Oral Answers to Questions — Scotland – in the House of Commons at 2:30 pm on 18 October 2005.
Anne McIntosh
Shadow Minister (Foreign and Commonwealth Affairs)
2:30,
18 October 2005
What recent devolution issues the Advocate-General has considered.
Alistair Darling
The Secretary of State for Scotland, The Secretary of State for Transport
Before answering that question, I should mention that I am a non-practising member of the Faculty of Advocates. As it is more than 18 years since I last practised, I am probably a bit rusty on the law.
I understand that since
Anne McIntosh
Shadow Minister (Foreign and Commonwealth Affairs)
I, too, am a non-practising member of the Faculty of Advocates, and I think that it is even longer since I last practised.
It has been customary when the Advocate-General has answered questions in the House that she tells us a little about the cases on which she has been consulted. Perhaps the Secretary of State would care to elaborate on that. Perhaps he would like to tell us why the Advocate-General has not yet spoken as Advocate-General in the House of Lords. We, in this place, would find that of great interest.
Because of our interest in the work of the Advocate-General, I am sure that—
Michael Martin
Chair, Speaker's Committee on the Electoral Commission, Speaker of the House of Commons, Chair, Speaker's Committee on the Electoral Commission
Order. The hon. Lady knows that supplementary questions should be short. If she will make her point in the next few seconds, I shall remain seated.
Anne McIntosh
Shadow Minister (Foreign and Commonwealth Affairs)
What representations has the Advocate-General made on behalf of junior advocates at the bar about legal aid fees in Scotland?
Alistair Darling
The Secretary of State for Scotland, The Secretary of State for Transport
I take it from what the hon. Lady said that she had no particular question to ask. Most of the cases are civil cases, and I think that the Advocate-General has written to the hon. Lady on that. If she wants to know the detail of the 228 cases—and this point applies to the whole House—it may be better for her to request that in writing, as it would take some considerable time to deal with them all at the Dispatch Box.
When the Advocate-General speaks in the House of Lords is a matter outwith my control. The conventions and procedures there are different and most of us struggle to understand them fully.
Legal aid is a matter for the Lord Advocate in Scotland. I know that there have been discussions north of the border, just as there have been south of the border, about how to make sure that legal aid is spent reasonably, while ensuring that people who are entitled to legal services get them.
Alistair Carmichael
Shadow Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Home Affairs)
I should first make it clear that I am not and never have been a member of the Faculty of Advocates—something of which I am immensely proud. I was only ever a humble solicitor.
Will not the role of the Advocate-General become increasingly important if Labour Ministers such as Malcolm Chisholm in Edinburgh put themselves at loggerheads with Home Office Ministers on issues such as the disgraceful practice of carrying out dawn raids on the families of asylum seekers whose applications have been refused? Surely that makes it more important that there should be some mechanism by which we can directly question the Advocate-General, rather than the second-hand examples that we have seen today.
Alistair Darling
The Secretary of State for Scotland, The Secretary of State for Transport
First, I do not think that I have ever met a humble solicitor. For the sake of completeness and accuracy, I should say that I was a solicitor for four years before joining the august body that is the Faculty of Advocates in Edinburgh.
Responsibility for asylum rests with the Home Office and the hon. Gentleman, as a Member of the House, has ample opportunity to question Home Office Ministers at Question Time every month. I do not think that the fact that the Advocate-General is not in this House is a particular issue. The hon. Gentleman will be aware that the Scottish Executive and the Home Office are in discussions. Everyone wants to ensure that where it is necessary to remove people from this country, it is done in as humane a way as possible. We equally recognise that there are many cases that prove to be difficult. The Home Office and the Scottish Executive are working closely together and will continue to do so.
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