Chamber
Meeting of the Parliament 03 March 2011
03 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Damages (Scotland) Bill: Stage 3
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 smoothly and effectively but not necessarily speedily—although we do want it to be brought into force as speedily as possible.
I will make two points to supplement the comments made by the minister and Bill Aitken, both of whom I substantially agree with. First, I emphasise that the professionals involved need to know about the legislation. It needs to be discussed in law journals and so on to ensure that the lawyers who advise clients, the judges who make the decisions and the clerks and others who have to deal with these matters know about the provisions and can assess and deal with things.
Secondly, I should know the answer to this, but I am not sure that I do. How will these provisions apply to actions that have been raised before the legislation is commenced? As far as I can see, there is no specific reference to that in the bill, so it must be a matter of interpretation. I assume, however, that the bill will not apply to actions that have already been raised. If that is not correct, I would like some clarification on what the exact implications are for actions that have been raised and are going through the court before the commencement of the legislation.
I will make two points to supplement the comments made by the minister and Bill Aitken, both of whom I substantially agree with. First, I emphasise that the professionals involved need to know about the legislation. It needs to be discussed in law journals and so on to ensure that the lawyers who advise clients, the judges who make the decisions and the clerks and others who have to deal with these matters know about the provisions and can assess and deal with things.
Secondly, I should know the answer to this, but I am not sure that I do. How will these provisions apply to actions that have been raised before the legislation is commenced? As far as I can see, there is no specific reference to that in the bill, so it must be a matter of interpretation. I assume, however, that the bill will not apply to actions that have already been raised. If that is not correct, I would like some clarification on what the exact implications are for actions that have been raised and are going through the court before the commencement of the legislation.
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.