Chamber
Plenary, 30 Nov 2000
30 Nov 2000 · S1 · Plenary
Item of business
District Courts
Many of them have been tried and convicted, but because the court doors are shut when they come along to face up to their convictions, they are turned away. Those people are villains and they have got away with it. There are others who are alleged villains—I use the word "alleged" carefully—but I make no apology for referring to villains walking free, because that is precisely what is happening. I would like to think, Pauline, that you will chastise your minister and those in Glasgow City Council for a situation that you must feel threatens the people whom you represent.
Unofficially, the Scottish Police Federation condemns the strike and the Executive's inability to resolve it. It considers that court workers should be under the same constraints as the police and, therefore, unable to strike. It is frustrating enough when alleged criminals walk free due to lack of evidence, clever manipulation of the system or the failure, for no explained reason, of the procurator fiscal service to press charges. We noted the latter yesterday, when we discussed the sad events that surrounded the Chhokar trial. However, it is a slap in the face for the police when those whom they consider to be criminals walk out of the court due to industrial action that is beyond the control of the police.
Life for the police has been made more difficult already, thanks to the over-hasty incorporation of the European convention on human rights. Time and time again, the ECHR interferes with Scotland's long-standing justice system. The Executive, in the guise of those who were Labour ministers and MPs in the Westminster Parliament, was well warned about the effects of the ECHR, but chose to ignore the advice of senior members of the judiciary. People in Scotland are paying the price for that.
Unofficially, the Scottish Police Federation condemns the strike and the Executive's inability to resolve it. It considers that court workers should be under the same constraints as the police and, therefore, unable to strike. It is frustrating enough when alleged criminals walk free due to lack of evidence, clever manipulation of the system or the failure, for no explained reason, of the procurator fiscal service to press charges. We noted the latter yesterday, when we discussed the sad events that surrounded the Chhokar trial. However, it is a slap in the face for the police when those whom they consider to be criminals walk out of the court due to industrial action that is beyond the control of the police.
Life for the police has been made more difficult already, thanks to the over-hasty incorporation of the European convention on human rights. Time and time again, the ECHR interferes with Scotland's long-standing justice system. The Executive, in the guise of those who were Labour ministers and MPs in the Westminster Parliament, was well warned about the effects of the ECHR, but chose to ignore the advice of senior members of the judiciary. People in Scotland are paying the price for that.
In the same item of business
The Presiding Officer (Sir David Steel):
NPA
Our first item of business is a Scottish Conservative and Unionist Party debate on motion S1M-1404, in the name of Phil Gallie, on district courts, and two a...
Phil Gallie (South of Scotland) (Con):
Con
Thank you, Presiding Officer.This is the 21st century and Scotland has its own Parliament with clear responsibility for administering and managing its own ju...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I have a quick question for you. You mention thousands of villains, but how do we know that they are villains if they have not been tried in court?
Phil Gallie:
Con
Many of them have been tried and convicted, but because the court doors are shut when they come along to face up to their convictions, they are turned away. ...
Robert Brown (Glasgow) (LD):
LD
My point about the ECHR has been made many times before. I suppose Mr Gallie is aware that the United Kingdom has been signed up to the ECHR for many years. ...
Phil Gallie:
Con
I recognise that my party was committed to the principles of the ECHR, but it was careful not to incorporate the convention into our law. The Conservative Go...
Christine Grahame (South of Scotland) (SNP) rose—
SNP
Phil Gallie:
Con
We have enough reports in the Scottish Parliament to paper the entire road system in Scotland. We need action, not discussion. I would have expected any part...
Christine Grahame:
SNP
Will the member give way?
Phil Gallie:
Con
Perhaps Christine Grahame will give us some ideas.
Christine Grahame:
SNP
You know very well, Phil, that a report is in hand, as we were told about the on-going review of district courts at the meeting of the Justice and Home Affai...
Phil Gallie:
Con
We do not need reports at the present time. We are in a desperate situation; something has got to be done. You may be prepared to wait till the spring, but I...
Christine Grahame:
SNP
Will you—
Phil Gallie:
Con
No. I am running out of time and cannot take another intervention.The national Government was quick to respond to the petrol fiasco. It was able to identify ...
Scott Barrie (Dunfermline West) (Lab):
Lab
Will Mr Gallie give way?
Phil Gallie:
Con
I do not think that the Presiding Officer will allow me to give way, as I have already exceeded the time allowed for my speech.
The Presiding Officer:
NPA
That is right, Mr Gallie.
Phil Gallie:
Con
I apologise for that, Presiding Officer.I sympathise with Iain Gray, who has inherited this situation with his new ministerial post. However, his boss, Jim W...
The Presiding Officer:
NPA
Before I call the minister to speak, I want to remind members of something. I did not want to interrupt you, Mr Gallie, but there were rather too many yous r...
The Deputy Minister for Justice (Iain Gray):
Lab
I welcome the chance to clear up some of the misleading comments about the situation in Glasgow district court that have been flying around in the press and,...
Brian Adam (North-East Scotland) (SNP):
SNP
Does the minister recognise that negotiations have been concluded in Aberdeen on behalf of all staff and that the local authority has reached a separate sett...
Iain Gray:
Lab
I recognise that that has happened, but I would not care to comment on it for the reason that I have just given. I note that negotiations continued yesterday...
Phil Gallie:
Con
If someone is taken in by the police on a Friday or Saturday night after creating a breach that involves violence and is due to appear in court on the follow...
Iain Gray:
Lab
If the case is a common law case, it is not time barred and will not fall automatically because the court is closed on the day that has been arranged. I woul...
Michael Matheson (Central Scotland) (SNP):
SNP
I am sure that all members present recognise that district courts perform an important function in our justice system. The present situation at Glasgow distr...
Iain Gray:
Lab
Does Mr Matheson accept that he has just illustrated perfectly the point that I made: that this is a shared responsibility?
Michael Matheson:
SNP
I accept that it is a shared responsibility. Every one of the bodies to which I referred has a role in the running of the district courts. However, ultimate ...
Phil Gallie:
Con
Will the member give way?
Michael Matheson:
SNP
My time is limited, but I will take a quick intervention from Phil Gallie.
Phil Gallie:
Con
Does the member agree that it is right that the police should not take industrial action? Does he recognise that court staff are also important to the justic...