The question that the hon. Member for Beaconsfield asked reminds me again of the late Gregor Mackenzie, when he was asked a question at Scottish Question Time that floored him completely. He did not know the answer, so he said, ''The hon. Gentleman has asked a very good question—but not as good as the one that I am going to ask when I get back to Dover house.'' The officials got what they deserved.

However, I do have an answer to the hon. Gentleman's question. The clause deals with Customs and Excise prosecutions. In Scotland, all prosecutions on indictment run in the name of the Lord Advocate, as the hon. Member for Orkney and Shetland said. That explains the inclusion of subsection (7), which clarifies the fact that in Scotland, in line with the present position, Customs and Excise officials cannot bring a prosecution on indictment.

However, there is a statutory provision for Customs and Excise officers to bring summary prosecutions in Scotland. That is set out in section 34(1) of the Criminal Law (Consolidation)(Scotland) Act 1995, which states:

Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.

I understand that that provision is rarely, if ever, used and that most summary prosecutions run in the name of the procurator fiscal. With that explanation, I hope that the hon. Member for Beaconsfield will withdraw his amendment. The position is explicit and beyond any shadow of doubt.