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Chamber

Meeting of the Parliament 21 May 2014

21 May 2014 · S4 · Meeting of the Parliament
Item of business
Courts Reform (Scotland) Bill: Stage 1

That is a fair point. It is important to put on record that the whole purpose of Lord Gill’s review is to ensure that we get access to justice because the system is “slow, inefficient and expensive”. I have narrated that, but it also important to mention Sheriff Principal Taylor’s additional point, because it is not simply about complex cases, such as asbestos cases, going to the Court of Session. Sheriff Principal Taylor made it quite clear—and we will respond to this point in due course—that sanction for counsel applies on the basis of not just the length of a case or its complexity, but equality of arms.

If an insurance company or another party to the action turns up with Queen’s counsel or an advocate, parity will be important—indeed, in fairness, equality of arms indicates that there should be parity. That means, I think, that Sheriff Principal Taylor is looking at an extension—not simply the length and complexity of a case but equality of arms. I hope that those points reassure Mr McNeil, who makes a valuable point that is echoed by Clydeside Action on Asbestos, which, as everyone in the chamber knows, does an outstanding job.

I expect to announce the Scottish Government’s response to Sheriff Principal Taylor’s review before stage 2 of the Courts Reform (Scotland) Bill. I have commented on this already, but the review recommends that the sheriff should be able to ensure that no party gains an undue advantage by virtue of the resources that are available to them. Sheriff Principal Taylor also told the Justice Committee that it is very rare for sanction for counsel to be refused in the sheriff court.

In addition, we have agreed to lodge amendments to the bill to ensure that the test for remitting cases from the sheriff court to the Court of Session—where sanction for counsel is automatic—is not too strict.

In relation to workplace injuries, under section 69 of the Enterprise and Regulatory Reform Act 2013—a reserved piece of legislation—the strict liability of employers for workplace accidents is removed. The Scottish Trades Union Congress argues that that will make it harder to bring workplace injury cases. I have had discussions with the STUC and we are considering what, if anything, we can do to mitigate the effects of that change, which has been brought about by the Government in Westminster.

We have taken stakeholders’ views and we are actively considering the Justice Committee’s report. I am happy to continue engaging in discussions with Clydeside Action on Asbestos, the STUC and others and to reflect on views as the bill progresses. However, we cannot undermine the fundamental principle of the bill, which is to deliver efficient and affordable civil justice, as Lord Gill intended.

Lord Gill has stated that the system is ready; that litigants will benefit from the reforms; and that the reforms are long overdue. The bill will ensure that our civil justice system becomes more accessible, affordable and efficient.

I move,

That the Parliament agrees to the general principles of the Courts Reform (Scotland) Bill.

In the same item of business

The Presiding Officer (Tricia Marwick) NPA
The next item of business is a debate on motion S4M-10090, in the name of Roseanna Cunningham, on the Courts Reform (Scotland) Bill. I will allow a few momen...
The Deputy Presiding Officer (Elaine Smith) Lab
I call Kenny MacAskill to speak to and move the motion in the name of Roseanna Cunningham. Cabinet secretary, you have a maximum of 10 minutes but less would...
The Cabinet Secretary for Justice (Kenny MacAskill) SNP
I am delighted to open this stage 1 debate on the Courts Reform (Scotland) Bill. I record my thanks to the Justice Committee for its consideration of the bil...
Duncan McNeil (Greenock and Inverclyde) (Lab) Lab
The cabinet secretary mentioned asbestos cases. Over the years, he and others in the Parliament have done a lot of work for asbestos victims and their famili...
Kenny MacAskill SNP
That is a fair point. It is important to put on record that the whole purpose of Lord Gill’s review is to ensure that we get access to justice because the sy...
The Deputy Presiding Officer Lab
Thank you. I advise members that we are very tight for time. I call Christine Grahame to speak on behalf of the Justice Committee. You have a maximum of seve...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I welcome the opportunity to speak on behalf of the Justice Committee on this significant and complex bill, which, thankfully, has been without huge controve...
Elaine Murray (Dumfriesshire) (Lab) Lab
On behalf of the Labour members of the Justice Committee, I thank the clerks, and all the witnesses who gave evidence to the committee. I assure the Scottis...
Liam McArthur (Orkney Islands) (LD) LD
Could the member advise whether the committee sought views on the concerns that have been raised, certainly in my constituency, about the removal of honorary...
Elaine Murray Lab
That was part of the committee’s report—we considered that issue.
Christine Grahame SNP
It was in my speech but I had to cut it out because my time was cut.
Elaine Murray Lab
Congestion in the sheriff courts is likely therefore to persist for some time. We are concerned that if the requirement for corroboration is abolished, as th...
Margaret Mitchell (Central Scotland) (Con) Con
The bill represents years of endeavour by the Scottish civil courts review, which Lord President Gill led, and will implement overdue reforms to Scotland’s c...
The Deputy Presiding Officer Lab
We turn to the open debate. We are very tight for time. Speeches will be a maximum of four minutes. 16:52
Christian Allard (North East Scotland) (SNP) SNP
This is an important debate and I wish that we had more time for it. Yesterday, as the convener said, the committee went up town for a breath of fresh air....
The Deputy Presiding Officer Lab
Thank you very much. I am afraid that every second counts in the debate. Graeme Pearson, you have four minutes. 16:56
Graeme Pearson (South Scotland) (Lab) Lab
Thank you for allowing me to contribute this afternoon, Presiding Officer. I am pleased that section 69 of the Enterprise and Regulatory Reform Act 2013 has...
Christine Grahame SNP
Will the member take an intervention?
Graeme Pearson Lab
I am sorry—I am out of time. The advocate’s role in the process is important. The dean of the Faculty of Advocates raised an important issue about the foren...
The Deputy Presiding Officer Lab
Thank you. I am afraid that if members go over time by a few seconds, we will lose some members from the debate. 17:00
Roderick Campbell (North East Fife) (SNP) SNP
I refer members to my entry in the register of interests as a member of the Faculty of Advocates. There is, as the convener of the Justice Committee suggest...
Alison McInnes (North East Scotland) (LD) LD
Following Lord Gill’s review of the civil courts, he described the existing system as “failing to deliver justice ... expeditiously, economically or efficie...
Sandra White (Glasgow Kelvin) (SNP) SNP
I thank the previous speakers for their comprehensive speeches. In fact, they were so comprehensive that they have left with me with very little to add, but ...
John Pentland (Motherwell and Wishaw) (Lab) Lab
There is general support for court reform. Yes, we want to modernise Scottish courts; yes, we want to make the system more efficient; and yes, we want it to ...
Nigel Don (Angus North and Mearns) (SNP) SNP
I feel that I am something of an interloper in this debate, as I was not on the Justice Committee through the process, but the subject is fascinating and I w...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
I am on the Finance Committee, which looked at the bill’s financial memorandum. It seems to me that there are three major mysteries and a few minor mysteries...
The Deputy Presiding Officer (John Scott) Con
Twenty seconds.
Malcolm Chisholm Lab
I will make three minor points. It was flagged up that there will be substantial costs in creating a new training programme for specialist sheriffs, that the...
The Deputy Presiding Officer Con
Many thanks. 17:22
John Finnie (Highlands and Islands) (Ind) Ind
It is a welcome focus for the Justice Committee to be looking at civil rather than criminal matters. Like my colleagues, I support the principles of the bill...