Hansard

I welcome the spirit in which the debate has taken place and the concordat that the parties reached beforehand on the amendment, which we are happy to support. Discussions are on-going not just in the chamber but, as Mr Martin and other members mentioned, between the Government here and the Government down in London. The attempt to achieve a solution to a shared problem is to be supported.

The chamber has taken a uniform view on some general issues. Members from all parties have welcomed the appointment of Lord Cullen. We are fortunate to have such an esteemed member of the judiciary take charge of the review. I wish I could claim some credit for the idea but, as is so often the case in matters relating to the law of Scotland, it emanated from the Lord Advocate. The Government is grateful for her suggestion and is pleased that Lord Cullen has accepted the appointment. His appointment shows the importance that we place on the issue. Lord Cullen will bring not just his great stature but a great deal of judicial wisdom and common sense to the matter, as he has to other issues with which he has dealt.

The Solicitor General and others mentioned that the act that we are reviewing is from 1976. That is not particularly old in jurisprudential terms—Mr Aitken referred to the Social Work (Scotland) Act 1968, and Mr Matheson and others mentioned legislation with an even longer history. However, it is appropriate that we review the 1976 act, because our society has changed.

The Solicitor General and many other speakers testified to the fact that the system has served us reasonably well. Clearly, there have been some failures and people have not obtained from the system all that they hoped, expected or were entitled to expect from it. There is nothing fundamentally wrong with the system in Scotland, but we must look at how we can improve it. I am sure that that will be Lord Cullen's approach. I assure members that my officials will give Lord Cullen a note of the points that have been made today and will ensure that he is aware of the tenor of the debate. I am sure that he will consider with interest some of the specific issues that have been raised.

One such issue is the status of sheriffs' recommendations. Because Lord Cullen will address the matter, it is inappropriate for me to be other than circumspect or to do more than outline the current position. As Nigel Don and others indicated, sheriffs make recommendations in about a third of all FAIs. Justice officials maintain a database of recommendations that are made by sheriffs at the conclusion of FAIs. The database includes the name and contact details of the person or body to which the sheriff addressed the recommendations, which permits interested parties to contact that person or body to inquire into how or whether they intend to comply with the recommendations. I am sure that that procedure can be improved, and no doubt Lord Cullen will reflect on the matter.

On the question of representation, interaction will be required with the legal aid system and its interface with members of the public and bereaved families, as Christine Grahame pointed out. Of course, there has been significant progress on that issue; for example, the Crown has published a brochure on the matter and meetings now take place with the relevant fiscal to address problems.

Michael McMahon highlighted the issue of road traffic deaths. However, as with military deaths, such matters are reserved to Westminster. As Karen Gillon pointed out, I have already made clear to the chamber my views on the various difficulties with the Scotland Act 1998, but the fact is that I can no more deal with certain aspects of road traffic incidents than I can reduce the current drink-driving limit. That interface must be dealt with.

Members have asked whether non-military deaths abroad should be considered in Scotland, and my experience as a defence agent suggests that they should not. If someone dies in suspicious circumstances abroad, the case is much better dealt with by the jurisdiction in which it happened. In my sojourn as a defence agent, I once dealt with a murder that happened outside Scotland—murder is one of the few offences that, if it happens outside Scotland, can still be tried in this country—and I do not think that the interests of justice were best served by such a move. Indeed, it became clear from the evidence that it might have been better for the authorities in the country where the incident took place to have proceeded with the case.

If a foreign tourist falls victim to an incident in this country, there are good reasons why we seek to address it here instead of remitting the case back to their home country. For example, we can deal with the preservation of evidence and the availability of witnesses, which can otherwise become hugely complicated. I understand people's concerns, but the general rule of thumb is that non-military deaths abroad are best dealt with by the jurisdiction in which the incident took place and with which we have reciprocal arrangements.

I want to take some time to address the important issue of military deaths. Like all members, we feel that there should be flexibility in addressing the needs of the bereaved. Although I accept the points that members such as Keith Brown have raised, I make it clear that we do not seek to stand on ceremony in relation to enforcement in such matters. We might be talking about the death of a young soldier or airman whose domicile became Scotland only because he had been based at RAF Kinloss or RM Condor for some time. If that soldier's family lived in east London, for example, they might wish the hearing to take place closer to their home. I will leave that matter for discussions with the UK Government and to Lord Cullen for comment, but I believe that there should be some flexibility to give such families choice. The wife and family of a young serving soldier who died might have moved to be nearer her parents. As members have made clear, we need to look after the interests of the people who have suffered such loss.

I will give specific legal details in response to the issues raised by Karen Gillon in a moment. First, I should say that, although I wish I could treat the Scotland Act 1998 with as much disdain as people sometimes think I treat it with, the fact is that issues involving defence and international affairs, under which categories military funerals clearly fall, are reserved to Westminster. There should be changes to the reserved status of defence and international affairs—