SHERIFF OFFICERS (Hansard, 7 February 1979)

§ 30. Mr. Canavan
asked the Lord Advocate whether he will issue a code of conduct for sheriff officers.

§ The Lord Advocate (Mr. Ronald King Murray)
I have no responsibility for the conduct of sheriff officers. A sheriff officer is an officer of the court and is answerable to the sheriff principal who appoints him and from whom he holds his commission.

§ Mr. Canavan
In view of the grave public concern throughout Scotland about the recent case where three children were dragged from their beds at half-past four in the morning, and also the grave concern about the involvement, either directly or indirectly, of certain sheriff officers in private debt-collecting agencies, is it not about time that these people were told that that kind of activity is completely unacceptable and unethical and in danger of bringing the law into disrepute?

§ The Lord Advocate
I do not accept that my hon. Friend has stated the facts accurately. It was children who were being collected and not a debt. Having said that, I would say that this was an unfortunate and regrettable incident. I agree with my hon. Friend to that extent. However, the sheriff principal inquired fully into the matter and was satisfied that an error of judgment had been made and that it would not be repeated.

§ Mr. Buchan
I thank the Lord Advocate for that reply. That was a difficult case and one which, as he knows, I have been aware of for some years. The incident itself was not only regrettable but deplorable. I am glad of the assur- 390 ances that I have had from the Lord Advocate's office and the sheriff principal that this will not happen again. May I add a rider to that? If sheriff officers are used—[HON. MEMBERS: "Question."]

§ Mr. Speaker
Order. The House is quite right. The hon. Gentleman should ask a question.

§ Mr. Buchan
I am sorry, Mr. Speaker. I should have said "In addition to my question". In cases such as this, involving deep social work matters, it would be valuable to have the presence of social workers at any such incident.

§ The Lord Advocate
I agree with my hon. Friend that the incident was deplorable. However, I think that the matter has been adequately dealt with by the sheriff principal, whose concern it is. I note the second point put to me by my hon. Friend.

§ Mr. Dempsey
Is my right hon. and learned Friend in a position to instruct sheriff principals to give some guidelines to sheriff officers in carrying out their duties? For example, should they not be instructed to stop selling household effects on warrant sales at bargain basement prices which bear no relation whatsoever to the value of the person's property, and thereby stop adding to that person's misfortunes?

§ The Lord Advocate
I am very much aware of the point that my hon. Friend has put to me, but that is not the matter which this question raises. A code of conduct related to an incident involving children is what I have been asked about. Perhaps I could put the matter more generally. It would be constitutionally quite improper for me, as a member of the Executive, to give instructions on such a matter to the sheriff principals. That would be a most extreme constitutional anomaly. If it were desired that the Executive should play some part in this, the constitutionally correct procedure would be for legislation to be introduced to that effect.