This item was published during the term of a previous administration that ended in April 2007
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MSPs to debate UK Supreme Court
18/01/2005
Proposals for a new Supreme Court that will replace the House of Lords as the highest court of appeal in the UK will be considered by the Scottish Parliament tomorrow.
Deputy Justice Minister Hugh Henry said:
"I believe a Supreme Court for the whole of the UK will bring greater coherence to the system of justice at the highest level, both north and south of the border.
"The current arrangements with the House of Lords can give rise to a perception that the same people are making law and interpreting it.
"The Law Lords accept that this is wrong in that they do not vote on legislation which they may later be called upon to interpret. However this is an unsatisfactory solution to the problem.
"We are not proposing any changes in the range of cases to be dealt with by the court. There is a long tradition of Scottish civil appeals cases going to the top UK court.
"There is no reason why these cases, along with potential devolution issues, should not go before a suitably organised Supreme Court.
"There is no evidence that the existing Scottish criminal appeal system needs to be supplemented by a further appeal route to the UK Supreme Court.
"This is the right move for Scotland's legal system and I hope that these moves will be broadly welcomed by the Parliament."
Lord Advocate Colin Boyd said:
"I welcome the creation of a Supreme Court for the United Kingdom.
"In a modern democracy the judiciary should be separate from the legislature and it is right that Judges who sometimes have to consider whether Acts passed by Parliament comply with the European Convention on Human Rights should not sit in Parliament."
In its official response to the Department of Constitutional Affairs consultation, the Executive made the following points:
- The Supreme Court should be the highest court of appeal for Scottish civil cases, taking over the current House of Lords' role. Significant areas of civil law cover both Scottish and English legal systems, and there is merit in consistent judicial opinions across all of the UK.
- The Supreme Court will continue to hear devolution issues arising from disputes concerning the Scotland Act 1998, for example relating to the ECHR issues and the reserved/devolved divide.
- The Court of Appeal in Edinburgh will continue to be the highest court for criminal appeals. Criminal law differs to a much greater extent between Scotland and England, and we see no arguments for this system to change