§ 27. Miss Anne McIntosh (Vale of York)What recent devolutionary issues she has considered. [81431]
The Advocate-GeneralI consider all devolution issues intimated to me. Of those intimated recently, all have concerned the criminal sphere, with the majority relating to the right to a fair trial.
§ Miss McIntoshMay I seek the Advocate-General's advice on one devolution issue? If a Scottish airport seeks expansion, who will have the final decision—the Secretary of State for Scotland, the Scottish Executive or the Secretary of State for Transport in England?
The Advocate-GeneralNo such devolution issue has been intimated to me. [Interruption.] I am afraid not. There is a procedure under the Scotland Act 1998. Such devolution issues are not raised in Parliament. On the general point, each matter has to be considered within its context. It would be necessary to consider the particular proposals, both the relevant reservations 152 under the Scotland Act and the particular devolution aspects. That is why, for example, I have to consider legislative proposals within the context of the Scotland Act. We cannot answer such questions in broad terms; they have to be considered in the specific context.
§ 28. Annabelle Ewing (Perth)What devolution issues have been raised since 23 October under the Scotland Act 1998. [81432]
§ 29. Mr. Alistair Carmichael (Orkney and Shetland)What devolution issues she has considered since 22 October. [81433]
The Advocate-GeneralSince 22 October, 26 devolution issue cases have been intimated to me, all relating to the criminal law. A substantial number concerned undue delay in criminal proceedings, while the rest related variously to the right not to self-incriminate, to whether shameless indecency at common law is a sufficiently defined offence for the purposes of the convention, to reversal of burdens of proof and to the determination of the punishment part of life sentences.
§ Annabelle EwingI thank the Advocate-General for her answer. She will be aware that she has intervened in 24 devolution cases out of a total of 1,575 since the inception of her office. That is about 1 per cent. of cases. Will she clarify whether there is a formal ceiling that limits the number of times she can intervene in devolution cases?
The Advocate-GeneralThere is no formal ceiling. Many devolution cases are intimated to me at the first level, in the lower courts, and I never have to deal with them again because they are resolved. Many of them, approximately 700, have dealt with questions of delay, and because they raised a number of difficult legal points, I took steps to tackle them in a recent test case in the Privy Council. It would be ludicrous to intervene in 700 cases, so I try to identify cases in which the law may, for various reasons, need clarification, or in which there are pressing reasons, for the UK, for me to intervene. It may be considered to be a mark of the success of the devolution settlement that I have had to intervene in so few cases.
§ Mr. CarmichaelDoes the Advocate-General consider it appropriate in 2002 that the commissioners of the Northern Lighthouse Board should still be drawn from the Lord Advocate, the Solicitor-General and sheriff principals? Will she consider the human rights aspects of the matter and give the appropriate advice for reform to the Department for Transport?
The Advocate-GeneralOn the face of it I am not sure that there are any human rights issues, but I am happy to listen to any that are brought to my attention. This is a devolved matter, and I am sure that the Lord Advocate—[Interruption.] Well, I shall look into the matter and write to the hon. Gentleman.