§ Mr. Pollockasked the Secretary of State for Scotland when he proposes to repeal the Administration of Justice (Emergency Provisions) (Scotland) Act 1979 now that court staff have returned to work.
§ Mr. YoungerThe Administration of Justice (Emergency Provisions) (Scotland) Act 1979 established an emergency period which commenced on 23 February and continues until terminated on a date to be prescribed by the Secretary of State by order made by statutory instrument. I have now made the order prescribing Monday 28 May as that date; in terms of section 1 of the Act, the Act will cease to be in force one month thereafter, that is at midnight on 28 June 1979.
2WIn reaching a decision on this date, full account has been taken of consultations with a wide range of interested parties. The interval between the return of court staff and the date of 28 May has had regard to the time it will take to identify the accumulated backlog of work and to reorganise court business to cope with the return to normal working on and after Monday 28 May. In a number of courts, however, including the supreme courts, the return to normal working should be achieved prior to that date and all witnesses, jurors and accused who have been instructed to attend at particular courts in advance of 28 May should go to the court concerned in accordance with the instructions which they have received.
I should like to emphasise that section 2 of the Act provides, in relation to legal proceedings, civil or criminal—including the institution of such proceedings—that action to comply with a time limit may be taken at any time which is not later than one month after the expiry of the emergency period, that is 28 May. The provisions of section 2 apply to the Court of Session, the High Court of Justiciary and sheriff courts whether or not any particular court has been able to operate fully, partially or not at all during the emergency period.
While I welcome the return of court staff to duty and the ending of the emergency legislation, it will be some time before the courts can regain the position which obtained prior to the industrial action and I am keeping in close touch with the situation.