§ Not amended (in the Standing Committee), considered. Order for Third Reading read.
5.16 pm§ The Minister of State, Scottish Office (Lord James Douglas-Hamilton)I beg to move, That the Bill be now read the Third time.
The Bill will reform what the Scottish Law Commission has identified as three bad rules in contract law. Consultations by the commission established that there was strong and widely held support for reform and that the rules should be abolished as soon as a legislative opportunity arose.
The draft proposals for legislation were published by the Secretary of State in September and have been generally welcomed. They have the support of the Law Society of Scotland and the Confederation of British Industry (Scotland) among others. I was grateful to hon. Members of all parties for their strong support for the Bill on Second Reading and in Committee.
The three rules to be reformed have been responsible for instances of obvious injustice in the past. There is no justification for their continued existence and widespread approval for their abolition. The Bill will reform the law in three important respects and will be of benefit to both the legal profession and the general public. I commend it to the House.
§ Mr. John McFall (Dumbarton)I thank the Minister for his comments, which are welcomed by the official Opposition. As he said, the three bad rules in contract law were an impediment to the law in Scotland. It is commendable that the Scottish Law Commission report has sent us on our way to making better contract legislation. I commend the Minister on the way in which the Bill was introduced. The draft Bill was produced in September and sent to interested parties for their comments. That is the proper way to do it, and if other legislation were treated in the same way, we might get better laws.
The Bill will make the Scottish legal system more cogent. The Minister mentioned the Law Society of Scotland, which has been closely involved in the Bill. The Law Society's secretary, Michael Clancy, has commented to me that the society is happy with the Bill, especially the provisions on
the admissibility of extrinsic evidence to prove an additional term of a contract or unilateral voluntary obligation; the supersession of a contract by a deed executed in implement of it; and the obtaining of damages for breach of contract of sale.The principle of the Bill is sound, its passage has been commendable, and it will improve Scots law on contract.
§ Question put and agreed to.
§ Bill accordingly read the Third time, and passed.