§ 42. Mr. William Hamiltonasked the Lord Advocate if he is yet in a position to make a statement on the progress made in dealing with small claims legislation.
§ The Lord AdvocateThe new summary cause procedure based on recommendations of the Grant Committee on the sheriff court was introduced in September 1976 to replace the old small debt procedure. After the new procedure had been in operation for about a year, the Sheriff Court Rules Council asked for comments on the working of the new procedure. Comments have been re- 442 ceived and will be considered. Furthermore, I am currently considering the possibility of setting up a voluntary experimental procedure for small claims in one sheriff court.
§ Mr. HamiltonWe all welcome the statement that my right hon. and learned Friend has just made, but does it not excite the suspicion that this experiment is simply a belated attempt by the Scottish Office to follow the example set in England in setting up a much superior small claims system?
§ The Lord AdvocateI can absolve the Scottish Office, because it is my ministerial responsibility, but there are some limitations on the new English system which need not restrict a Scottish scheme, nor is there any good reason to consider the position in England alone.
I have been looking at other systems in the United States of America, Australia and some Continental countries. The new experimental scheme for Scotland that I have in mind would be based on this wider perspective. This is a subject that has great international interest and I hope to say something about it at the forthcoming Council of Europe conference in Copenhagen, which my hon. Friend may know about.