Hansard

The Presiding Officer (Sir David Steel): NPA

Following this morning's court decision, I now call Jim Wallace to make a statement on temporary sheriffs.

The Deputy First Minister and Minister for Justice (Mr Jim Wallace): LD

I wish to make a statement about the decision issued this morning by the justiciary appeal court in Edinburgh. During a criminal trial in Linlithgow sheriff ...

Roseanna Cunningham (Perth) (SNP): SNP

The decision clearly has enormous practical implications for Scottish justice, some of which the minister has dealt with in his statement. He mentioned tempo...

Mr Wallace: LD

I agree with Ms Cunningham that the judgment has important practical implications for the administration of justice in Scotland. I note what she says about t...

David McLetchie (Lothians) (Con): Con

I thank the minister for making available a copy of his statement for our analysis in advance of his announcement to the Parliament. I have perhaps been some...

The Deputy Presiding Officer (Mr George Reid): SNP

Although the chair has not previously restricted the number of questions, that was quite a run, Mr McLetchie.

Mr Wallace: LD

I thank Mr McLetchie for his welcome for this statement. It is a good example of how devolution can work: a decision can be made in the courts in the morning...

Donald Gorrie (Central Scotland) (LD): LD

Will the minister examine the whole issue of temporary sheriffs? Society is increasingly being built on the policy of not giving people proper jobs, whether ...

Mr Wallace: LD

I agree with Mr Gorrie that temporary sheriffs are indeed very worthy ladies and gentlemen. It is important to point out that their lordships did not accuse ...

Nicola Sturgeon (Glasgow) (SNP): SNP

The minister will be aware that temporary sheriffs have frequently been appointed simply because they cost less than permanent sheriffs. In light of that, ha...

Mr Wallace: LD

I cannot give the Parliament any accurate indication of the costs of today's decision. As I said in my statement, until we have fully considered the terms of...

Euan Robson (Roxburgh and Berwickshire) (LD): LD

Does the Minister for Justice accept that it would be wrong to allow an undue backlog of civil cases to develop? There have already been concerns about the r...

Mr Wallace: LD

Although we clearly do not want a huge backlog of cases to develop, the Parliament will agree that sheriffs principal should give a high priority to criminal...

Christine Grahame (South of Scotland) (SNP): SNP

The minister will recall that, during the emergency debate on the legislation amending the Mental Health (Scotland) Act 1984, the SNP raised questions about ...

Mr Wallace: LD

As Mrs Grahame has practised law, she will know that very often the most interesting and difficult legal cases are the ones that are not foreseen. If one cou...

Christine Grahame: SNP

I thank the minister, but that reply is not satisfactory. Each of the High Court judges agreed—there was not one dissenting voice. I cannot understand how th...

Mr Wallace: LD

I apologise if I did not pick up the precise point that Mrs Grahame was making about the amended mental health legislation. I am content that on the basis of...

Bruce Crawford (Mid Scotland and Fife) (SNP): SNP

I come at this matter from the perspective of someone who was formerly active as a justice of the peace. In view of the ruling on temporary sheriffs and, in ...

Mr Wallace: LD

Where particular cases are heard is a matter for the Lord Advocate. I understand that it is his position that charges will not be downgraded. As I said to Ms...

Michael Russell (South of Scotland) (SNP): SNP

In the light of Mr Wallace's remarks about the inability to foresee things, it is my feeling that it is frequently not so much justice that is blind in Scotl...

Mr Wallace: LD

I remind Mr Russell that it was not the appointments that the judges criticised, but the security of tenure. He is right, however, to point out that the part...

The Deputy Presiding Officer: SNP

That concludes the questions and answers on temporary sheriffs.