Results 21–40 of 437 for speaker:Baroness Clark of Calton

Oral Answers to Questions — Advocate-General for Scotland: Devolution (11 Jan 2005)

Dr Lynda Clark: Many of those cases—for example, the pre-trial delay cases—were copycat cases in which I had examined the legal issues in detail in relation to other cases. In one or two of those cases, I intervened and appeared in Privy Council to deal with the legal issues. Such matters depend on the type of issue and whether the issue has been raised before. I did not intervene on any of the...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (11 Jan 2005)

Dr Lynda Clark: The important matters that my hon. Friend raises relate to policy, not legal issues. Policy discussions would not normally be carried out by me but by the relevant policy Ministers, including my right hon. Friend the Secretary of State for Scotland. It may be of some assistance if I give an overview of legal regulatory matters as I see them at the moment. My hon. Friend will be aware that...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (11 Jan 2005)

Dr Lynda Clark: I am always happy to give any advice that is asked for by colleagues.

Written Answers — Advocate-General: Devolution (11 Jan 2005)

Dr Lynda Clark: I received intimation of six cases involving the seizure of assets of convicted drugs dealers in 2004. Three were civil actions for the recovery of proceeds of crime under the Proceeds of Crime Act 2002, and three were applications for confiscation orders in criminal proceedings, following conviction, under the Proceeds of Crime (Scotland) Act 1995.

Written Answers — Advocate-General: Devolution (11 Jan 2005)

Dr Lynda Clark: I would refer the hon. Lady to the answer I gave to questions numbers 16 to 19.

Written Answers — Advocate-General: IT Contracts (8 Dec 2004)

Dr Lynda Clark: There have been no IT contracts commissioned by the offices of the Advocate-General within the last five years. The offices' IT systems and support are provided through the Scottish Executive. There are no outsourced IT contracts.

Oral Answers to Questions — Advocate-General for Scotland: Devolution (30 Nov 2004)

Dr Lynda Clark: Since 26 October, there have been 118 devolution issues intimated to me. Twenty-three devolution issues related to criminal matters including pre-trial delay and self-incrimination. The remaining 95 devolution issues related to civil matters, almost all of which concerned prison conditions.

Oral Answers to Questions — Advocate-General for Scotland: Devolution (30 Nov 2004)

Dr Lynda Clark: The interest and the increase in devolution issues is not necessarily a good thing in the sense that these are allegations that various Ministers have acted contrary to the convention on human rights. I do not think that we necessarily want to have hundreds of devolution issues. Each issue, as I have tried to explain, has to be considered in its own context, against the background of the...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (30 Nov 2004)

Dr Lynda Clark: Obviously there have already been discussions with policy Ministers. There are a number of quite complex legal issues that will be addressed in future. I will no doubt have relevant discussions from time to time about these issues. My lawyers in the Office of the Solicitor to the Advocate-General will advise the Whitehall Departments about Scottish law and how best to draft the Bill to take...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (30 Nov 2004)

Dr Lynda Clark: Again, that is a matter that lawyers in the Office of the Solicitor to the Advocate-General would discuss. As for the policy view, I am afraid that I do not share the hon. Gentleman's concern, although I am anxious that Scots law provision is taken into account. I am sure that he will accept that as we have introduced the European convention on human rights in domestic law there are increased...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (30 Nov 2004)

Dr Lynda Clark: I do not think that the provisions will make any difference, but I understand that a statement will be made by the Minister of State, Ministry of Defence about those particular matters.

Written Answers — Advocate-General: Devolution (Prisons) (30 Nov 2004)

Dr Lynda Clark: I have received intimation of 175 devolution issues minutes which concern prisoner complaints regarding prison conditions.

Written Answers — Advocate-General: Scottish Human Rights Commission (10 Nov 2004)

Dr Lynda Clark: I have had no discussions with the Scottish Ministers regarding potential overlap with reserved matters in the establishment of a Scottish Human Rights Commission. My role is to give legal advice when appropriate. Policy discussions on reserved matters relating to the creation of a Scottish Human Rights Commission are for the Scottish Executive Ministers, the Department for Constitutional...

Written Answers — Advocate-General: Devolution (4 Nov 2004)

Dr Lynda Clark: Since 25 October, 23 devolution issues have been intimated to me. 19 of these issues were in the civil sphere and concerned personal injury actions in respect of prison conditions. The remaining four devolution issues related to criminal matters, including pre-trial delay, self-incrimination under section 172 of the Road Traffic Act 1988, the use of lay justices to determine criminal...

Written Answers — Advocate-General: Cullen Inquiry (1 Nov 2004)

Dr Lynda Clark: I played no role in the decision to place a 100-year closure on the Cullen Inquiry into the Dunblane tragedy and, accordingly, had no part in any decision regarding closure periods relating to that Inquiry. Given the above, I was not involved in any citation of a statutory basis for placing a 100-year closure on Cullen Inquiry papers. I understand, however, that there is no statutory basis...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (26 Oct 2004)

Dr Lynda Clark: Since 7 September, 58 devolution issues have been intimated to me, all of which raised human rights issues. Twenty-nine devolution issues related to criminal matters, including pre-trial delay, self-incrimination, the use of temporary judges and sentencing by a temporary sheriff in 1999. In the civil sphere, 29 issues were intimated to me, almost all of which concerned personal injury...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (26 Oct 2004)

Dr Lynda Clark: I know of the hon. Lady's interest in wind farms, but the planning authority would be surprised if I gave it legal advice. Such advice will come from its own local lawyers. The Scottish Executive have Law Officers, who advise them.

Oral Answers to Questions — Advocate-General for Scotland: Devolution (26 Oct 2004)

Dr Lynda Clark: One of my lawyers is actively involved in giving advice about that. I believe that that constitutes a promotion.

Oral Answers to Questions — Advocate-General for Scotland: Devolution (26 Oct 2004)

Dr Lynda Clark: An excellent chance. I am glad that the hon. Gentleman has raised the matter again because it is complex and my answer was short because of time limits. I am happy to speak or write to him about the matter. The hon. Gentleman raised the issue in the context of devolution. As he probably understands, if a litigant alleges, for example, that Government action was in breach of European law, and...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (26 Oct 2004)

Dr Lynda Clark: It all depends on the circumstances. As my right hon. Friend realises, I am not here just to give ad hoc advice about hypothetical issues.


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