§ Lord Mackay of Drumadoonasked Her Majesty's Government:
- (a) What are the ministerial responsibilities of the Advocate General for Scotland; and
- (b) whether it is proposed that there should be any change in those responsibilities after 1 July 1999. [HL2918]
§ The Parliamentary Under-Secretary of State, Scottish Office (Lord Sewel)The responsibilities of the Advocate General for Scotland include:
- (a) giving advice as a Law Officer to the United Kingdom Government particularly on matters relevant to Scots law;
- (b) specific functions under the Scotland Act 1998 including the right to raise or participate in court proceedings regarding devolution issues;
- (c) representing the departments of the United Kingdom Government in court proceedings in Scotland in accordance with the Crown Suits (Scotland) Act 1857; and
- (d) certain specific functions as Law Officer, mainly relating to court proceedings.
At 1 July 1999 she will take Ministerial responsibility for the new Office of the Solicitor to the Advocate 104WA General for Scotland, which will advise United Kingdom government departments on matters related to Scots law. Certain of her specific statutory functions as Law Officer, which relate to devolved matters, will revert to the Lord Advocate at that date.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Whether the Advocate General for Scotland's duties as a Law Officer will include the duties, previously undertaken by the Lord Advocate and the Solicitor General for Scotland, of working with the Attorney General and the Solicitor General in the provision of legal advice to Ministers of the Crown on issues relating to: (a) domestic law (other than those confined solely to questions of English law), (b) the United Kingdom's international obligations, (c) the European Convention of Human Rights and (d) Community law created or arising by or under the Treaties of the European Union. [HL2919]
§ Lord SewelThe Advocate General for Scotland will advise jointly on these matters as the Lord Advocate and the Solicitor General for Scotland previously did.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Of which Cabinet Committees is the Advocate General for Scotland a member. [HL2920]
§ Lord SewelThe Advocate General for Scotland is a member of Legislation Committee, Queen's Speech and Future Legislation Committee, the Ministerial Committee on Devolution Policy, the Ministerial Sub-Committee on Incorporation of the European Convention on Human Rights and the Ministerial Sub-Committee on Freedom of Information.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
Whether the Advocate General for Scotland intends to establish a Legal Secretariat; and, if so, how it will be constituted and where it will be located. [HL2921]
§ Lord SewelWhen fully staffed, the Legal Secretariat will consist of the Legal Secretary to the Advocate General for Scotland, such other lawyers as required and supporting administrative staff. The Legal Secretariat is based, along with the Advocate General, at Dover House in London, and also has an office in Edinburgh, at present in St. Andrew's House.
§ Lord Mackay of Drumadoonasked Her Majesty's Government:
(a) What plans the Secretary of State for Scotland has to maintain a Solicitor's Office within his Department, (b) whether the lawyers employed in such office will have any role to play in the provision of legal advice and assistance to the Scottish Executive and the Scottish Parliament, and (c) whether the other members of staff employed in, and working with the lawyers attached to, his 105WA Solicitor's Office will have any additional role to play as support staff to lawyers who may be providing legal advice and assistance to the Scottish Executive or the Scottish Parliament. [HL2923]
§ Lord SewelThe Office of the Solicitor to the Advocate General for Scotland, which will be established on 1 July 1999, will be responsible to the Advocate General. It will provide legal services in relation to Scotland to most United Kingdom government departments, including that of the Secretary of State for Scotland, as well as supporting the Advocate General in her functions under the Scotland Act 1998. The office will be entirely separate from hat of the Solicitor to the Scottish Executive, although it will share certain support and library facilities.