HC Deb 02 March 1983 vol 38 cc241-4
44. Mr. David Marshall

asked the Solicitor-General for Scotland when he expects to receive the report of the Scottish Law Commission on diligence.

The Solicitor-General for Scotland

The Scottish Law Commission has received and considered a number of comments on its consultative memoranda 011 diligence and is preparing a report. Top priority is being, given by the commission to its work on diligence but it is not yet possible to say when the report will be published.

Mr. Marshall

Is not the length of time this report has taken to produce a scandal? Will the Solicitor-General for Scotland wring from the Scottish Law Commission a deadline for the production of the report, so that the House can get down to the serious business of promoting the necessary legislation to abolish the nauseating spectacle of warrant sales in Scotland?

The Solicitor-General for Scotland

The hon. Member may recall that the Lord Advocate made a speech recently in Glasgow giving his views on warrant sales. The law of diligence is not concerned only with warrant: sales. It is a complicated and difficult business.

Mr. Canavan

The hon. and learned Gentleman has been saying that for years.

The Solicitor-General for Scotland

The hon. Gentleman may wish to reflect upon the fact that at a late stage the Scottish Council for Civil Liberties submitted information and evidence to the Scottish Law Commission which showed that, contrary to all the views that lave been expressed, the arrangements made for warrant sales may not be as iniquitous as is sometimes suggested.

Mr. Maclennan

Is the Solicitor-General aware that the resources of the Scottish Law Commission compare exceedingly unfavourably with the resources that are available to the English Law Commission? The ambit of the Scottish Law Commission is no less than that of the English Law Commission. Will the Solicitor-General examine this as a matter of urgency and do something to increase the output of the Scottish Law Commission?

The Solicitor-General for Scotland

I accept that the Scottish Law Commission has a wide remit, but it is in no way hindered in its consideration of the law of diligence by a lack of resources. There may be other matters that it wishes to proceed with on which it is held back, but it is giving great priority to this matter. It is an extremely complex area of the law.

Mr. Millan

We have been told for about 10 years that great priority is being given to the problem of warrant sales—

Mr. Myles

That goes back to a Labour Government.

Mr. Millan

Yes, I agree that it goes back a long time, but we want action now. Many sensible proposals have been prepared and produced from several different sources, including the Scottish council of the Labour party. There is no further excuse for delay in this matter.

The Solicitor-General for Scotland

It would probably be simple enough to abolish warrant sales overnight. As the SCCL has pointed out, that may have a greater effect in getting credit for those who need it most. The point that the right hon. Gentleman should appreciate is that in ensuring the repayment of debt we wish to ensure that those who can pay are made to pay and those who cannot do not find themselves left in the impossible and embarrassing position of suffering warrant sales.

Mr. Maxton

On a point of order, Mr. Speaker. As you are aware, Scottish Question Time is extremely difficult because the Labour party is the majority party in Scotland and the Government are the minority party. That makes it extremely difficult for Back Benchers in that majority party to be called at Question Time—

Mr. Speaker

Order. That applies not only to Scotland but to Wales. It has applied for a long time, ever since I have been in the House. I can take no points of order about the way in which I call hon. Members to speak.