§ 26. Annabelle Ewing (Perth)What devolution issues have been raised since 12 February under the Scotland Act 1998. [41539]
§ 27. Mr. Tam Dalyell (Linlithgow)What devolution issues have been raised in the last month under the Scotland Act 1998. [41540]
§ 29. Miss Anne McIntosh (Vale of York)What devolution issues have been raised since 12 February under the Scotland Act 1998. [41542]
§ The Advocate-General for Scotland (Dr. Lynda Clark)Since 12 February, 36 devolution issue cases have been intimated to me, and 17 of those concerned questions of delay in criminal proceedings in relation to article 6.1 of the European convention on human rights. Last week, I argued a case in the High Court of Justiciary over four days, which may help to resolve some of the difficulties in devolution cases based on delay.
§ Annabelle EwingI draw the Advocate-General's attention to another important devolution issue that was raised in the House a couple of weeks ago and in the Scottish Parliament last week, and that concerns the important issue of planning consent for new nuclear power stations in Scotland. Will she take this opportunity to clarify the matter once and for all and to agree with her colleague in the Scottish Parliament, the Deputy Minister for Enterprise, Lifelong Learning and Transport, who, on 14 March in the Scottish Parliament, said that the final decision lay with the Scottish Parliament and that there 157 could be no question of Westminster reclaiming jurisdiction on the matter without the consent of the Scottish Parliament?
The Advocate-GeneralI do not think that the hon. Lady fully understands my role, despite my best efforts. My role is to consider devolution issues when they are intimated to me and, in due course, if a devolution issue is intimated to me on that matter I shall certainly consider it, but I am not here to give answers to hypothetical questions in relation to legislation that does not yet exist.
§ Mr. DalyellWhat advice does the Advocate-General have as to the proper authority to address the concerns of my former constituent, ex-Woman Police Constable Mary Boylan, about the alleged suppression of police evidence in relation to Lockerbie?
The Advocate-GeneralI am certainly aware of my hon. Friend's long interest in these matters and I am sure that he will make his usual strenuous efforts on behalf of his former constituent but, as he knows, these matters are devolved. The matter is for the Scottish Executive under the Scotland Act 1998 and he should direct all inquiries to them.
§ Miss McIntoshWith regard to the vexed issue of who will have the final say on planning future nuclear power stations, the Advocate-General will understand that the particular problem is who will have the last word. Is it an energy problem, and will it be the Department in London, or is it a planning problem, and will it be the Scottish Minister?
The Advocate-GeneralThe hon. Lady must understand that that depends entirely on how the legislation is framed and the form in which it comes. The legislation can be framed in a variety of ways, and if and when it is passed by the Scottish Parliament—or if it comes to me in my role as Advocate-General—I shall deal with it.