Hansard

I refer members to my registered interest as a member of the Faculty of Advocates.

I welcome the opportunity to speak in the debate. I am a relative newcomer to the Parliament, so I was not a party to the debate on the future of tribunals in September 2010, in which reference was made to the report of the group that was led by Lord Philip, which concluded that the tribunal system in Scotland was extremely “complex and fragmented” and did

“not meet the key principles of independence and coherence”.

Having announced in that debate that there was to be a Scottish Tribunals Service, the cabinet secretary, Mr MacAskill, is reported as having said that that was

“the first small step on a big journey. The real prize is for all tribunals in Scotland to form an integral part of the Scottish justice system.”—[Official Report, 30 September 2010; c 29183.]

That must remain the aim, and the current consultation heralds a further significant step along the way. Given that the new tiered structure will not for the moment include most tribunals that operate on devolved matters, let alone those on reserved matters, there is a considerable way to go, but it is a start.

Tribunal reform was one of the Scottish Government’s commitments for the making justice work programme. Making justice work aims to deliver a Scottish justice system that is accessible, easy to use and cost efficient. Those aims are admirable. As the minister said, tribunal reform must draw on the principles of the Franks report from the 1950s—on fairness, openness and impartiality.

As I said, Lord Philip was not complimentary about Scotland’s tribunal system. The Scottish Tribunals Service supports just six tribunals today, but there are many more and the integration of the six that are serviced by the Scottish Tribunals Service can be only the start. As other members have said, more than 40 tribunals work on different devolved areas in Scotland. All were established by different statutes, in different eras, with different priorities in mind.

We know that significant savings have been made from the establishment of the Scottish Tribunals Service and we cannot pretend other than that keeping the cost of tribunals under control must be a priority, but that must—as always—be compatible with the interests of justice. Reform of the tribunal system is an essential step in making Scottish civil law fit for the 21st century. The consultation on the Scottish Government’s proposals for a new tribunal system for Scotland is therefore a welcome development.

The strategy is clear, as I see it. The organisation of tribunals in Scotland, which can look like a jungle to the average person, will be streamlined, with a clearer appeals structure. Accessibility must remain at the core of the proposals. The new first tier ought to be better able to settle simple disputes, with the possibility of a referral to the appellate level. I do not believe that the system could embody functionality and simplicity better than that.

I am also confident that the new proposals will reassure people who are concerned that tribunals will not be independent of political influence and will not be impartial. Tribunals are used by people who require assistance to resolve disputes when unfair treatment by a third party—most often, an organ of the state—occurs. It is therefore important that their operation is not compromised, or seen to be compromised, by partisanship.

Let us be clear that the proposals are not a comprehensive solution to all tribunal-related challenges. In addition to the fact that the proposal is to commence with only the six tribunals that are serviced by the Scottish Tribunals Service, many tribunals remain reserved to the UK Government, so the Scottish Government cannot, at present, legislate on those areas.

I am pleased that the Scottish Government has been in dialogue with the UK Lord Chancellor, Kenneth Clarke, with a view to progressing the suggestion that there be a transfer of the administration of tribunals that operate in reserved areas in Scotland, as has been recommended by the Scottish committee of the Administrative Justice and Tribunals Council. I am not sure where we are with those discussions; I heard what the minister said to David McLetchie on the issue, but I would appreciate any further nuggets of information from the minister in her winding-up speech. Progress has clearly been made elsewhere in the UK. It would be undesirable for the enthusiasm that has been demonstrated elsewhere not to be replicated in Scotland.

The Scottish Government’s strategy for tribunals is clear. The proposals suggest an integrated model of first-tier tribunals, which will take on the work of current tribunals. In addition, an upper tier will be put in place as an appeals mechanism when decisions by the first-tier chambers are challenged.

Of course, perhaps the greatest strength of Scots law is its integrity. I am confident that the proposed system of tribunals, under the judicial leadership of the Lord President, will help to ensure that that integrity is maintained.

I also support proposals that seek to fully integrate tribunals with other forms of dispute resolution—first and foremost, the courts. The proposals that have been made on tribunals will not, as far as I am aware, affect an individual’s right to appeal to the Court of Session by way of judicial review. Although further clarity may be needed on the question of any appeal on a point of law to the Court of Session, I welcome in particular the proposal that appeals from the Mental Health Tribunal for Scotland to the Court of Session will remain. That is an important safeguard.

The proposals seem to herald a joined-up approach and represent a significant step towards sorting out the currently fragmented and piecemeal system. That cannot be anything but a plus.

I am pleased to have had the opportunity to speak in the debate and am supportive of the Scottish Government’s proposals, even if I might prefer—as David McLetchie suggested—more rapid progress. I look forward to the report on the consultation responses in due course.

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