§ The Lord Privy Seal (Lord Richard)My Lords, I beg to move the Motion standing in my name on the Order Paper. Perhaps I may take a few moments of the time of the House to explain why I am moving this Motion today. It has been agreed through the usual channels that the Criminal Procedure (Intermediate Diets) (Scotland) Bill should be taken through all its remaining stages tomorrow after the Second Reading debate on the Schools Standards and Framework Bill.
This emergency Bill is necessary because of recent judgments of the High Court of Justiciary in Scotland in the cases of Mackay and Milligan. The court has determined that, as a result of an irregularity in an earlier statute, a large number of summary prosecutions and previous convictions dating back to 1981 are now in question.
The Crown, indeed, has been forced to abandon over 70 cases, with many more in the pipeline. The reason is that the court's decision raises the possibility that persons convicted and sentenced at trial diets which were fixed in a procedurally invalid way could have their convictions and sentences quashed. Up to 1,000 current cases are likely to be affected and they could include sentences for violence, indecency, house breaking, drugs offences and other serious offences.
My noble and learned friend the Lord Advocate will tomorrow make the case more fully for the Bill. Perhaps I may assure the House that the Government would not seek to bring forward this legislation in this way unless there were serious implications for the criminal justice system in Scotland and for public confidence in that system.
Under those circumstances, I hope that the House will agree this Motion today. Any noble Lord who wishes to take part in the Second Reading debate tomorrow will be able to do so in the normal way, and, as is usual in your Lordships' House, under those circumstances should any noble Lord wish to table amendments to the Bill the Clerks will accept them this afternoon in advance of the Second Reading debate. I beg to move.
Moved, That Standing Order 44 (No two stages of a Bill to be taken on one day) be dispensed with to enable the Criminal Procedure (Intermediate Diets) (Scotland) Bill to be taken through all its remaining stages tomorrow.—(Lord Richard.)
§ On Question, Motion agreed to.