Scotland Bill (Supreme Court)

Part of the debate – in the Scottish Parliament at on 30 June 2011.

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Photo of James Dornan James Dornan Scottish National Party

No, sit down.

By now, members will have had the chance to familiarise themselves with the findings of Lord McCluskey’s interim report. He rightly points out that the High Court of Justiciary—the highest court of appeal in Scotland—should be seen as equal and not subordinate to its counterpart south of the border. Yet, since 1999, the Supreme Court has overturned the decision in a Scottish criminal appeal in nine cases and upheld the Scottish decision in six cases. It is important to stress that Strasbourg cannot quash convictions so, although the two courts have similar remits, they are not the same.

How can it be right that a court where the majority of judges are not experts in Scots law should have the power to overturn a decision that is made by seven eminent judges who are experts in Scots law?