Hansard

The Deputy Presiding Officer (John Scott) Con

The next item of business is a debate on motion S4M-01133, in the name of Kenny MacAskill, on ensuring the integrity of Scots criminal law.14:59

The Cabinet Secretary for Justice (Kenny MacAskill) SNP

Scotland has a unique legal tradition that is many centuries old and proudly independent. The existence of distinctive Scots law predates the treaty of union...

Johann Lamont (Glasgow Pollok) (Lab) Lab

Does the cabinet secretary think that the public might prefer him not to go on in great detail about the issue but instead address the key issue for the just...

Kenny MacAskill SNP

I would have hoped that, on a matter of huge constitutional importance that is fundamental to the integrity of Scots criminal law, the member’s intervention ...

James Kelly (Rutherglen) (Lab) Lab

I welcome the opportunity to take part in this afternoon’s debate. I thank Lord McCluskey and his colleagues for the work that they have done in producing no...

Kenny MacAskill SNP

Does the member recognise that the Lord President’s letter says:“the High Court should be brought into line with the Court of Appeal (Criminal Division) and ...

James Kelly Lab

If Mr MacAskill looks back at the submissions to the expert group that Lord Wallace established, he will see that only two submissions supported the route th...

John Lamont (Ettrick, Roxburgh and Berwickshire) (Con) Con

I, too, welcome the opportunity for members to look in detail at the final report by Lord McCluskey’s review group. We had an informative debate on the inter...

Alison McInnes (North East Scotland) (LD) LD

I, too, welcome the opportunity to debate the review group’s report and set it in the context of the wider debate. I find it interesting that, after the Gove...

Kenny MacAskill SNP

The member seems to be suggesting that, south of the border, the UK Supreme Court is the final court of appeal on criminal matters. Given that it is accepted...

Alison McInnes LD

I do not agree. The reason for having certification south of the border is the vast number of cases that might appear in the Supreme Court. The number of suc...

Roderick Campbell (North East Fife) (SNP) SNP

I declare an interest as a member of the Faculty of Advocates.I welcome the findings of Lord McCluskey’s further report as part of the on-going debate about ...

The Deputy Presiding Officer (Elaine Smith) Lab

I have a wee bit of time in hand for interventions.15:40

John Finnie (Highlands and Islands) (SNP) SNP

The debate is about Scots law, not about any other system. It is about respect for the unique features of Scots law.When the UK Supreme Court commenced opera...

Hugh Henry (Renfrewshire South) (Lab) Lab

It is hard to conclude that the Scottish Government is, as John Finnie suggested, outward looking on the issue that we are discussing, because everything tha...

Annabelle Ewing (Mid Scotland and Fife) (SNP) SNP

Will the member give way?

Hugh Henry Lab

Certainly.

Annabelle Ewing SNP

I thank the member for giving way. It is interesting to hear about his research into the definitions of various words but it would be quite helpful if he cou...

Hugh Henry Lab

Other members in my group have outlined their specific points on that, but we must take notice of the general context. Earlier this year intemperate and disg...

George Adam (Paisley) (SNP) SNP

Obviously, I did not think things out too well when I sat down for this debate next to an advocate. However, I hope that I can show some good old-fashioned c...

David McLetchie (Lothian) (Con) Con

Will the member give way?

George Adam SNP

Against my better judgment, I will.

David McLetchie Con

Is the member aware that the High Court got the Donoghue v Stevenson decision wrong in a sense? It was actually the House of Lords that established the princ...

George Adam SNP

As I said, the cases that I have been discussing are civil, not criminal.The public believes and the cabinet secretary is correct to say that the distinctive...

The Deputy Presiding Officer Lab

I remind members that we have a wee bit of spare time. Members taking interventions would be preferable to any shouting out from the seats.15:57

Annabelle Ewing (Mid Scotland and Fife) (SNP) SNP

I preface my remarks by stating for the record that I am a member of the Law Society of Scotland and that I hold a current practising certificate. I remember...

James Kelly Lab

Annabelle Ewing’s premise seems to be that the Supreme Court’s ability to take cases from Scotland should be limited. It was not clear from the cabinet secre...

Annabelle Ewing SNP

If I understand James Kelly correctly, he is addressing the issue of deleting the reference to the Lord Advocate and extending it to cover public bodies, whi...

Graeme Pearson (South Scotland) (Lab) Lab

I thank Lord McCluskey’s group for the effort that it has made and the quality of the report that it has produced in such quick time and in unfortunate circu...

Derek Mackay (Renfrewshire North and West) (SNP) SNP

Does the member not think that he, like many Labour Party members, is becoming victim to thinking that the debate is about the rhetoric rather than the subst...