HC Deb 31 July 1956 vol 557 cc115-6W
100. Sir D. Robertson

asked the Secretary of State for Scotland if he is aware that, owing to the state of diligence in Caithness and Sutherland, these counties have become a sanctuary for defaulting debtors; and if he will remove this matter from consideration by further committees and state what action he is taking.

Mr. J. Stuart

While there are at present no resident sheriff officers in Caithness and Sutherland, I understand that diligence in these counties is being done by officers of court from Inverness. The problems connected with diligence are not confined to Caithness and Sutherland and, as indicated in a reply that I am giving today to my hon. and gallant Friend the Member for Edinburgh, West (Sir I. Clark Hutchison), I have therefore appointed a committee to undertake a complete review of the law on this subject.

Sir I. Clark Hutchison

asked the Secretary of State for Scotland whether, having regard to the views of the Royal Commission on Marriage and Divorce and to other representations, he will appoint a committee to review the law of diligence.

Mr. J. Stuart

Yes. My right hon. and learned Friend the Lord Advocate and I have decided that such a review is desirable, and I have appointed a committee to inquire into the operation of the present law and practice of diligence in Scotland and to make recommendations for its improvement, having regard,inter alia, to (1) the difficulties in remote areas, (2) the views expressed by the Royal Commission on Marriage and Divorce about machinery for enforcement of alimentary decrees of the Sheriff Court, and (3) the provisions of the Civil Imprisonment (Scotland) Act, 1882. Mr. Hector McKechnie, Q.C., L.L.D., Sheriff of Inverness, Moray, Nairn and Ross and Cromarty, has agreed to act as chairman and the other members are:

  • Professor John Boyd, M.A., L.L.B.,
  • Mr. A. L. Bushnell, B.L.,
  • Mr. W. Ramsay Gemmill, L.L.B.,
  • Miss C. G. Haldane.
  • Mr. A. Leslie Hay, M.A., L.L.B.,
  • Mr. P. Henderson,
  • Mr. N. Leitch,
  • Mr. T. Muirhead, B.L.

I am greatly indebted to the chairman and members of the committee for agreeing to serve.