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
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 Scottish Government that Labour agrees that the Scottish court system requires reform. As the cabinet secretary said, it was Cathy Jamieson, when she was Minister for Justice, who instigated Lord Gill’s review. Constituents and their solicitors tell us about their frustrations, as cases such as those concerning family law, debt, eviction or antisocial behaviour take months to come to court and then are not taken on the expected date because the courts are too busy and criminal cases take precedence over civil cases. Those pressures are exacerbated in some cases by the influx of business from nearby courts that have recently been closed. We agree that action needs to be taken.
We support the creation of the post of summary sheriff to hear civil cases of under £5,000 in value, and summary criminal cases, enabling more experienced sheriffs to deal with more complex cases and relieving some of the congestion in the system. However, it will take 10 years for the complement of 60 sheriffs to be appointed, as it is suggested that, other than stipendiary magistrates, who will probably transfer across, appointment will be made only when an existing sheriff retires.
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...