§ 29. David CairnsTo ask the Advocate-General if she will make a statement about(a) the subject matter and (b) changes in the number of devolution cases taken to the Judicial Committee of the Privy Council since 1998. [32361]
The Advocate-GeneralSince May 1999, nine devolution issue cases have been taken to the Judicial Committee of the Privy Council. All nine cases have concerned points arising under the European Convention on Human Rights. Among the subject matters of the cases were section 172 of the Road Traffic Act 1988, prejudicial pre-trial publicity, assumptions under the Proceeds of Crime (Scotland) Act 1995 as to whether property was the proceeds of crime, fixed legal aid payments, the competence of section 1 of the Mental Health (Public Safety and Appeals) (Scotland) Act 1999, temporary sheriffs, and delay in criminal proceedings. The number of cases in each year was: in 2000, three cases; in 2001, five cases; and so far in 2002, one case.
§ 32. Mr. DalyellTo ask the Advocate-General what devolution issues have been raised in the last month under the Scotland Act 1998. [32364]
The Advocate-GeneralSince 1 January 2002, 19 devolution issue cases have been intimated to me. They have all raised points under article 6 of the European Convention of Human Rights which protects the right to a fair trial.