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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

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 I will do my best.

I have a personal interest in how the personal injury court will enable access to justice, particularly for Clydeside Action on Asbestos. Concerns have been raised with regard to access to counsel. In that respect, I welcome comments that were made by the minister Roseanna Cunningham, who has said:

“I want to say very clearly that in creating the new personal injury sheriff court, we are creating a venue where such cases will be able to be raised and dealt with more quickly and effectively by specialist sheriffs, using new personal injury procedures, and be heard at a more proportionate cost to the families concerned, due to lower lawyer fees. And where families are faced with more complex cases they will still be able to raise their cases in the Court of Session and get access to counsel where this is appropriate.”

I thank the minister for making that very important point, and I thank the cabinet secretary for reiterating it in his earlier remarks. It is important that we put those views on the record to ensure that people know what the personal injury court stands for.

My colleagues Christine Grahame and Christian Allard have already mentioned yesterday’s visit to the Court of Session and the High Court in Edinburgh, and I thank the committee clerks for organising the visit and the courts for facilitating it. We saw modern technology in action—the television video links were very impressive—and the excellent work that everyone from judges to clerks is carrying out. Everyone works together; I believe that that is what modernisation is about. When we visited the Judicial Institute for Scotland learning suite, Lord Gill said that it is a first and made it clear that the way we are modernising the court system is much envied throughout the world. In fact, we are so forward thinking that the system is being replicated in Islamabad. We should be very proud of the fact that the Scottish courts system is at the forefront of this work.

Aside from the fact that all the other issues that I wanted to raise have been covered, I am making so much of the visit not only because it was impressive but because it showed us how we can modernise the courts. That is what the bill is all about. It is not just about access to justice for people, but about modernising the courts, which, as previous speakers have pointed out, is badly needed. Indeed, as Lord Gill has said, the system is 50 years behind the times.

Having never visited the courts before, I was very impressed by the work that they and, in particular, the judges carry out. The way we are modernising the system leads the world; if the approach is being replicated in Islamabad as well as in other countries, it must work—and it can work for the whole of Scotland’s court system. I look forward to taking the proposals in the bill and the views of the committee to the rest of the Parliament, and I am sure that everyone will welcome the modernisation of the court system.

17:12

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...