues to discuss continuing aid to the Russian Federation.

Mr. Hurd : Aid from the European Community and member states makes up 70 per cent. of all western support to Russia and the rest of the former Soviet Union. I meet my European colleagues regularly, and support for Russia is often discussed.

Mr. Fabricant : Following the success of my right hon. Friends the Foreign Secretary and the Prime Minister at the G7 summit, we are all aware that £3 billion will be given to assist the Russian Federation. Will my right hon. Friend expand on this and state the sort of aid that we give to Russia, especially for expertise on privatisation?

Mr. Hurd : I think that my right hon. Friend the Prime Minister may touch on that in a few minutes. It was certainly an important result of his expedition to Tokyo. Through our British know-how fund and the schemes that were confirmed and extended at Tokyo, it is important to give special assistance to Russian privatisation and to small and medium enterprises in Russia. I think that my right hon. Friend will give details of the extra commitments that were made.

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