This item was published during the term of a previous administration that ended in April 2007
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Creation of Supreme Court
20/06/2003
The establishment of a Supreme Court, as announced by the Prime Minister last week, was tonight welcomed by Colin Boyd QC, the Lord Advocate and Senior Law Officer for Scotland.
Addressing members of the Faculty of Advocates and guests at a reception in Edinburgh Castle this evening, he said:
"It has always been difficult, in constitutional terms, to defend a situation in which the members of the highest court in the land were also a part of the legislature, with full speaking and voting rights. Naturally, the judges exercised a great deal of discretion in what they said but, particularly now that the Human Rights Act is in force, it is right that they should be formally separated from Parliament.
"I also welcome that fact that the judges are to be appointed on the recommendation of an independent Judicial Appointments Board. In modern times it is right that appointments to judicial office should be seen as independent, impartial and transparent. That is not to question the independence or impartiality of the judiciary. But it does help secure in a modern constitution the separation of the judiciary from the executive and legislature. In Scotland we have had a Judicial Appointment Board operating for just over a year. I believe our new arrangements command the respect of Parliament and the public and could provide a model for others to follow.
"The supreme court will also be a Scottish court too. Civil appeals from Scotland have been going to the Appellate Committee of the House of Lords since not long after the abolition of the old Scots Parliament. Since the creation of the new Scots Parliament, in 1999, we have also become accustomed to devolution issues in criminal cases going to the Judicial Committee of the Privy Council. I think there is an issue as to whether or not these cases should now go to the new Supreme Court and we will want to consider the case for change carefully.
"There are many points of detail which will require to be considered and dealt with. I have no doubt that Scottish Ministers will be fully consulted and that proper arrangements will be made to secure Scottish representation on the court. For the present, I am delighted to welcome the Government's announcement. It promises to produce a more coherent and rational structure for the supreme court of the United Kingdom. It will secure that the judiciary is separated from the legislature in fact as well as in principle."
The Lord Advocate will meet on Thursday 26 June with Lord Falconer, Secretary of State for Constitutional Affairs who announced on 19 June the consultation to consider views on the creation of a Supreme Court to replace the Appellate Committee of the House of Lords.
The Faculty of Advocates reception is to mark the start of their biennial conference with Bar Leaders from the United Kingdom, Europe, the United States and the Commonwealth.