Chamber
Meeting of the Parliament 22 March 2011
22 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Double Jeopardy (Scotland) Bill: Stage 3
I agree with James Kelly, although perhaps for different reasons. As is generally known, I am a great supporter of the common law, which I believe has served Scotland well over the centuries. However, James Kelly is right to support these amendments today, and we will support them too.
The cabinet secretary has had to lodge lengthy, convoluted and complex amendments, but when one looks at them, one sees that the issue is fairly simple. We are tied into the provisions in the 2010 act, and the issue of disclosure has quite appropriately caused tremendous excitement—to say the least—in Scottish legal circles in recent years.
The fact is that we have to operate under a code of disclosure. Many of us spent a great deal of time on providing input to the code, and it was agreed largely unanimously. Although what is being done today may seem on the face of it unnecessarily complex, it is necessary; otherwise there would be an inconsistency in the approach that is taken in two major pieces of legislation, which would be unfortunate to say the least.
Amendment 1 agreed to.
After section 13
Amendment 5 moved—[Kenny MacAskill]—and agreed to.
Schedule 2—Consequential amendments
Amendment 6 moved—[Kenny MacAskill]—and agreed to.
The cabinet secretary has had to lodge lengthy, convoluted and complex amendments, but when one looks at them, one sees that the issue is fairly simple. We are tied into the provisions in the 2010 act, and the issue of disclosure has quite appropriately caused tremendous excitement—to say the least—in Scottish legal circles in recent years.
The fact is that we have to operate under a code of disclosure. Many of us spent a great deal of time on providing input to the code, and it was agreed largely unanimously. Although what is being done today may seem on the face of it unnecessarily complex, it is necessary; otherwise there would be an inconsistency in the approach that is taken in two major pieces of legislation, which would be unfortunate to say the least.
Amendment 1 agreed to.
After section 13
Amendment 5 moved—[Kenny MacAskill]—and agreed to.
Schedule 2—Consequential amendments
Amendment 6 moved—[Kenny MacAskill]—and agreed to.
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan)
SNP
The next item of business is stage 3 proceedings on the Double Jeopardy (Scotland) Bill. In dealing with amendments, members should have in front of them the...
The Deputy Presiding Officer
SNP
The first group of amendments is on minor and technical drafting changes. Amendment 2, in the name of the minister, is grouped with amendments 3 and 4.
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
Section 4 will permit the retrial of an acquitted person when that person was originally prosecuted in the High Court and new evidence strongly suggests that...
The Deputy Presiding Officer
SNP
The second group of amendments concerns disclosure of information. Amendment 1, in the name of the minister, is grouped with amendments 5 and 6.
Kenny MacAskill
SNP
Amendment 1 ensures that the statutory rules of disclosure of evidence apply to all double jeopardy matters. When this Parliament passed the Criminal Justice...
James Kelly (Glasgow Rutherglen) (Lab)
Lab
I support the Government amendments. Disclosure is an important aspect of legal proceedings, and it is a fundamental right of the accused and their legal tea...
Bill Aitken (Glasgow) (Con)
Con
I agree with James Kelly, although perhaps for different reasons. As is generally known, I am a great supporter of the common law, which I believe has served...
The Deputy Presiding Officer
SNP
That ends consideration of amendments.