§ 28. Miss Anne McIntosh (Vale of York)Pursuant to her oral statement of 15 January, Official Report, column 143, by what means she has sought to clarify the position on the laws on the misuse of drugs in England and Wales. [32360]
§ The Advocate-General for Scotland (Dr. Lynda Clark)In my reply to the hon. Lady last month, I was referring to the devolution issue case of Robert McIntosh, in which I appeared personally before the Privy Council last year. Brief it was not; it took a couple of days at least. The case concerned statutory assumptions as to the source of property, and the compatibility of those assumptions with human rights. The case was relevant to the law of England and Wales, because their legislation makes similar assumptions, which, at the same time, was subject to legal proceedings domestically—the Rezvi and Benjafield cases—and, in the European Court of Human Rights, the Phillips case. I am pleased to report that the Privy Council agreed that the Scottish legislation was compatible with human rights. That was a case in which I determined that it would be helpful to intervene.
§ Miss McIntoshAs far as I know, Robert McIntosh is no relation of mine. To what extent can the 64 Advocate-General assure the House that the Misuse of Drugs Act 1971 will continue to be interpreted in the way that it should be in England, Wales and Scotland? What discussions has she had with her opposite number who represents England and Wales in that regard? What added value does she believe that she brings to this process?
The Advocate-GeneralThe McIntosh case helped to clarify the law, particularly when the Privy Council overruled the decision of the Appeal Court in Scotland, which reached a different decision from that in the Benjafield case, for example. I am aware and concerned when similar cases to those in Scotland arise in England and Wales, and I shall take a great interest in Scottish cases to ensure that we reach a satisfactory end result.