HC Deb 01 December 1977 vol 940 cc397-8W
Lord James Douglas-Hamilton

asked the Secretary of State for Scotland (1) whether he will publish the text of the report sent by the Lord President of the Court of Session and the Lord Justice-Clerk to Sheriff Peter Thomson on 23rd June 1977;

(2) whether he will publish the text of the report containing the judges' findings and their warning against similar activity in the future which was sent to Sheriff Peter Thomson in 1974.

Mr. Millan

I refer the hon. Member to my reply to my hon. Friend the Mem- ber for Glasgow, Pollok (Mr. White) on 30th November.—[Vol. 940, c.245–8.]

Lord James Douglas-Hamilton

asked the Secretary of State for Scotland, further to his reply of 25th November, whether the investigation into the conduct of Sheriff Thomson in 1974 was instituted by the Secretary of State for Scotland or by the Lord President of the Court of Session.

Mr. Millan

The investigation in 1974 was undertaken by the Lord President of the Court of Session and the Lord Justice Clerk of their own accord.

Lord James Douglas-Hamilton

asked the Secretary of State for Scotland, further to his reply of 25th November, when Sheriff Peter Thomson was invited to appear before the Lord President of the Court of Session and the Lord Justice-Clerk whether it was ever explained to him that he was, in effect, being invited to go through a form of trial under the Sheriff Courts (Scotland) Act 1971 and that he was subject to their jurisdiction.

Mr. Millan

The Lord President of the Court of Session, in writing to Sheriff Thomson, specifically stated that he and the Lord Justice Clerk had been requested by the Secretary of State to undertake an investigation into Sheriff Thomson's fitness for office under Section 12(1) of the Sheriff Courts (Scotland) Act 1971.