Results 61–80 of 437 for speaker:Baroness Clark of Calton

Advocate-General for Scotland: Devolution (25 May 2004)

Dr Lynda Clark: My hon. Friend is correct in saying that those representing the Scottish Executive have appealed the Napier case. I can also confirm that a number of new cases have been intimated to me as devolution issues. So far, they are small in number and will be dealt with in the usual way. I have not intervened in any of the new cases to date. On the general issue, my hon. Friend rightly recognised...

Written Answers — Advocate-General: Devolution (25 May 2004)

Dr Lynda Clark: I refer the hon. Member to the answer I gave earlier today to the hon. Member for Vale of York (Miss McIntosh).

Oral Answers to Questions — Advocate-General for Scotland: Devolution Issues (27 Apr 2004)

Dr Lynda Clark: Since 16 March, there have been 55 devolution issues intimated to me. Forty-six of these related to criminal matters, including pre-trial delay and self-incrimination in the context of road traffic offences and the breach of sea fishing legislation. Nine devolution issues related to civil matters including two actions for damages in relation to prison conditions, judicial review by a patient...

Oral Answers to Questions — Advocate-General for Scotland: Devolution Issues (27 Apr 2004)

Dr Lynda Clark: That is one of the devolution issues to which I referred. It involves an action for damages in relation to prison conditions and it has been determined by a single judge. As the case is still within the reclaiming days for appeal, I do not think that it would be appropriate for me to comment on the legal implications.

Oral Answers to Questions — Advocate-General for Scotland: Devolution Issues (27 Apr 2004)

Dr Lynda Clark: As I suggested, it is not really for me to give free legal advice but, in the spirit of helpfulness, I point out that, unless there have been any recent changes, there appears to be a drafting error in clause 4(5) of the Bill, which purports to amend section 7(2) of the Scotland Act 1998. Section 7(2) deals with the calculation of regional figures for registered political parties in the...

Oral Answers to Questions — Advocate-General for Scotland: Devolution Issues (27 Apr 2004)

Dr Lynda Clark: Under the existing arrangements in the House of Lords, the convention has generally been to have Scottish judges sitting in appeals that originate in Scotland, but not all such appeals are concerned with Scots law; on occasion they concern only UK statute. Under those arrangements it would be a matter for one of the judges to determine who was to sit and what qualifications they should have....

Oral Answers to Questions — Advocate-General for Scotland: Devolution Issues (27 Apr 2004)

Dr Lynda Clark: As the hon. Lady knows, that is entirely a matter for the devolved Scottish Parliament. It initiated a review under Lord Bonomy, who proposed certain changes to the 110-day rule; for example, to ensure that people could not be set free because of problems in hearing cases which arise from circumstances that were not envisaged when the 110-day rule first came into operation. That is entirely a...

Written Answers — Advocate-General: International Human Rights (27 Apr 2004)

Dr Lynda Clark: As Advocate-General for Scotland my main involvement with human rights issues is in relation to those enshrined in the European Convention on Human Rights. My functions under the Scotland Act include considering whether Scottish Ministers and the Scottish Parliament are acting compatibly with the Convention. In my advisory capacity as Law Officer the long-standing convention in relation to...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (16 Mar 2004)

Dr Lynda Clark: Since 10 February, there have been 39 devolution issues intimated to me. Almost all related to criminal matters, including pre-trial delay, the system for setting the punishment part of life sentences, failure to communicate information required by sea fishing measures, and self-incrimination. In the civil sphere, minutes related to the refusal of scheduled monument consent and breach of...

Oral Answers to Questions — Advocate-General for Scotland: Devolution (16 Mar 2004)

Dr Lynda Clark: I have a copy of the Bill, and have even read it. I hate to disappoint the hon. Gentleman, but it is not really for me to advise him about the Bill. The Bill is interesting, but has one or two obvious problems.

Oral Answers to Questions — Advocate-General for Scotland: Devolution (16 Mar 2004)

Dr Lynda Clark: The hon. Lady is right to say that I am the senior Scottish Law Officer here, but I remind her that the convention means that it would not be appropriate for me to give any information about that.

Oral Answers to Questions — Advocate-General for Scotland: Devolution (16 Mar 2004)

Dr Lynda Clark: I am grateful to the hon. Lady for her good wishes and hope to be with her for a little longer. She knows that the 110-day rule is a matter of criminal procedure that falls within the remit of the Scottish Executive. It has been an admired feature of the Scottish system for many years and ensures that accused are tried within a reasonable time and not kept in prison. It has been changed in...

Written Answers — Advocate-General: Devolution (16 Mar 2004)

Dr Lynda Clark: I refer the hon. Member to the answer I gave earlier today to the hon. Member for Argyll and Bute (Mr. Reid).

Written Answers — Advocate-General: Human Rights (16 Mar 2004)

Dr Lynda Clark: Since 10 February I received intimation of, and scrutinised, 39 devolution issues, all of which concerned Convention rights. They related to matters such as pre-trial delay, the system for setting the punishment part of life sentences, failure to communicate information required by sea fishing measures and self-incrimination. In the civil sphere, the issues of refusal of scheduled monument...

Written Answers — Advocate-General: Departmental Costs (26 Feb 2004)

Dr Lynda Clark: The identifiable costs of the office are not limited to the work of the Advocate-General but include litigation and advisory work, including the preparation of Bills, carried out by lawyers from the Office of Solicitor to the Advocate-General on behalf of Government Departments. The figure for 2002–03, in respect of identifiable costs of staff and related administration for my office, was...

Written Answers — Advocate-General: Departmental Staff (12 Feb 2004)

Dr Lynda Clark: At present, there are two members of staff in the Private Office; four members of staff in the Legal Secretariat to the Advocate-General (of whom three are qualified Scots lawyers) and 29 in the Office of Solicitor to the Advocate-General (of whom 17 are qualified Scots lawyers). These figures represent full staffing levels.

Oral Answers to Questions — Advocate-General: International Law (10 Feb 2004)

Dr Lynda Clark: No devolution issues of that nature have been raised. In relation to non-devolution issues, I am sure that my hon. Friend will be well aware of the long-standing convention in relation to Law Officers' advice that has been adhered to by successive Governments. I remind him that the purpose of that convention is to enable the Government to get the legal advice that they need to perform their...

Oral Answers to Questions — Advocate-General: International Law (10 Feb 2004)

Dr Lynda Clark: I do not think that my hon. Friend fully understands my ministerial remit, but I shall certainly pass his comments on.

Oral Answers to Questions — Advocate-General: Devolution (10 Feb 2004)

Dr Lynda Clark: Since 13 January, 51 devolution issues have been intimated to me, all of which were in the criminal arena and concerned matters such as pre-trial delay, failure to communicate information required by sea fishing measures, and the use of sexual history evidence in trials. I am happy to elaborate on those matters if hon. Members wish.

Oral Answers to Questions — Advocate-General: Devolution (10 Feb 2004)

Dr Lynda Clark: Prosecutions and prosecution policy are entirely matters for the Lord Advocate. I am sure that he has considered that issue, and it is not for me to advise him.


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