HC Deb 18 December 1968 vol 775 cc1391-2
Mrs. Ewing

On a point of order, Mr. Speaker. I beg to ask leave to move the Adjournment of the House, under Standing Order No. 9, for the purpose of discussing a specific and important matter which should have urgent consideration, namely, the impending breakdown of the criminal legal aid scheme in Scotland. Over 90 per cent. of criminal legal aid lawyers in Glasgow are to resign from the scheme on 2nd January, 1969, and the Glasgow Sheriff Court, which is the busiest in Britain and the second busiest in Europe, will be in chaos before Parliament resumes. Busy surrounding courts such as those in Hamilton, Airdrie and Paisley, and even further afield will be affected, though less directly and immediately, because over 100 Glasgow solicitors provide some of the services in those courts.

An Act of Adjournal is to come into force on 2nd January which, in the view of most of the legal profession in Scotland, will destroy the independence of the Scottish Bar by making the defence lawyer depend on the patrimony of the bench and by permitting breaches of confidentiality between lawyer and client. The Law Society of Scotland, the official body, has expressed itself as against the proposed alteration in the law under the Act of Adjournal. The lawyers of Glasgow feel that they cannot in conscience act within such an alteration, and other lawyers throughout Scotland have stated that they reserve their position.

Similar legislation has been laid before the House, yet this Act of Adjournal, affecting a vital social service and fiscal matter, is not to be so laid.

Only the strongest view in conscience could move the lawyers concerned to take this step on which they have determined, breaking the honourable and continuous tradition, dating from 1424, of defending all persons in custody in Scotland.

Mr. Speaker

The hon. Lady the Member for Hamilton (Mrs. Ewing) asks leave to move the Adjournment of the House for the purpose of discussing a specific and important matter which she thinks should have urgent consideration, namely, the impending breakdown of the criminal legal aid scheme in Scotland. As the House knows, under the revised Standing Order No. 9, Mr. Speaker is directed to take into account the several factors set out in the Standing Order, but to give no reason for his decision.

I am grateful to the hon. Lady for giving me advance notice of the matter which she wished to raise, and I have listened carefully to all she said. I have given careful consideration to the representation which the hon. Lady has made, but I have to rule that her submission does not fall within the provisions of the revised Standing Order, and I cannot, therefore, submit her application to the House.

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