Proceeding contribution from David Mundell (Conservative) in the House of Commons on Thursday, 26 April 2012. It occurred during Debate on bill on Scotland Bill.
Scotland Bill
I thank my right hon. and learned Friend for his comments. The proposals that form part of these amendments were part of the legislative consent motion that went before the Scottish Parliament and received unanimous support of that Parliament. Indeed, they were not opposed or spoken against by any Member of the Scottish National party, including the First Minister. Lords amendment 20 would provide powers for compatibility issues to be referred to the High Court and the Supreme Court. That will enable such issues to be dealt with more quickly, where appropriate, which will be useful when a compatibility issue has implications for other cases. There are currently no time limits for appealing devolution issues in criminal proceedings to the Supreme Court. It is important that there is finality and certainty, especially for victims, in relation to criminal proceedings. Lords amendment 22 would impose time limits for seeking permission to appeal devolution issues from the High Court to the Supreme Court for devolution issues raised in Scottish criminal proceedings. The time limits are the same as those that will apply to compatibility issues. Lords amendment 23 makes provision for a review to be arranged by the Secretary of State of the new compatibility issue procedure and of the introduction of time limits for certain devolution issue appeals. The review is to be carried out as soon as practicable after the provisions have been in force for three years. The review may be carried out earlier if that is considered appropriate. It will be wide ranging and will look at all aspects of the provisions and consider whether changes should be made. The UK Government and the Scottish Government have agreed that the review will be chaired by the Lord Justice General. Lords amendments 24 and 25 make consequential amendments to clause 41.
Secondary information
- Type
- Proceeding contribution
- Reference
- 543 c1173
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- Devolved matters Appeals Corporation tax Crown lands and estates Devolution Antarctic Borrowing Block grant Health services Elections EU law Income tax Legislative competence Excise duties Insolvency Health professions Legislation Landfill tax Powers Lord Advocate Public finance Scotland Regulation Scottish Parliament Taxation Speed limits Tax rates and bands Supreme Court Scottish Executive Stamp duty land tax Advocate General for Scotland High Court Scottish Government Legislative consent motions
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- View this Proceeding contribution on www.publications.parliament.uk
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