Results 1–20 of 93 for speaker:Lord Boyd of Duncansby

Scotland Bill: Report (1st Day) (26 Mar 2012)

Lord Boyd of Duncansby: My Lords, before I address the amendments that the noble and learned Lord has spoken to, I should place on record the fact that the handling of this Bill has been nothing short of scandalous. To start three hours late, almost on the dinner hour, is quite unforgiveable. Yet again, those of us who are participating in this Bill are under pressure to sit longer and at unusual times to...

Scotland Bill — Committee (5th Day) (21 Mar 2012)

Lord Boyd of Duncansby: My Lords, my noble friend has suggested that as I have sat here all night, I should at least say something. It seems to me that the amendment puts the issue of competence beyond doubt. However, I am not wholly convinced that this is necessary because it seems to me that once you confer competence, the legislative provision that flows from it will always flow from it even if you subsequently...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: I can quite understand the noble and learned Lord's wish to progress matters. I am not entirely clear where to start. The amendment before this House is that: "Before commencing discussions with representatives of foreign governments or inter-governmental organisations, Scottish Ministers are required to obtain consent to the discussions from a Minister of the Crown". It seems that we have...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: Perhaps I could first respond to the noble Lord's intervention. I have to say with the greatest respect that I do not accept the proposition he is putting. In the first place, the number of cross-border journeys that are taken in relation to the entire number of journeys made in the UK is minuscule. Typically, people are caught drink driving over very short distances because they are driving...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: I will in a moment. The answer is that you should know what the limit is before you set out on your journey, and that should be the case for everyone.

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: The Highway Code is quite explicit: you should be aware of the amount you have drunk the night before. I had people around for a meal recently. They were not driving, but when I offered them another drink, they said that they could not take it because they would be driving the following morning. That is sufficient for me. With respect, I get the impression that people are more and more aware...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: The noble and learned Lord threw me that one and I will just take it up. It is true that there are a whole range of United Kingdom statutes that nevertheless require different evidential standards on both sides of the border. There is the Misuse of Drugs Act, for example, where corroboration would be required in relation to those offences that were prosecuted in Scotland but not-I think I am...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: I am not familiar enough with the borders to say to what extent roads come in and out of Scotland and England. The picture the noble Lord seems to be painting is that every 100 yards it meanders over the border. Of course, I am aware that a river forms at least part of the border. I actually thought that there were more significant difficulties with Northern Ireland and the Republic. I...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: I am obliged to the noble Lord for that information. A number of issues are raised by these amendments as a whole. The first is one of road safety. That has already been raised in the amendment in the name of the noble Duke, the Duke of Montrose, and the noble Viscount, Lord Younger. It was also raised in the amendments that we have put down. There are two particular issues here. One relates...

Scotland Bill: Committee (3rd Day) (28 Feb 2012)

Lord Boyd of Duncansby: My Lords, three amendments in this group-Amendment 47A, 47B and 50A-are in my name and those of my noble friends. I do not intend to speak to, or in due course move, Amendment 47B. Before I get to the meat of the amendments, perhaps I could make a general point about the Bill and the proposals from the Calman commission. The noble Lord, Lord Forsyth of Drumlean, said-I hope that I do not...

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: My Lords, there is an important point in what my noble friend says. The Calman commission recommendation was that: "The responsibility for the appointment of the Scottish member of the BBC Trust should be exercised by Scottish Ministers, subject to the normal public appointments process". There is no suggestion there that it would be by anyone other than the Scottish Ministers. Perhaps in...

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: My Lords, I have very little else to add to what has been a useful debate. However, I hope that next time we come to this we are able to group the amendments in such a way that we can have a more structured debate, because it has not been particularly easy to follow. The noble and learned Lord has been up and down on his feet-I do not blame him for that in any way, but the way that this has...

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: I referred a case about the independence of justices of the peace, for the very reason to which the noble and learned Lord, Lord McCluskey, referred-because of the importance in getting clarity at an early stage so that the system as a whole did not seize up.

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: I am grateful to the noble and learned Lord for that. On the broad issue of references to the High Court and Supreme Court by the Lord Advocate and Advocate-General for Scotland, I will reserve my position and consider the matter in more detail. When I was Lord Advocate, I always thought that the opportunity for doing was important. I believe that I did it once. I also take the point made by...

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: My Lords, may I ask a question? They are on the Marshalled List in this group; that is the point. We are all here ready to debate these issues. It would be very unfortunate if we now moved on to other business and came back to this issue; these all form part of a group.

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: I must say that I am somewhat confused as to where we are on all this and whether, for example, I have now to address the issue of certification. I am not entirely clear whether the noble and learned Lord, Lord McCluskey, has yet to address that issue. However, first, as the noble and learned Lord observed, I was a member of the Advocate-General's expert group looking at the issue of the...

Scotland Bill: Committee (2nd Day) (Continued) (2 Feb 2012)

Lord Boyd of Duncansby: My Lords, I am grateful to my noble friend for tabling the amendment, which was debated in the other place. It seeks to rectify what appears to be an omission from the Scotland Act 1998 and subsequently the Railways Act 2005, which devolved significant powers over the ScotRail franchise, including its funding and licensing as well as responsibility for new rail lines for the network, yet...

Scotland Bill: Committee (2nd Day) (2 Feb 2012)

Lord Boyd of Duncansby: My Lords, we support the inclusion of the clause, which seems sensible. Antarctica is obviously an important international resource. It is regulated by a treaty which, as we have heard, is now up for renewal, and it is clearly important that environmental protections are put in place to preserve Antarctica as a pristine part of the planet. Perhaps I should declare an interest as having acted...

Scotland Bill: Committee (2nd Day) (2 Feb 2012)

Lord Boyd of Duncansby: The question that I was going to pose was why we did not extend the ban on smoking in public places to Antarctica. Clearly, that was an oversight on our part. We could also have extended the scheme for insulation of older persons' homes, which was one of the then Scottish Executive's schemes. Of course, we are now spared the question as to whether the referendum on independence should also...

Scotland Bill: Committee (2nd Day) (2 Feb 2012)

Lord Boyd of Duncansby: My Lords, we welcome the clarification that this amendment gives to this clause. It was never the Calman commission's intention that the regulation of residential care workers should be reserved as opposed to health professionals. Perhaps I may add to the background. The Calman commission received evidence from the royal colleges, which are concerned at the possible fragmentation of standards...


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