Committee
Justice Committee 10 June 2014
10 Jun 2014 · S4 · Justice Committee
Item of business
Courts Reform (Scotland) Bill: Stage 2
Amendments 41 and 42 would remove adoption and forced marriage proceedings from the list of civil proceedings in which a summary sheriff has competence, as set out in schedule 1. The amendments, which are supported by the Law Society of Scotland and the Faculty of Advocates, reflect the fact that adoption and forced marriage proceedings can be particularly complex. Following parliamentary approval of a motion earlier this year, it will shortly become a criminal offence to force someone into marriage, which will be punishable by up to seven years in prison. We have struggled with the interaction between the civil remedies and criminal proceedings. In the context of the new criminal liability, the existing civil remedies for those who are at risk of forced marriage and those who have already entered into a forced marriage, which involve forced marriage protection orders, will become even more sensitive. The international racial and ethical dimensions of such cases can also cause them to be extremely complicated. Similarly, the Law Society of Scotland argues that adoption and the grant of authority to adopt are the most serious form of interference in family life, and as such should not be the responsibility of the most junior tier of the judiciary. The society argues that such cases are among the most demanding to be heard in the sheriff court. In seeking to establish the facts, sheriffs can consider a wealth of reports and records, and hear from a number of witnesses. It can be a difficult balancing act to satisfy the requirements of domestic and international law, primarily the European convention on human rights. The society therefore maintains that such cases should continue to be heard by specialist family sheriffs, who are best placed to respond to their complexity and consider their far-reaching consequences. To put that into perspective, such cases strike me as requiring a greater level of shrieval competence than, for example, the consideration of warrants, interim orders and extensions of time to pay debts. I move amendment 41.
In the same item of business
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SNP
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Lab
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Kenny MacAskill
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Alison McInnes
LD
Amendments 41 and 42 would remove adoption and forced marriage proceedings from the list of civil proceedings in which a summary sheriff has competence, as s...
The Convener
SNP
The result of the division is: For 4, Against 5, Abstentions 0. Amendment 41 disagreed to. Amendment 42 not moved. Schedule 1 agreed to. Sections 44 and ...
Kenny MacAskill
SNP
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Lab
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Kenny MacAskill
SNP
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Kenny MacAskill
SNP
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LD
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Roderick Campbell (North East Fife) (SNP)
SNP
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Sandra White (Glasgow Kelvin) (SNP)
SNP
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The Convener
SNP
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SNP
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The Convener
SNP
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Margaret Mitchell
Con
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Kenny MacAskill
SNP
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The Convener
SNP
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Margaret Mitchell
Con
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Margaret Mitchell
Con
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The Convener
SNP
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The Convener
SNP
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The Convener
SNP
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Lab
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SNP
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The Convener
SNP
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John Finnie (Highlands and Islands) (Ind)
Ind
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Elaine Murray
Lab
They were provided to me by a Queen’s counsel.