Dr Lynda Clark: I do not know whether the hon. Lady has ever appeared in such a court as the House of Lords—the Judicial Committee of the Privy Council—or whether she understands the amount of preparation involved in such cases. Law Officers do not always appear personally. Since my appointment, I have made a point of doing this work in court. My last appearance was in the Appeal Court in Scotland a few...
Dr Lynda Clark: The Land Reform (Scotland) Bill completed stage 1 in the Scottish Parliament on 20 March. This means that the general principles of the Bill were approved. I examine all Bills of the Scottish Parliament as they progress and when a Bill is passed I decide whether to refer it to the Judicial Committee of the Privy Council. My consideration of this Bill will cover a variety of matters,...
Dr Lynda Clark: My powers under the Scotland Act allow me to refer a Bill, or a provision of it, to the Judicial Committee of the Privy Council for a decision as to the Bill's competence. Since June 2001 I have assessed 19 Bills passed by the Scottish Parliament. Those Bills have included important legislation concerning community care and health; housing; the International Criminal Court and the water...
Dr Lynda Clark: I refer the hon. Member to the answer given today by my right hon. Friend the Secretary of State for Scotland.
Dr Lynda Clark: I refer the hon. Member to the answer given today by my right hon. Friend the Secretary of State for Scotland.
Dr Lynda Clark: I have not been formally consulted by the Scottish Executive because that is not my role. As Law Officer I give legal advice to the Government. The Scottish Executive receives legal advice from its Law Officers—the Lord Advocate and the Solicitor General for Scotland.
Dr Lynda Clark: The Government will publish their response to the Leggatt Report later in the year. There is ongoing work on this matter which will be subject to collective ministerial decision. As regards the implications for UK tribunals operating in Scotland, the Lord Chancellor's Department have been considering this together with the Scotland Office and the Scottish Executive and the results of this...
Dr Lynda Clark: I refer the hon. Member to the answer given today by my right hon. Friend the Secretary of State for Scotland.
Dr Lynda Clark: I refer the hon. Member to the answer given today by my right hon. Friend the Secretary of State for Scotland.
Dr Lynda Clark: I refer the hon. Member to the answer given today by my right hon. Friend the Secretary of State for Scotland.
Dr Lynda Clark: My office, like the rest of the Scotland Office, has been in existence for less than three years and, in developing suitable working systems, officials have sought to ensure that the work is done in a way which makes the most efficient use of staff and other resources.
Dr Lynda Clark: Estimated outturn figures for 2001–02 will be published in the Budget report on 17 April.
Dr Lynda Clark: My Department does not have public service agreement targets.
Dr Lynda Clark: I refer the hon. Member to the answer given today by my right hon. Friend the Secretary of State for Scotland.
Dr Lynda Clark: I have regular discussions with ministerial colleagues concerning a variety of issues. As I have explained to the House on several occasions it is a long-standing convention, adhered to by successive Governments, that neither the fact nor content of opinions or advice given by the Law Officers is disclosed outside Government (even in Parliament).
Dr Lynda Clark: Since 12 February, 36 devolution issue cases have been intimated to me, and 17 of those concerned questions of delay in criminal proceedings in relation to article 6.1 of the European convention on human rights. Last week, I argued a case in the High Court of Justiciary over four days, which may help to resolve some of the difficulties in devolution cases based on delay.
Dr Lynda Clark: I do not think that the hon. Lady fully understands my role, despite my best efforts. My role is to consider devolution issues when they are intimated to me and, in due course, if a devolution issue is intimated to me on that matter I shall certainly consider it, but I am not here to give answers to hypothetical questions in relation to legislation that does not yet exist.
Dr Lynda Clark: I am certainly aware of my hon. Friend's long interest in these matters and I am sure that he will make his usual strenuous efforts on behalf of his former constituent but, as he knows, these matters are devolved. The matter is for the Scottish Executive under the Scotland Act 1998 and he should direct all inquiries to them.
Dr Lynda Clark: The hon. Lady must understand that that depends entirely on how the legislation is framed and the form in which it comes. The legislation can be framed in a variety of ways, and if and when it is passed by the Scottish Parliament—or if it comes to me in my role as Advocate-General—I shall deal with it.
Dr Lynda Clark: There has been provision in legislation since 1857 to the effect that proceedings in the Court of Session raised by the Inland Revenue shall be in the name of the appropriate Law Officer. Following devolution, the Advocate-General became the appropriate Law Officer. The Advocate-General has no responsibility for raising or conducting proceedings. That responsibility, along with all policy...