HC Deb 12 November 1975 vol 899 cc1523-6
38 Mr. Robertson

asked the Lord Advocate when he next proposes to meet the Law Society to discuss the possible transfer of Scottish legal functions to the proposed Scottish Assembly.

39 Mr. Gourlay

asked the Lord Advocate what representations he has received regarding the transfer of legal functions to the proposed Scottish Assembly.

45. Mr. Lambie

asked the Lord Advocate what studies are being undertaken by his Department to facilitate the possible transfer of Scottish law functions to the proposed Scottish Assembly.

The Lord Advocate (Mr. Ronald King Murray)

I have no immediate plans to meet the Law Society of Scotland to discuss a possible transfer of Scottish legal functions to the proposed Scottish Assembly, and I have received no representations on this subject. My contacts with the Law Society are, of course, extremely close, and when the White Paper on Devolution is published the Government will listen very carefully to any representations which it—or others—wishes to make with regard to the proposals contained in it. Meanwhile, my officials have, of course, been involved along with those of other Departments in the preparation of the Government's devolution proposals, including a consideration of the issues arising in relation to Scottish law functions.

Mr. Robertson

Does not my right hon. and learned Friend consider that perhaps it would be as well if he were to take an early opportunity to dispel the rumours that he is less than lukewarm towards devolution?

The Lord Advocate

I think that my hon. Friend knows better than his question suggests that I have been a supporter of the principle of reasonable devolution for Scotland for 25 years, and I remain of that view.

Mr. Lambie

Will my right hon. and learned Friend give an assurance to the House that there will be no unholy alliance among the advocates and QCs in this House, such as himself and the hon. and learned Member for Kinross and West Perthshire (Mr. Fairbairn), so that when the legal powers are transferred to the Scottish Assembly their powers of patronage will not be continued under the new Assembly?

The Lord Advocate

Every issue properly before the public on a matter of this kind must be openly and fully discussed. I should have thought it almost a contradiction in terms to suggest that there could be an unholy alliance between QCs.

Mr. David Steel

Will the right hon. and learned Gentleman give an assurance that the transfer of legal functions to Scotland will not be used by the Government as an excuse for postponing much-needed law reform in Scotland on such subjects as divorce and licensing laws?

The Lord Advocate

I certainly give that assurance, and I am grateful for the opportunity to reaffirm what I have said previously from this Dispatch Box: that although it would be wrong for the Government and the House to impose priorities on the new Assembly, I regard nothing as standing in the way of the Government's going ahead with law reform as fast as is reasonably possible.

Mr. Gordon Wilson

In view of the general unpopularity of the House of Lords on the Government Benches at present, will not the right hon. and learned Gentleman consider giving his support as Lord Advocate for proposals for the removal of the appellate jurisdiction of the House of Lords in dealing with Scottish legal cases in view of the assimilation of the laws of Scotland which it has carried out for many years?

The Lord Advocate

That is a matter that deserves more than an off-the-cuff reply, and I do not think that it arises out of the matter that was put to me. If the hon, Gentleman wishes to raise it, no doubt he will table a Question.

Mr. Fairbairn

Will the Lord Advocate record the appreciation of this House of the fact that the Scots have provided the best lawyers in the House of Lords, that they have done more than anyone else to fashion the law of England as well as the law of Scotland, and that none has a more glorious name in that connection than the late Lord Reid?

The Lord Advocate

I certainly associate myself with the remarks of the hon. and learned Gentleman about the late Lord Reid. For the rest, the hon. and learned Gentleman has put the matter on record himself, and there is no need for me to add to it.

Mr. Rifkind

Does the right hon. and learned Gentleman accept that, notwithstanding devolution, there will continue to be a great degree of United Kingdom legislation that will also affect Scotland? Does he also, therefore, accept that, notwithstanding the Assembly, there will be a continuing need for a Scottish Law Officer in this House to advise the Government on the implications of Scottish legislation?

The Lord Advocate

The hon. Gentleman is indulging in some very intelligent speculation, but I think that he must hold his patience until publication of the White Paper later this month.