Alistair Carmichael (Shadow Minister, Home Affairs; Orkney & Shetland, Liberal Democrat)

In this morning’s sitting, I commented on subsection (5) and the curious absence of Scottish Ministers, and I speculated that, under paragraph (e), they might not be covered in respect of all their functions. I hope that the Government will look into that before we return to this matter on Report.

Subsection (6) raises a curious spectre of a Minister suing Minister within the national Government, or a Westminster Minister raising proceedings against a Minister in Edinburgh, Cardiff or Belfast. I presume that that would be an exceptional situation, but that remains to be seen.

The duty under subsection (6)(b) is enforceable in civil proceedings in three circumstances. The first of them is “for an injunction”. The second is

“for specific performance of a statutory duty under section 45 of the Court of Session Act 1988”.

If I ever knew what that was, I am afraid that I have long since forgotten. However, it appears that it refers to a specific performance of a statutory duty, so it would be considerably narrower than an interdict, which is the Scottish term of art equivalent to an injunction. The third circumstance—we return to the issue of “anybody else who knows me”—is

“for any other appropriate remedy or relief.”

That is very widely drafted.

If the Under-Secretary addresses subsection (5), he might consider giving Scots law its proper place in subsection (6). I realise hon. Members might expect a Scot such as me to make such a point.

Andy Burnham (Parliamentary Under-Secretary, Home Office; Leigh, Labour)

In previous discussions, I undertook to write to the hon. Gentleman in order to set out clearly our position. For the record, it is our understanding that the Bill takes care of his concerns, and that subsection (5)(e) does the job that it is supposed to do. However, I owe him a full explanation on this point. I will endeavour to provide   him with that, and I am confident that it will give him the reassurance that he seeks. I will write to him in due course.