HC Deb 18 April 2000 vol 348 cc816-7
26. Dr. Norman A. Godman (Greenock and Inverclyde)

What recent requests she has received for her advice on devolved and reserved matters in relation to the European convention on human rights and European Union directives and regulations. [118151]

The Advocate-General for Scotland (Dr. Lynda Clark)

Both these issues raise a number of interesting and difficult problems that have been brought to my attention and about which I have given advice.

Dr. Godman

There is a great deal of confusion about convention obligations and European Union law. Has my hon. and learned Friend any plans to provide guidance to Members, Members of the Scottish Parliament, peers and journalists on the extension of the convention, its application to Scots law and the differences between convention obligations and obligations under EU law?

The Advocate-General

I am always delighted to assist any Member from any party who wishes to discuss such matters with me. It is my job to advise the Government, and it would not really be appropriate for me to send out advise to other parties.

Sir Patrick Cormack (South Staffordshire)

The hon. and learned Lady seems to operate in an extremely mysterious way. It is the one characteristic that she shares with the Almighty. She has been especially coy with the House this afternoon, but as she has extended an invitation and as I am not a lawyer, may I see her and will she tell me what she really does do?

The Advocate-General

I would be delighted to give the hon. Gentleman a private appointment at any time to discuss these matters.

Mr. Menzies Campbell (North-East Fife)

Will the hon. and learned Lady tell the House whether she has considered the provisions of European Union law in regard to its effect on contract for roll on/roll off ferries on the Clyde? In particular, does she understand the distinction between the terms of an advertisement and the terms of a contract when it is ultimately placed? Has she considered whether it is possible to create a contract that will allow the ferries to be built in the United Kingdom, that will meet the UK's military aspirations and at the same time will not be contradictory of our commitments under EU law?

The Advocate-General

The right hon. and learned Gentleman is well aware that as a Law Officer I would not normally, and certainly not in this case, advise him of what advice I have given. I can say that I am aware in general terms of the types of distinction to which he refers.