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Inside Parliament: Peers in 'battle of verbals' over Criminal Justice Bill: Tories fall in line on right to silence curb - MP calls for Lords amendments to be reversed - Redwood to shake-up quangos

Stephen Goodwin
Thursday 07 July 1994 18:02 EDT
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Aconcession by the Government yesterday over ending a suspect's right of silence failed to satisfy lawyer peers opposed to the change, with one lord warning of a resumption of the 'battle of the verbals' in courts.

Lord Wigoder, a former Crown Court recorder, foresaw counsel, police officers and defendants disputing 'on and on' over who said what or stayed silent, whether the defendent had been properly cautioned and who was lying.

But though the Liberal Democrat peer and other senior figures remain unhappy, the Government appears to have bought off serious trouble on the issue with a further change to the Criminal Justice and Public Order Bill. A caution must have been given by the police before a suspect's silence could count against him.

Whether a climb-down or simply an admission by Michael Howard, the Home Secretary, that the Bill was not properly thought through in the first place, the amendment was carried unopposed as the Report Stage continued in the Upper House. However, heavy government whipping ensured that a move to give a suspect the right to consult a lawyer and have interrogations tape-recorded before any inference could be drawn from his silence was seen off by 143 votes to 91.

Lord Ackner, a former Lord of Appeal, said the unsuccessful amendment represented 'the minimum safeguards if we are to maintain the standard of fairness which is an essential part of our administration of justice'. He was supported by the Conservative Lord Alexander of Weedon, chairman of Justice, Lord Wigoder, Labour frontbencher Lord Irvine of Lairg and - by letter - Viscount Runciman of Doxford, chairman of the Royal Commission on Criminal Justice which advised against ending the right of silence.

Lined up against them - to the relief of Earl Ferrers, Minister of State at the Home Office - were Lord Taylor of Gosforth, the Lord Chief Justice, Lord Rawlinson of Ewell, a former Conservative Attorney General, and Lord Hailsham. The former Tory Lord Chancellor said there should be 'as few technicalities or ritual dances' as possible.

Earl Ferrers caused a ripple of consternation when he told peers he saw 'no reason why silence should not be treated in the same way as a confession' subject to the safeguards proposed by the Government.

The caution will include the existing reminder that the suspect is not obliged to say anything and that anything said may count in evidence, plus a warning of the dangers of remaining silent.

As a further safeguard, Earl Ferrers said a new procedure would be introduced at police stations. Before conducting a formal interview, the officer would ask the suspect whether he wished to confirm, deny or modify any earlier exchanges or silences.

In weary acknowledgement of the trouble he has had with embarrassing defeats for the Government on both the Criminal Justice Bill and the Police and Magistrates Courts Bill, Earl Ferrers assumed it would be too much to expect unanimity. 'That would be a novel experience, I guess, in the last 700 years, and certainly in the last 12 months.'

During Home Office questions in the Commons, Mr Howard was urged by Tory backbenchers to reverse Tuesday's defeat in the Lords, watering down his plans for 'child jails' for persistent 12- to 14-year-old offenders.

David Martin said the will of the Commons should prevail rather than that of 'the interfering busy-bodies down the corridor'. Called to order by the Speaker, Betty Boothroyd, the Portsmouth South MP corrected himself . . . 'rather than those who sit from time to time in the other place who are remote from the real concerns of my constituents and who, when they are there, represent nobody but themselves'.

Delighted Labour MPs shouted 'abolish them', and with further tussles ahead on the Bill over trespass and gypsies as well as child jails, Mr Howard probably agreed - but in silence.

John Redwood, Secretary of State for Wales, launched a shake-up of quangos in the principality and promised a greater role for councils. He also announced, in the Commons statement, an inquiry into past land deals by the Welsh Development Agency in Cynon Valley, Mid Glamorgan.

The role of the Development Board for Rural Wales is being reduced with its housing stock being transferred to councils in 1996. Money awarded to it in social and economic grants will also be switched to local authorities.

The administration of grants aimed at helping small businesses will be moved to local councils from the DBRW and the WDA. The two bodies will have one chairman, David Rowe-Beddoe - who heads the WDA.

Mr Redwood said that he had been impressed with the way Mr Rowe-Beddoe and his new team had gone about honestly unearthing irregularities from the past at the WDA. 'We are all sad that there were any . . . Doubts have been raised about past land deals by the WDA in the Cynon Valley. At my request the new team at the agency have launched an inquiry,' he said.

Tony Newton, Leader of the Commons, made the most welcome announcement of the day - telling MPs they will break for the summer recess on 21 July to return in for a spill-over session on 17 October. The Lords rises on 26 July and returns on 10 October.

(Photograph omitted)

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