Chamber
Meeting of the Parliament 03 March 2011
03 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Damages (Scotland) Bill: Stage 3
The one remaining area of possible dispute between the Government and me is commencement. The bill follows the Scottish Law Commission’s report of 2008, which followed years of piecemeal amendment to the Damages (Scotland) Act 1976. That act has now been on the statute books for 35 years. The law in the area needs to be cohesive and modern to benefit and properly compensate the victims of industrial disease, accidents at work and road traffic accidents. It also needs to be cohesive and modern for families, who suffer not only emotional loss but financial hardship when a breadwinner is lost. Moreover, it needs to be cohesive and modern as soon as possible because such losses are being felt every day throughout Scotland.
I understand that amendment 5 would allow for commencement within five weeks. There would be four weeks for the law officers to object on the ground of legislative competence. If there was no objection on that ground, royal assent would follow approximately one week later. My fear is that, if the amendments in the name of the minister are passed, the implementation of the legislation could be delayed until the autumn of this year.
I will listen carefully to what the minister says in response. I am looking for a firm assurance from him that the legislation will commence as soon as is humanly possible, whatever the complexion of the Government of the day is. If he can assure me of that, I will take his word for it.
I move amendment 5.
I understand that amendment 5 would allow for commencement within five weeks. There would be four weeks for the law officers to object on the ground of legislative competence. If there was no objection on that ground, royal assent would follow approximately one week later. My fear is that, if the amendments in the name of the minister are passed, the implementation of the legislation could be delayed until the autumn of this year.
I will listen carefully to what the minister says in response. I am looking for a firm assurance from him that the legislation will commence as soon as is humanly possible, whatever the complexion of the Government of the day is. If he can assure me of that, I will take his word for it.
I move amendment 5.
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan)
SNP
The next item of business is stage 3 of the Damages (Scotland) Bill. Members should have the usual documents in front of them. I could tell you what will hap...
The Deputy Presiding Officer
SNP
Group 1 in the marshalled list of amendments concerns qualifying relatives. Amendment 1, in the name of the minister, is grouped with amendment 3.
The Minister for Community Safety (Fergus Ewing)
SNP
The Family Law (Scotland) Act 2006 amended the law on damages for wrongful death to provide that relatives by affinity—for instance, in-laws—would no longer ...
Bill Butler (Glasgow Anniesland) (Lab)
Lab
I urge members to support both amendments. I am particularly pleased that the Government has lodged amendment 3 to section 14. It will place stepgrandchildre...
Bill Aitken (Glasgow) (Con)
Con
Amendment 3 obviates a difficulty that could arise. Overall, consideration of this matter has revealed that we can no longer operate on the basis of the nucl...
The Deputy Presiding Officer
SNP
Group 2 is on minor and technical amendments. Amendment 2, in the name of the minister, is grouped with amendments 4, 9 and 10.
Fergus Ewing
SNP
Amendment 2 will delete the word “annual” from the phrase “net annual income” in section 7(1)(a). Its inclusion there seems unnecessary and potentially confu...
Bill Butler
Lab
I urge members to support all the amendments in group 2.On amendment 2, I agree that the word “annual” should be left out of section 7, as it is unnecessary ...
The Deputy Presiding Officer
SNP
Group 3 is on commencement. Amendment 5, in the name of Bill Butler, is grouped with amendments 6 to 8. I draw members’ attention to the fact that, if amendm...
Bill Butler
Lab
The one remaining area of possible dispute between the Government and me is commencement. The bill follows the Scottish Law Commission’s report of 2008, whic...
Fergus Ewing
SNP
I say at the outset that I share Bill Butler’s sentiments about the importance of bringing the legislation into effect as soon as possible, so I make it clea...
Bill Aitken
Con
Bill Butler has spent a lot of time and put a lot of commitment into getting the bill through the Parliament and his enthusiasm for having it implemented as ...
The Deputy Presiding Officer
SNP
I am using my power under standing orders to extend the time limit for the debate on this group to prevent it from being unreasonably curtailed.
Robert Brown (Glasgow) (LD)
LD
This is an important issue, but I am not sure that I fully understand all the implications. However, I am clear that the legislation needs to be implemented ...
Bill Butler
Lab
The minister’s detailed exposition of the effects of amendments 6 to 8 is convincing and his assurance gives me significant comfort. I concur with his wish t...
The Deputy Presiding Officer
SNP
That ends consideration of amendments.