HC Deb 29 June 1988 vol 136 c346
2. Mr. Menzies Campbell

To ask the Secretary of State for Scotland if he will state the number of cases on appeal dealt with by the Inner House of the Court of Session in the last five years for which information is available.

Lord James Douglas-Hamilton

The information is as follows:

Number
1983 164
1984 159
1985 137
1986 130
1987 104
Mr. Campbell

Does the Minister accept that, due to the increase in the number of cases in the High Court of Justiciary, Scottish judges are less able to spend time dealing with civil business? Is this not the time for a radical review of the Court of Session procedures, to ensure that civil business is more speedily conducted? In the end, delay is against the interests of justice.

Lord James Douglas-Hamilton

I entirely agree with the hon. and learned Member's comment that delay is contrary to the interests of justice. I confirm that during 1987–88 the number of bench days devoted to criminal business exceeded for the first time those devoted to civil business in the supreme courts. Delays are being reduced, and have fallen from about 10 to eight months, which is an improvement. The 1986 report of the review body on the use of judicial time made recommendations, many of which have been implemented. From April 1987, parties must now appear and give notice that the case will proceed and an up-to-date estimate of how long it will take. That permits more effective planning of court time.

Mr. Foulkes

When a judge instructs a regional council to keep a school open, who is responsible for making the extra money available to keep the school open without the regional council incurring a penalty?

Lord James Douglas-Hamilton

I can tell the hon. Gentleman that that cannot possibly cause further delays in court time.