§ 29. Ms SquireTo ask the Advocate-General if she will make a statement on her functions and responsibilities relating to devolution issues under the Scotland Act 1998. [101247]
The Advocate-General for ScotlandUnder the Scotland Act devolution issues are defined in Schedule 6. They relate to questions about the competence of Acts of the Scottish Parliament or things done by the Scottish Executive. For example they may be about compatibility with the Scotland Act itself, or with European Community Law or rights under the European Convention on Human Rights.
I have powers to bring or defend proceedings raising devolution issues in the Scottish Courts or the Judicial Committee of the Privy Council. If other people raise devolution issues in court proceedings in Scotland they must give notice to the Advocate-General.
The Advocate-General also, like the Lord Advocate and the Attorney-General, has the right to refer Bills of the Scottish Parliament, before they are finally enacted, to the Judicial Committee of the Privy Council so that they can decide whether a Bill or any provision of it is competent. The main provisions are set out in Section 32, 33 and 34 of the Scotland Act 1998.
§ 30. Mr. BrowneTo ask the Advocate-General on how many occasions devolution issues have been raised with her since her appointment; and what matters were covered. [101248]
The Advocate-General for ScotlandI have received over 200 notices of devolution issues. All have concerned alleged incompatibility with the European Convention on Human Rights.