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Proceeding contribution from Earl Cathcart (Conservative) in the House of Lords on Tuesday, 20 November 2007. It occurred during Debates on delegated legislation on Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007.


Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007

I thank the Minister for introducing the order, which of course applies only to Scotland. The Scottish Parliament has made quite a name for itself for promoting innovation, and this is one innovation where it is good to think that Westminster can be of some assistance. The subject of the Road Traffic Offenders Act 1988 was one of the many areas of road transport that was not devolved to Scotland, and as such it is an important part of ensuring that drivers in the United Kingdom know that they will always be subject to the same criteria of regulation, wherever they are. The problem arises that when they contravene the regulations in Scotland they will be subject to Scottish laws. There is a proposal that the sanctions for various driving offences, for example speeding, may be dramatically increased, so there may be many more cases where the courts will have to apply obligatory endorsement of driving licences. Without today’s order, this would have required the case to be taken in a sheriff court, which would cause even more delay than is experienced in these courts already. The innovation of allowing for new JP courts to be empowered to deal with these cases, as envisaged by the Scottish Parliament, seems a useful solution, and as such we on these Benches support this measure. One possible curiosity in this measure is that Article 2(2) must be one of the first times that the powers in the Scotland Act have been used by Westminster to amend an Act of the Scottish Parliament. Perhaps the Minister can enlighten us on that.


Secondary information

Type
Proceeding contribution
Reference
696 c25GC 
Session
2007-08
Chamber / Committee
House of Lords Grand Committee
Subjects
Criminal proceedings Recruitment Magistrates' courts Magistrates Scotland Training Road traffic offences
Legislation
Scotland Act 1998
Criminal Proceedings etc (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007
Link
View this Proceeding contribution on www.publications.parliament.uk