HC Deb 26 March 1986 vol 94 c945
44. Mr. Lambie

asked the Secretary of State for Scotland what representations he has received regarding the application of the law regarding medical accidents.

The Solicitor-General for Scotland

My noble and learned Friend, the Lord Advocate, and I recently met the hon. Members for Kilmarnock and Loudoun (Mr. McKelvey) and for Carrick, Cumnock and Doon Valley (Mr. Foulkes), when they expressed their concern about the law, in Scotland, on the liability to make reparation for medical accidents and suggested a reference to the Scottish Law Commission.

Mr. Lambie

Is the hon. and learned Gentleman aware that my hon. Friends the Members for Carrick, Cumnock and Doon Valley (Mr. Foulkes) and for Kilmarnock and Loudoun (Mr. McKelvey) and I attended a public meeting in Kilmarnock attended by 200 people who were concerned about the law as it relates to the no-fault procedures for medical accidents? The meeting was the result of interest generated by a recent Ayrshire court case. Does the Solicitor-General intend to introduce amending legislation to change this unjust law?

The Solicitor-General for Scotland

I am aware of the circumstances of that public meeting. From what has been put to me, however, it would seem that it is not a matter that would be appropriate for my noble and learned Friend the Lord Advocate to refer to the Scottish Law Commission. I appreciate that at the meeting a strong case was put forward for a no-fault scheme. If such a scheme were to be considered, I am sure the hon. Gentleman will appreciate that it would be a matter for my right hon. and learned Friend the Secretary of State for Scotland rather than for myself.