§ Annabelle EwingTo ask the Advocate-General if she co-operated with the Scottish Executive with respect to the development of her role under the Scotland Act 1998. [33403]
The Advocate-General[holding answer 4 February 2002]: There is good communication and co-operation between the Scottish Executive and the Government, including my office, both in the exchange of information the discussion of issues arising under the Scotland Act 1998.
§ Annabelle EwingTo ask the Advocate-General which UK Government departments she has consulted prior to making a determination as to whether her intervention in devolution issue cases before the Judicial Committee of the Privy Council is necessary. [33400]
The Advocate-General[holding answer 4 February 2002]: Prior to deciding whether or not to intervene in devolution issue cases before the Judicial Committee of the Privy Council, or another court, I consult any United Kingdom Government Department which I consider has an interest in the issue under consideration.
§ Annabelle EwingTo ask the Advocate-General according to which criteria she determines whether her intervention in devolution issue cases before the Judicial Committee of the Privy Council is necessary. [33399]
The Advocate-General[holding answer 4 February 2002]: In my answer of 25 January 2002, Official Report, column 1124W, on devolution I explained my approach to intervention in devolution issue cases. Where cases reach the Judicial Committee of the Privy Council, intervention may be particularly apt because that is the final authority.
§ Annabelle EwingTo ask the Advocate-General if she will break down by subject area the 1,300 devolution issue cases that have been intimated to her office since May 1999. [33397]
The Advocate-General[holding answer 4 February 2002]: The number of devolution minutes raising devolution issues intimated to me since May 1999 is 1,480. The figure of 1,375 is the number of devolution issue cases intimated and the reason for the difference is that sometimes a number of minutes relating to the same case are intimated to me. Approximately 85 per cent. of the devolution minutes involve claims of a breach of Article 6 of the European Convention on Human Rights, 1208W which concerns the right to a fair trial. These claims involve a range of different legal arguments of varying importance. Article 8, which concerns the right to respect for private and family life, is the next most commonly referred to Article with approximately 5 per cent. of the minutes intimated referring to it. The remainder cover a variety of different issues.
§ Annabelle EwingTo ask the Advocate-General which parties have a right of audience in devolution issue cases before the Judicial Committee of the Privy Council. [33401]
The Advocate-General[holding answer 4 February 2002]: The relevant rules relating to both appeals and references are found in Part II of the Judicial Committee (Devolution Issues) Rules Order 1999. In appeals and references from another court Law Officers have an additional right to enter appearance and become a party to proceedings before the Judicial Committee, even when they have not been a party to the original proceedings.
In references from other courts to the Judicial Committee any party to the proceedings in the court making the reference, including a Law Officer who is a party, may participate in the proceedings before the Judicial Committee by entering appearance. In appeals, parties to the original proceedings, including a Law Officer who is a party, have a right to appear before the Judicial Committee. Which of the Law Officers have this right depends on the circumstances as set out in the rules.
In addition, in references by a Law Officer under paragraph 34 of Schedule 6 to the Scotland Act 1998, any other Law Officer may enter appearance and become a respondent to the proceedings.
§ Annabelle EwingTo ask the Advocate-General with which UK Government Departments she co-operates with respect to the development of her role under the Scotland Act 1998. [33402]
The Advocate-General[holding answer 4 February 2002]: I co-operate closely with the other United Kingdom Law Officers and with other ministerial colleagues who are concerned with constitutional matters or with particular subject matters under consideration.
§ Annabelle EwingTo ask the Advocate-General in what special circumstances she would intervene in devolution issue cases as a UK Law Officer in fora other than the Judicial Committee of the Privy Council. [33420]
The Advocate-General[holding answer 4 February 2002]: In my answer of 25 January 2002, Official Report, column 1125W, on devolution, I explained my approach to intervention in devolution issue cases.
§ Annabelle EwingTo ask the Advocate-General on how many occasions she has met(a) the First Minister, (b) Scottish Executive Ministers, (c) the Lord Advocate, (d) the Solicitor-General for Scotland and (e) the Law Society of Scotland since 20 May 1999. [33396]
The Advocate-General[holding answer 4 February 2002]: Since May 1999 I have had regular meetings with the Lord Advocate and Solicitor General for Scotland and meetings with other Scottish Executive Ministers as appropriate. In addition, I also meet with representatives of the Law Society of Scotland.