COURTS (Hansard, 23 May 1979)

§ 34. Mr. Canavan
asked the Solicitor-General for Scotland whether he is satisfied with the operation of the Scottish courts.

§ The Solicitor-General for Scotland (Mr. Nicholas Fairbairn)
The industrial action by clerks of court has greatly disrupted the operation of the Scottish courts and 1044 caused worry and inconvenience to innocent members of the public. It will be a considerable time before business in the courts returns to normal. Until then, I cannot say that I am satisfied with their operation.

§ Mr. Canavan
I congratulate the hon and learned Gentleman on his new job He might even have been Lord Advocate if he had been a bit more moderate and law-abiding, like myself.
In the interests of better industrial relations in the courts, will the Solicitor. General please refrain from bashing the trade unions for simply trying to get a fairer deal for low-paid court workers, especially when the hon. and learned Gentleman recalls the fat fees which he and many of his rich advocate friends receive for their court appearances through membership of that well-known closed shop, the legal profession?

§ The Solicitor-General for Scotland
The hon. Gentleman demonstrates his utter confusion and ignorance, as usual. He is much more liable to be a model for prosecution than any I would imitate in any other way.

§ Mr. Canavan
Withdraw!

§ The Solicitor-General for Scotland
The courts in Scotland, as elsewhere, depend upon the great good will and trust of those who work in them. I trust there will never again be a strike, because those who work in the courts have grave duties to those whom they serve as well as duties to themselves and their families.

§ Mr. Dewar
The Solicitor-General has raised the matter of industrial relations in the courts. Does he still adhere to the views that he expressed as a Back Bencher, on 20 March, on Second Reading of the Administration of Justice (Emergency Provisions) (Scotland) Bill, when he compared the sheriffs clerk to highway robbers and referred to them as a mob who torture, wound and destroy their fellow citizens? If the hon. and learned Gentleman still holds to those views, does he think that they are a great contribution to better industrial relations in the courts? If he is worried about a future strike, does he intend to introduce legislation to outlaw strikes in the courts by the staff of the sheriffs clerk, as he very eloquently and vehemently argued in that debate?

§ The Solicitor-General for Scotland
The hon. Gentleman is obviously able to read some of Hansard. If he is going to quote it, he should do so accurately. Let us be absolutely clear about this. Everybody in society has a duty to his neighbour. It is an important duty which cannot be abdicated because one is a member of a trade union.

§ 36. Mr. Gordon Wilson
asked the Solicitor-General for Scotland what delays in summary and solemn prosecutions are envisaged as a result of the recent industrial dispute affecting the courts.

§ The Solicitor-General for Scotland
I hope that the High Court will have disposed of its backlog of work by the middle of July. Delays of no more than about three months over and above the norm will, therefore, have occurred. In solemn work in the sheriff courts it will be much longer before the workload is reduced to normal and delays of four or even five months might be expected in the busiest courts. The position is similar in sheriff summary courts where at worst there may be delays of up to six months and at best no delays at all. The district courts will continue to operate normally, as they have done throughout the strike.

§ Mr. Wilson
In view of the horrendous delay which the Solicitor-General for Scotland has just mentioned, is it his intention to introduce special temporary sheriffs and additional courts to try to catch up on the backlog? Does he propose to defer the provisions which would have been in the Criminal Justice (Scotland) Bill to limit prosecution on indictment after the expiry of one year after the offence has become known?

§ The Solicitor-General for Scotland
On the last matter, we shall have to await the new Criminal Justice Bill. The provision of court services is a matter for my right hon. Friend the Secretary of State for Scotland. There will be certain additional courts, but it is difficult to obtain extra sheriffs, fiscals, staff and clerks. Everything will be done to reduce the backlog quickly without prejudicing those who are presently awaiting trial.

§ Mr. Buchan
Will the hon. and learned Gentleman recognise that hardship exists mainly where family problems are involved, 1046 such as divorce actions? Surely it should be possible to have some fast method of clearing undefended divorce cases? For example, could not the sheriff do a bit of overtime?

§ The Solicitor-General for Scotland
I am sure that a large number of people who are involved in the law are willing to work as hard as they can to resolve this situation, but we began, after all, with 10 weeks' unopened mail. That greatly affects the consistorial cases of which the hon. Member speaks. In the area of which the hon. Gentleman speaks, great hardship has been caused, and those who are responsible would wish, I am sure, to undo the harm and hardship they have already caused.