Animal Welfare

Debate between Simon Hart and Jim Fitzpatrick

Thursday 30th March 2017 Commons Chamber

[Simon Hart]

My hon. Friend makes an interesting point. I need to listen to “The Archers” a bit more often. From what I gather, the programme is covering quite a lot of contemporary issues at the moment, but he makes a good point.

In conclusion, let me bring to the attention of the House the letter written by the Attorney General’s Office in the name of the Solicitor General to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) who raised the question about whether the Crown Prosecution Service ever refuses to proceed with prosecutions on the basis of resource. The answer stated:

“Resources are never the only bar to prosecution because as you know, the Code of Crown Prosecutors sets out the two stages of the Full Code Test”.

In answer to the question, “Does the Crown Prosecution Service ever refuse to proceed on the basis of a lack of expert knowledge in the subject area in question?” the Solicitor General said:

“No, but a distinction should be drawn between expert knowledge provided by expert witnesses and specialist legal knowledge.”

[Jim Fitzpatrick]

I made reference to the wording of a recommendation, which I have reflected on significantly. It says that the RSPCA

“should, however, withdraw from acting”.

I understand the hon. Gentleman’s point, and I agree that the CPS should be acting, but does he really think that the CPS will do it if the RSPCA takes a step back?

[Simon Hart]

The hon. Gentleman makes a good point. The Wooler report, which has been much talked about and which has helped us to reach our conclusions, raises exactly the point that he makes. There is a transitional period, but it is fair to say that concerns have been expressed—not by people such as me who might be accused of having a partisan view, but by more arm’s-length organisations—about potential conflicts of interest between organisations such as investigators, prosecutors, campaigners and fundraisers. The Royal Commission inquiry in 1983 recommended that the CPS was created so that the police would not be accused of that kind of conflict. My view was that if it was good enough for the police to have an arm’s-length prosecuting process, it is probably good enough for the country’s second biggest prosecutor to be subject to the same criteria.

Mr Deputy Speaker, I see you hastening me to a conclusion. Thank you.