Chamber
Plenary, 31 Jan 2007
31 Jan 2007 · S2 · Plenary
Item of business
Tribunals, Courts and Enforcement Bill
Presiding Officer, I am conscious of the limited time available, so, with your permission, I will speak only briefly in my opening contribution. I hope to be able to respond to any issues that arise in the discussion that follows.
Two parts of the bill are within devolved competence: tribunal reform and immunity of works of art from seizure. On immunity, the provisions will protect our ability to attract loans from overseas of cultural objects and works of art for public exhibition. Increasingly, major cultural exhibitions rely on loans of works from abroad, so as to allow the public and tourists a significantly enhanced appreciation of culture and art. However, sometimes works of art have been seized while on international loan, for example because of disputes over ownership or debt. Museums and galleries are increasingly concerned about that risk.
Part 6 of the bill, on protecting cultural loans in carefully constrained circumstances, will bring the UK into line with many other countries. Scotland will be disadvantaged if the provisions are not applied here. I stress that we are acutely aware of the sensitive issue of the balance to be struck between the benefits of providing immunity and the rights of people who might legitimately claim ownership of the works of art concerned. We are aware of the particular concern to do with the significant issue of Holocaust spoliation.
The bill sets up the statutory framework for the new Tribunals Service covering reserved tribunals such as social security and taxation. The new Tribunals Service will create a more coherent and transparent tribunal system that is flexible enough to meet the differing needs of its users.
Ministers and the Justice 2 Committee have given detailed consideration to the proposals in the bill, which we consider are in Scotland's best interests.
I move,
That the Parliament agrees that the relevant provisions of the Tribunals, Courts and Enforcement Bill, introduced in the House of Lords on 16 November 2006, (a) relating to the establishment of a new Tribunals Service and an Administrative Justice and Tribunals Council and (b) providing immunity from seizure for international works of art on loan to exhibitions in this country, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.
Two parts of the bill are within devolved competence: tribunal reform and immunity of works of art from seizure. On immunity, the provisions will protect our ability to attract loans from overseas of cultural objects and works of art for public exhibition. Increasingly, major cultural exhibitions rely on loans of works from abroad, so as to allow the public and tourists a significantly enhanced appreciation of culture and art. However, sometimes works of art have been seized while on international loan, for example because of disputes over ownership or debt. Museums and galleries are increasingly concerned about that risk.
Part 6 of the bill, on protecting cultural loans in carefully constrained circumstances, will bring the UK into line with many other countries. Scotland will be disadvantaged if the provisions are not applied here. I stress that we are acutely aware of the sensitive issue of the balance to be struck between the benefits of providing immunity and the rights of people who might legitimately claim ownership of the works of art concerned. We are aware of the particular concern to do with the significant issue of Holocaust spoliation.
The bill sets up the statutory framework for the new Tribunals Service covering reserved tribunals such as social security and taxation. The new Tribunals Service will create a more coherent and transparent tribunal system that is flexible enough to meet the differing needs of its users.
Ministers and the Justice 2 Committee have given detailed consideration to the proposals in the bill, which we consider are in Scotland's best interests.
I move,
That the Parliament agrees that the relevant provisions of the Tribunals, Courts and Enforcement Bill, introduced in the House of Lords on 16 November 2006, (a) relating to the establishment of a new Tribunals Service and an Administrative Justice and Tribunals Council and (b) providing immunity from seizure for international works of art on loan to exhibitions in this country, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
The next item of business is a debate on motion S2M-5427, in the name of Cathy Jamieson, on the Tribunals, Courts and Enforcement Bill, which is United Kingd...
The Deputy Minister for Justice (Johann Lamont):
Lab
Presiding Officer, I am conscious of the limited time available, so, with your permission, I will speak only briefly in my opening contribution. I hope to be...
The Presiding Officer:
NPA
A number of members want to speak. I will not get them all in unless remarks are kept closer to two, rather than three, minutes.
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
In a world of shifting boundaries—one thinks of the Balkans, Africa and the middle east—and with the overhang of history from the Holocaust, there are many c...
Mr David Davidson (North East Scotland) (Con):
Con
I welcome the minister's comments and the clarity that she attempted to give. We in the Conservative party welcome much of the content of the bill. A number ...
Donald Gorrie (Central Scotland) (LD):
LD
The Scottish Council of Jewish Communities is, naturally, one of the groups that has studied this issue carefully because of the problems arising from the Na...
Chris Ballance (South of Scotland) (Green):
Green
I will be brief, but I think that it is important that the breadth of voices of those in the chamber who have worries about part 6 of the bill in particular ...
The Presiding Officer:
NPA
Order. A little more courtesy, please. There are too many private conversations going on.
Mr Kenneth Macintosh (Eastwood) (Lab):
Lab
I echo the comments of colleagues from all parties. Although we support most of the reforms in the legislative consent motion, a particular issue that arises...
Johann Lamont:
Lab
This is a significant debate. I have to say that I disagree strongly with the contention from our friend from the Green party that some folk in the chamber w...