HL Deb 09 February 1971 vol 315 cc8-9

2.48 p.m.

THE EARL OF CROMARTIE

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government, in view of the fact that all undefended divorce cases in Scotland can only be tried in Edinburgh, what is the cost of these cases to the taxpayer in legal aid charges, and whether they will give the reason why these cases, which on average take 11½ minutes, cannot be tried in sheriff-substitute courts.]

BARONESS TWEEDSMUIR OF BELHELVIE

My Lords, it is not possible to differentiate between defended and undefended actions in assessing the cost of divorce proceedings to the Legal Aid (Scotland) Fund. The total cost of such proceedings to the Fund in 1969–70 was approximately £600,000, an amount which was partly offset by contributions made by assisted persons. The proposal that the sheriff court should have jurisdiction in divorce proceedings was carefully examined by the Committee on the Sheriff Courts but was rejected on the ground that, although there would be certain advantages of economy and convenience to litigants if the sheriff courts could dispose of divorce cases, the importance of such actions, whether defended or undefended, fully justified granting exclusive jurisdiction to the Supreme Court. The Government considers that the arguments set out in the Committee's Report are still valid in present circumstances.

THE EARL OF CROMARTIE

My Lords, while thanking the noble Baroness for that entirely unsatisfactory Answer, may I say that we admit that the present arrangement is of great advantage to junior advocates in Edinburgh? But does she really think it is fair on the public that they have to pay what is undoubtedly a large proportion of these expenses for something that could be equally well done in local sheriff courts, as it is done in equivalent county courts in England?

BARONESS TWEEDSMUIR OF BELHELVIE

My Lords, I understand that about five-sixths of the undefended divorce cases take place in the central belt of Scotland. For that reason it is not felt that any great hardship is imposed on litigants. And because often undefended cases afterwards become defended in questions of allocation of property or capital, we do not think we could depart from the Grant Committee's recommendation.

LORD OGMORE

My Lords, may I ask the noble Baroness what happens to a litigant outside the central belt—say somebody in Caithness?

BARONESS TWEEDSMUIR OF BELHELVIE

My Lords, I understand that 80 per cent. receive legal aid. I also understand that the largest number of divorce cases outside the central belt of Scotland occur for some reason in Aberdeen.