HC Deb 29 June 2004 vol 423 cc142-3
15. Ann McKechin (Glasgow, Maryhill) (Lab)

What devolution issues she has considered since 25 May. [180244]

16. Miss Anne McIntosh (Vale of York) (Con)

What devolution issues she has considered since 25 May. [180245]

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

Since 25 May, 48 devolution issues have been intimated to me. Thirty-six of those related to criminal matters, including pre-trial delay, self-incrimination under the Road Traffic Act 1988, regulatory fisheries offences and evidential issues. In the civil sphere, 12 issues were intimated, 11 of which related to actions for damages or judicial review in respect of prison conditions, while the last concerned a challenge to the discretion of the procurator fiscal.

Ann McKechin

May I ask my hon. and learned Friend whether she has had any discussions with the new Children's Commissioner for Scotland, Dr. Kathleen Marshall, who was referred to earlier today, in connection with the concerns that she has expressed about human rights issues arising from the new antisocial behaviour legislation that has recently passed through the Scottish Parliament? If she has not had any such discussions, does she intend to meet her later this summer?

The Advocate-General for Scotland

To date, I have had no discussions with the commissioner. The matters that my hon. Friend raises relate to policy, which would usually be discussed with policy Ministers, not with me. Obviously, were there any legal issues to be addressed, that might be a different matter.

Miss McIntosh

Has the hon. and learned Lady's advice been sought, however, on the positioning and the legal situation as regards the construction of wind farms in international shipping lanes in Scotland? In the event of a wind farm being built and a fisherman colliding with it, who would be responsible for that collision?

The Advocate-General for Scotland

The hon. Lady knows full well that I cannot tell the House whether my advice has been sought.

Mr. Eric Forth (Bromley and Chislehurst) (Con)

Not again.

The Advocate-General for Scotland

I am afraid so. I am happy to discuss privately with the hon. Lady general issues relating to the statutory structure, if that would be of assistance to her.

Mr. George Foulkes (Carrick, Cumnock and Doon Valley) (Lab/Co-op)

May I congratulate the Advocate-General on the splendid job that she is doing? She will be a very difficult act to follow. Will she also pass on my congratulations to the Lord Advocate on the great improvement that there has been in the Scottish Procurator Fiscal Service? Can she also tell him that if he needs any heavyweight support, I will be free after the next election?

The Advocate-General for Scotland

I can only say that those kind words were entirely unsolicited. I shall be more than happy to pass on my right hon. Friend's good wishes and thanks to the Lord Advocate.

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