§ 13. Miss Anne McIntosh (Vale of York) (Con)What devolution issues she has considered since 27 April. [174440]
§ 14. Annabelle Ewing (Perth) (SNP)What devolution issues have been raised since 27 April. [174441]
§ 15. Mr. Alan Reid (Argyll and Bute) (LD)What devolution issues have been raised with her since 27 April. [174442]
§ The Advocate-General for Scotland (Dr. Lynda Clark)Since 27 April, there have been 37 devolution issues intimated to me. Twenty-four of those related to criminal matters, including pre-trial delay, self-incrimination under the Road Traffic Act 1988, regulatory fisheries offences and the use of sexual history evidence in trials. In the civil sphere, 13 devolution issues were intimated concerning sequestration, appeals to the parking appeals service and a planning decision, with the remainder relating to prison conditions.
§ Miss McIntoshI am most grateful for that reply. Has the Advocate-General been asked to give her opinion on devolved and reserved matters under the Energy Bill, particularly those matters to be decided jointly between the Secretary of State for Scotland and the Secretary of State for Trade and Industry? In those circumstances, who will have the last word, and will those decisions be justiciable?
The Advocate-GeneralObviously, I am not able to advise on what opinions I gave or what I advised. As to the general statutory structure, the hon. Lady is aware that both devolved and reserved matters are covered. Each decision will have to be determined on the basis of the particular circumstances, bearing in mind the specific statutory structures.
§ Annabelle EwingAs Scotland's senior Law Officer at Westminster, what representations does the Advocate-General plan to make to the UK Home Secretary further to the calls last week by the church and nation committee of the General Assembly of the Church of Scotland to close the family unit at Dungavel?
The Advocate-GeneralAs the hon. Lady recognises, what happens at Dungavel is a reserved matter and the policy issues are not for me to deal with, but for the responsible Ministers at the Home Office. Home Office Ministers are aware of the General Assembly's criticisms and will doubtless take them into account.
§ Mr. Alan ReidBecause of the Financial Services Act 1986, post office staff are told that they must not advise pensioners whether or not to take up a Post Office card account. However, the Government's own customer conversion centres show no such restraint as they bully and badger pensioners into taking their custom away from the Post Office. Will the Advocate-General look into the script used by the customer conversion centres to check whether they are acting legally under the terms of that Act?
The Advocate-GeneralI am more than happy to look into that specific issue. In general terms, however, the hon. Gentleman will be aware that it is not appropriate to give individual members of the public financial advice. That is not a matter for counter staff, but they can advise on how, procedurally, various accounts can be opened.
§ Ann McKechin (Glasgow, Maryhill) (Lab)My hon. and learned Friend will be aware that I raised concerns with her last month about the decision taken on the practice of slopping out in Scottish prisons. I understand that the particular case to which I referred is 1430 now the subject of an appeal. Can she confirm whether there are any other such cases pending in Scotland? Does she share my concern that, now that the practice has been abolished in prisons in England, all parties should work to eradicate this inhumane practice at the earliest opportunity in Scotland?
The Advocate-GeneralMy hon. Friend is correct in saying that those representing the Scottish Executive have appealed the Napier case. I can also confirm that a number of new cases have been intimated to me as devolution issues. So far, they are small in number and will be dealt with in the usual way. I have not intervened in any of the new cases to date. On the general issue, my hon. Friend rightly recognised that the practice was abolished in England and the Scottish Executive have indicated that they are working towards reform in Scotland.