HC Deb 28 October 2003 vol 412 cc149-50
15. Miss Anne McIntosh (Vale of York)

What devolution issues she has considered since 9 September. [133821]

16. Annabelle Ewing (Perth)

What devolution issues have been raised with her since 9 September. [133822]

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

Since 9 September, 66 devolution issues have been intimated to me. The majority related to criminal law matters such as delay in bringing cases to trial, confiscation action under the proceeds of crime legislation, and the scope of the offences of breach of the peace and shameless indecency. In the civil arena, there were devolution minutes concerning prison conditions at Barlinnie and a significant number on the regime for recovering fixed penalty traffic fines.

Miss McIntosh

Does the hon. and learned Lady agree that it would be in the public interest to make available to Lord Fraser the Wark Clements tapes on the true cost of the Scottish Parliament? What representations has she made or received in that regard and does she agree that it would be in the public interest to release that information, given that the Scottish Parliament paid for the making of those tapes?

The Advocate-General

I am sure that we are all very interested in the tapes. Fortunately, it is not my job to advise the BBC or the inquiry, but I shall certainly bring the hon. Lady's representations to the attention of the appropriate quarters.

Annabelle Ewing

None the less, can the Advocate-General say whether, given that broadcasting is reserved to Westminster, she is of the view that the BBC is acting in accordance with the Nolan principles of openness, honesty and leadership? Surely, she must agree that if it was it would make the evidence available forthwith.

The Advocate-General

It is a Scottish Executive inquiry and therefore not a matter for the UK Government. So far as the BBC's responsibilities are concerned, it has to be advised about contractual matters and any other matters that it thinks relevant. No doubt its legal advisers will take all such representations into account.

Mr. Ian Davidson (Glasgow, Pollok)

Has anyone raised with the Advocate-General the devolution implications of the fact that a majority of parties active in Scotland are in favour of a referendum on the European constitution?

The Advocate General

No.

Mr. George Foulkes (Carrick, Cumnock and Doon Valley)

Will the Advocate-General discuss with the Lord Advocate whether Lord Fraser might be given additional powers to require the BBC to give the Holyrood tapes to the inquiry, given that that is in the public interest?

The Advocate-General

I am sure that the Lord Advocate has sufficient lateral thinking ability to consider those matters himself.