HC Deb 11 June 1968 vol 766 cc162-3
The Secretary of State for Scotland (Mr. William Ross)

I beg to move Amendment No. 124, in page 17, line 16, at end insert: 'by a court in England or Wales'.

Mr. Speaker

With this Amendment I propose that we consider Amendment No. 125.

Mr. Ross

The purpose of these Amendments is to make separate provisions for Scotland, on one hand, and England and Wales, on the other, in relation to appeals against disqualification under an order made under Clause 23. The position at the moment is perfectly adequate for England and Wales because Section 83 of the Magistrates Courts Act, 1952, provides a statutory right of appeal, but that provision does not extend to Scotland.

Accordingly, the second of these Amendments provides an express right of appeal in relation to Scotland without prejudice to any other form of appeal under Scottish law.

Mr. Buck

There is a shortage of Scottish lawyers in the House which has been noticed on both sides from time to time. We are in the fortunate position of having some on our side of the House, and one has heard an explanation in precisely the terms which have just been put forward graciously from the other side. It is surprising that this was a matter which was omitted from the Bill in the first place. I feel that our Highland friends were somewhat lax in seeing that an important matter such as the suspension of sentence during a period of appeal was not tackled earlier. We are very glad that those north of the Border will now be in precisely the same position as those south of the Border.

Amendment agreed to.

Further Amendment made: No. 125, in page 17, line 22, at end insert: (2) The person on whose conviction a disqualification order was made under section 23 of this Act by a court in Scotland may, without prejudice to any other form of appeal under any rule of law, appeal against the order as against the conviction; and the disqualification order—

  1. (a) shall not take effect until the end of the period of fourteen days commencing with the date on which the order was made; and
  2. (b) if an appeal against the order or the said conviction is taken within the said period, shall not take effect until the date when that appeal is determined or abandoned or deemed to have been abandoned. —[Mr. Ross.]

Mr. Elystan Morgan

I beg to move Amendment No. 126, in page 17, line 23, leave out from 'make' to ' the' in line 24 and insert: 'an order under that section prohibiting'. This is a drafting Amendment which is consequential upon the Amendments made to Clause 24. It supersedes Amendment No. 22.

Amendment agreed to.

Further Amendment made: No. 23, in page 17, line 32, leave out 'disqualification or'.

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