§ 14. Mr. Alistair Carmichael (Orkney and Shetland)What devolution issues have been raised since 8 April. [113337]
§ 15. Ann McKechin (Glasgow, Maryhill)What devolution issues she has dealt with since 8 April. [113338]
§ The Advocate-General for Scotland (Dr. Lynda Clark)Since 8 April, 39 devolution issues have been intimated to me. They concerned a range of matters including delay in criminal proceedings, solitary confinement under the prison rules, offences that involve the narration of previous convictions, the requirement on the defence to lodge notice of intention to lead sexual history evidence in trials, and the use of evidence from now-deceased witnesses.
§ Mr. CarmichaelThe Advocate-General will be aware that in my constituency there is a great deal of interest locally in the position of udal law, particularly as it relates to ownership and control of the seabed. That has led to the establishment of a website, www.udallaw.com. Has the hon. and learned Lady considered the position of udal law in relation to the seabed, and if not, will she do so, and offer appropriate advice to her Government colleagues?
The Advocate-GeneralI remember being taught about udal law at university, as I am sure the hon. Gentleman was. No doubt it has come in extremely useful to his constituents. He raises an important matter. Udal law has an important history in the Orkney and Shetland isles, and I am sure that the hon. Gentleman, with his legal background and training in a Scottish university, will be of great use to his constituents in that regard. With respect to the specific reservation in the Scotland Act, udal law is not reserved. I do not know whether I am pleased about that or not. In general, land law is devolved to the Scottish Parliament. I enter the usual caveat: it all depends on the 833 specific circumstances of the problem raised. Obviously, individual property owners must take legal advice on the extent of their own proprietorial interests.
§ Ann McKechinI should be grateful if my hon. and learned Friend could explain the basis for the requirement on the defence to lodge a notice of intention to discuss sexual histories in trials.
The Advocate-GeneralA new requirement was introduced by the Scottish Parliament in the Sexual Offences (Procedure and Evidence)(Scotland) Act 2002. As a result of that Act, a number of devolution issues have been intimated to me. I mentioned one of them in my answer a moment ago. As yet, there has been no authoritative determination of the point that was challenged. I undertake to keep my hon. Friend advised when there is such a decision.