HC Deb 14 November 2000 vol 356 cc791-2
26 Dr. Norman A. Godman (Greenock and Inverclyde)

Pursuant to her answer to the hon. Member for Greenock and Inverclyde of 25 July 2000, Official Report, column 888, how many cases, in which she has intervened, have been referred to the Judicial Committee of the Privy Council. [136346]

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

Five of the cases in which I have intervened have been referred to the Judicial Committee of the Privy Council.

Dr. Godman

Is not there likely to be a build-up in the number of cases referred to the Judicial Committee, largely as a result of the incorporation of the European convention on human rights into Scottish—and United Kingdom—law, and the establishment of a human rights commission for Scotland? Is the Judicial Committee the best means of resolving such cases, or should we reconsider setting up a constitutional court to deal with such matters?

The Advocate-General

That matter and others were fully discussed recently in our long debates on the Scotland Act 1998. I agree that in the foreseeable future there is likely to be an increase in the number of cases. Indeed, in view of the fact that a new jurisdiction is involved, that is inevitable. One reason for referring such cases to the Privy Council is to help to clarify some difficult issues—I hope that that will happen