Human Rights

Oral Answers to Questions — Advocate-General – in the House of Commons at 11:30 am on 4 February 2003.

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Photo of Alan Reid Alan Reid Opposition Whip (Commons) 11:30, 4 February 2003

What human rights issues she has dealt with since 7 January.

Photo of Dr Lynda Clark Dr Lynda Clark Advocate General for Scotland, Department for Constitutional Affairs, Advocate General for Scotland

Since 7 January, 32 human rights issues have been intimated to me, all relating to criminal matters. They dealt with a wide variety of topics, including undue delay in criminal proceedings; refusal to release prisoners on life licence; the definition of the offences of shameless indecency and false accusation; the availability of essential witnesses for trial; and the use of CCTV evidence.

Photo of Alan Reid Alan Reid Opposition Whip (Commons)

On 16 January, some of my constituents were almost deprived of their ultimate human right—the right to life—when disembarking from a Caledonian McBrayne catamaran at Dunoon pier. The Maritime and Coastguard Agency is conducting an investigation, but will the Advocate-General advise Transport Ministers that a public inquiry must be held, so that the events leading up to that near tragic incident can be fully and publicly examined and passengers be given the right to cross-examine witnesses?

Photo of Dr Lynda Clark Dr Lynda Clark Advocate General for Scotland, Department for Constitutional Affairs, Advocate General for Scotland

I appreciate the hon. Gentleman's concern for his constituents, who were obviously caused great distress. I am sure that he understands that policy responsibility for such matters does not lie with me. UK Ministers are always concerned about such incidents, so I am sure that they will pay attention to the matter.

Photo of Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change)

The hon. and learned Lady will recall that, on 26 November 2002, she told me that she could see no human rights issues arising from the appointment of commissioners to the Northern Lighthouse Board. I respectfully invite the Advocate-General to reconsider that position, and remind her that it is a principle of natural justice that no one should be a judge in their own cause—or, as we say in Orkney, nemo judex in sua causa. Every sheriff principal in Scotland is a member of the lighthouse board. What confidence can a party to an action against the board in a sheriff court have that justice can be seen to be done?

Photo of Dr Lynda Clark Dr Lynda Clark Advocate General for Scotland, Department for Constitutional Affairs, Advocate General for Scotland

I understand that the hon. Gentleman is extremely concerned about the lighthouse board scheme. Nevertheless, membership policy is not a matter for me. There is a simple solution. I am sure that many of the hon. Gentleman's constituents share his concern, so they should raise the matter as a devolution issue. In that event, I will certainly take on board the issue that he has raised. If I consider that there is merit in such a representation, I will intervene.