§ 16. Annabelle Ewing (Perth)What devolution issues have been raised with her since 24 June. [128458]
§ The Advocate-General for Scotland (Dr. Lynda Clark)Since 24 June, 93 devolution issues have been intimated to me. All but three related to criminal matters involving human rights claims, and the majority concerned delay in bringing criminal proceedings to trial. Other issues included challenges to the fixing of punishment part sentences for life prisoners under the Convention Rights (Compliance) (Scotland) Act 2001, confiscation of assets, and a challenge to a prison governor's refusal to provide a word processor to an inmate for the preparation of an appeal.
§ Annabelle EwingI imagine that one of the devolution issues winging its way towards the hon. and learned Lady is the growing outcry in Scotland about the shameful Westminster practice of locking up the 157 children of asylum seekers in Dungavel. Has the Advocate-General had recent contact with the Scottish Executive about the extent of their devolution powers, on the basis that health, education and social welfare issues are devolved? What is the statutory authority in Scotland for the exclusion of those children from mainstream education?
The Advocate-GeneralFirst, the Government introduced the European convention on human rights into our law. That provides a basis for domestic challenge.
On things winging their way towards me, I shall wait with bated breath until they land on my desk. If and when that happens, I shall consider any devolution issue in detail, as I always do. The constitutional settlement is clear: asylum is a reserved matter and education is generally devolved.
§ Mr. Alex Salmond (Banff and Buchan)Generally?
The Advocate-GeneralGenerally. If I receive a relevant devolution matter of the sort that the hon. Lady suggested, I will scrutinise it carefully and bear her comments in mind.