§ 44. Mr. J. HOGGEasked the Secretary for Scotland whether his attention has 1266 been called to the fact that the sheriffs of Dundee and Greenock allow Sunday opening under the Burgh Police Act, 1911, while the sheriffs of Leith and Aberdeen disallow it; whether he is aware that the sheriff for Helensburgh refuses entire Sunday closing and the sheriff for Gourock grants it; whether he is aware that there is no appeal against such decisions to the Court of Session, and that many of the decisions are contrary to the expressed wishes of the local councils; and whether he is prepared to bring in amending legislation to alter such anomalies?
Mr. McKINNON WOODThe statements in my hon. Friend's question are not quite accurate. By-laws enacting complete Sunday closing in Dundee, Greenock, and Gourock, were confirmed, while confirmation was refused in the case of the Helensburgh by-laws. As regards Leith and Aberdeen by-laws, I have no information as to proceedings before the sheriffs and no by-laws from these towns have been submitted to me for confirmation. I am aware that there is no appeal to the Court of Session against the decision of a sheriff confirming or refusing to confirm by-laws. As regards the latter part of the question, I would refer my hon. Friend to my reply to his question on this subject on 16th July.
§ Mr. HOGGEWhat does the Secretary for Scotland propose to do to meet the wishes of the local authorities, who so frequently have their wishes vetoed by the sheriffs?
Mr. McKINNON WOODI can do nothing without legislation, and certainly no legislation can be proposed at the present moment. The Act lays down the principle that the sheriffs should consider the circumstances and review the proposed by-laws.