HL Deb 26 March 1996 vol 570 cc1647-50

7.55 p.m.

The Earl of Courtown rose to move, That the draft order laid before the House on 8th March be approved [13th Report from the Joint Committee].

The noble Earl said: My Lords, the draft order which we are considering today proposes very minor changes to the boundaries of two Scottish sheriffdoms. The changes result from local government reorganisation in Scotland which takes effect on 1st April 1996. If approved, the order will have the effect of revoking the Sheriffdoms Reorganisation Order 1974.

The 1974 order, set up six sheriffdoms in Scotland containing 50 Sheriff Court districts. This was subsequently reduced to 49 districts with the closure of Nairn Sheriff Court in 1977. Its business was transferred to neighbouring courts. As a matter of policy, Sheriff Court district boundaries have generally followed local authority boundaries. But the introduction of the new unitary authorities in April has made it necessary to re-define the boundaries of sheriffdoms.

As a result, officials of the Scottish Courts Administration prepared proposals for possible changes. The three main criteria which they took into account were, first, that any change to sheriffdom or Sheriff Court district boundaries would not increase inconvenience to court users; indeed, the objective was to reduce inconvenience wherever possible. Secondly, any boundary changes should keep any increase in waiting periods to a minimum and not put courts in a position where they would be unable to meet the performance targets set for them by Sheriffs Principal. Thirdly, the boundaries of Sheriffdoms and Sheriff Court districts should cross as few of the new local authority boundaries as possible.

Following this review by officials and in keeping with the policies of the Government, a consultation exercise was undertaken and those with an interest in the operation of the Sheriff Courts were asked to submit views. The consultation exercise was carried out in order to help inform decisions. The Government were anxious to hear from court users before coming to any opinion on the matters to be included in the order which we are discussing today.

Responses to the consultation process were mixed. Some supported the idea of a change to bring sheriffdom and Sheriff Court boundaries fully into line with the new local authority boundaries. But serious concerns were expressed about the possibilities of increased delays in the courts. Concerns were also expressed about the pressure on courts outside Glasgow in the central belt of Scotland, which would be taking on business transferred from that area.

The Government have carefully considered all the views which were submitted. Their conclusion is that the time is not right to propose anything other than minor adjustment to sheriffdom boundaries. There are some serious issues about court provision and accommodation in some parts of the country which will require to be addressed in the future and in due course the Government may wish to bring further proposals before the House for approval. For the present, however, the belief is that the interests of court users are best addressed by making as few changes as necessary in the short term.

I turn now to the specific proposals in the order. First, it is proposed that the jurisdiction of the Sheriffdom of Glasgow and Strathkelvin and the Sheriffdom of South Strathclyde, Dumfries and Galloway should be altered so as to transfer the area around Chryston from Glasgow to Airdrie Sheriff Court. Under local government reorganisation, the area of Chryston becomes part of North Lanarkshire and falls within the Sheriffdom of South Strathclyde, Dumfries and Galloway. There were no objections to this proposal from those who were consulted.

Apart from this change affecting those two sheriffdoms, it is proposed that the boundaries of the other four sheriffdoms should remain as they are. The consultation paper also invited views on possible changes to the names of the sheriffdoms in line with the changes in local authority names. There was no consensus for change, however, and the order proposes retention of the present names.

To sum up, the order which is before your Lordships today proposes only very minor changes to the boundaries of the Sheriffdom of Glasgow and Strathkelvin and the Sheriffdom of South Strathclyde, Dumfries and Galloway, respectively. The proposals will not cause inconvenience to court users and the Government are satisfied that the court authorities will cope with the changes in an effective manner. I commend the order for approval.

Moved, That the draft order laid before the House on 8th March be approved [13th Report from the Joint Committee].—(The Earl of Courtown.)

8 p.m.

Lord Dubs

My Lords, I welcome the fact that there has been consultation on the proposal. It is obviously a good thing that there is consent for the proposed changes. However, perhaps I may raise a point which I hope is close enough to the terms of the order for me not to be bowling a googly at the Minister, as it were. I understand that at the moment there are nearly 200 temporary sheriffs in Scotland. I am concerned about the problems posed by people who do not have a permanent post or long-term links with the locality, given that the order has made minor changes only and given that the Minister talked about continuity and the avoidance of disruption to court procedures. I wonder whether something could be done, given that that large number of temporary sheriffs does not represent continuity. That seems to me to be a somewhat less than happy position.

Judging from the noble Earl's face, that point was not covered in his briefing papers, so I must apologise for raising it, but the point has been put to me in connection with the workings of the sheriff courts in Scotland. If I may repeat myself a little, given that the Minister was concerned about continuity and that the changes should not cause disruption, I wonder whether this other factor about the workings of the sheriff courts in Scotland will provide less than continuity. I merely raise that point while welcoming the fact that there has been consultation about the order.

The Earl of Courtown

My Lords, I thank the noble Lord for his contribution and for his support for the order. I am told that temporary sheriffs are used to provide cover for permanent sheriffs mainly when the permanent sheriffs are not available to act themselves. They are used purely on a temporary basis. I too am pleased that there was consultation and that the Government took note of what was said. I thank the noble Lord for his contribution and commend the order to the House.

On Question, Motion agreed to.

Baroness Trumpington

My Lords, I beg to move that the House do now adjourn during pleasure until 8.25 p.m.

Moved accordingly, and, on Question, Motion agreed to.

[The Sitting was suspended from 8.2 to 8.25 p.m.]