Devolution

Oral Answers to Questions — Advocate-General – in the House of Commons at 11:30 am on 20th May 2003.

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Photo of Ann McKechin Ann McKechin Labour, Glasgow Maryhill

What devolution issues she has dealt with since 8 April.

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

Since 8 April, 39 devolution issues have been intimated to me. They concerned a range of matters including delay in criminal proceedings, solitary confinement under the prison rules, offences that involve the narration of previous convictions, the requirement on the defence to lodge notice of intention to lead sexual history evidence in trials, and the use of evidence from now-deceased witnesses.

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

The Advocate-General will be aware that in my constituency there is a great deal of interest locally in the position of udal law, particularly as it relates to ownership and control of the seabed. That has led to the establishment of a website, www.udallaw.com. Has the hon. and learned Lady considered the position of udal law in relation to the seabed, and if not, will she do so, and offer appropriate advice to her Government colleagues?

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

I remember being taught about udal law at university, as I am sure the hon. Gentleman was. No doubt it has come in extremely useful to his constituents. He raises an important matter. Udal law has an important history in the Orkney and Shetland isles, and I am sure that the hon. Gentleman, with his legal background and training in a Scottish university, will be of great use to his constituents in that regard. With respect to the specific reservation in the Scotland Act, udal law is not reserved. I do not know whether I am pleased about that or not. In general, land law is devolved to the Scottish Parliament. I enter the usual caveat: it all depends on the specific circumstances of the problem raised. Obviously, individual property owners must take legal advice on the extent of their own proprietorial interests.

Photo of Ann McKechin Ann McKechin Labour, Glasgow Maryhill

I should be grateful if my hon. and learned Friend could explain the basis for the requirement on the defence to lodge a notice of intention to discuss sexual histories in trials.

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

A new requirement was introduced by the Scottish Parliament in the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002. As a result of that Act, a number of devolution issues have been intimated to me. I mentioned one of them in my answer a moment ago. As yet, there has been no authoritative determination of the point that was challenged. I undertake to keep my hon. Friend advised when there is such a decision.