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ADVOCATE-GENERAL
The Advocate-General was asked--
Human Rights Convention
17. Miss Anne McIntosh (Vale of York): What recent advice she has given on the introduction into Scots law of the European convention on human rights and its implications for practising (a) lawyers and (b) judges. [121890]
The Advocate-General for Scotland (Dr. Lynda Clark): I have had many meetings in different parts of Scotland and in London in which I have discussed the implications for Scots law of the European convention. As Advocate-General, I give legal advice on matters of human rights. I have also ensured that United Kingdom Department lawyers are aware of the effects on Scots Law of the introduction of convention rights. I regularly inform UK Departments about the implications of devolution issues that have been raised in Scotland.
Miss McIntosh: When the hon. and learned Lady and I were law students at our respective Scottish universities and European law was first introduced into Scots law, there was an obligatory European Community law course. Has she advised that a similar obligatory course should be introduced for all undergraduates, practising lawyers and sitting judges in Scotland?
The Advocate-General: It is not for me as Advocate-General, but for the Scottish Executive, to give such advice. It is also a matter of the organisation of universities and of the various training courses that they offer. I have, however, visited various Scottish universities, and I am pleased to advise that their students
are very well-informed about the European convention on human rights. It is a matter of great interest in the universities and, of course, elsewhere.
Mr. Dominic Grieve (Beaconsfield): The hon. and learned Lady takes a little refuge in the particular of not being able to reply to specific questions, but I am sure that she will agree that some of these matters are of general importance and have a United Kingdom-wide effect, as the Human Rights Act 1998 will apply in all parts of the United Kingdom. What action could she, please, take to ensure that hon. Members and the public are fully briefed on how the Government--for whom she speaks on the matter--understand the implications of implementation, so that Parliament itself can understand the problems that it will face?
The Advocate-General: If the hon. Gentleman would like me to provide a little human rights course for him and other hon. Members, I would be delighted to do so. I have made it perfectly clear that I am more than happy to meet individual hon. Members--or groups of hon. Members; however they wish--to discuss these matters. I also have regular meetings with Ministers and with the lawyers across Whitehall. I assure hon. Members that lawyers in Whitehall and in the wider community are very much aware of the convention's implications, and that action is being taken to ensure that lawyers are ready for the convention when it is in force in the United Kingdom.
18. Mr. Desmond Browne (Kilmarnock and Loudoun): What steps she is taking to anticipate the incorporation of the European convention on human rights into Scots law in October. [121892]
The Advocate-General for Scotland (Dr. Lynda Clarke): Since last year, I have spoken to many groups on those issues. As my hon. Friend will be aware, the Scottish Parliament and Scottish Ministers are already bound under the Scotland Act 1998 not to breach convention rights.
Mr. Browne: My hon. and learned Friend will be aware that the incorporation of the ECHR into Scots law in respect of the actions of the Scottish Executive and the Scottish Parliament has already given rise to a substantial number of applications to the court, including an important current case. What steps are being taken to ensure that the lessons learned in Scotland are disseminated among the Departments of the UK Government that still have responsibility for reserved matters for Scotland?
The Advocate-General: There have been approximately 650 devolution issues covering a range of subjects intimated to me as Advocate-General. As part of the procedures that I introduced, we have taken steps to ensure that UK Departments are well aware of the issues, the problems and some of the solutions available. I appeared last week in the current court case that my hon. Friend mentioned and I shall appear again tomorrow.
LORD CHANCELLOR'S DEPARTMENT
The Parliamentary Secretary was asked--
Licensing Justices
20. Mr. Nigel Waterson (Eastbourne): What discussions he has had with the Secretary of State for the Home Department regarding transferring the licensing justices' powers to local authorities. [121894]
The Parliamentary Secretary, Lord Chancellor's Department (Jane Kennedy): The Lord Chancellor's Department has been fully engaged at both official and ministerial level in discussions between Government Departments relating to all the proposals contained in the Home Offices's White Paper on modernisation of the licensing laws.
Mr. Waterson: I thank the Minister for that answer. Is she sticking up for magistrates in the interdepartmental warfare? Does she agree that there is real apprehension that decisions about licensing will be politicised, particularly when there is great pressure from chains of so-called superpubs? Does she agree that the magistrates and the police, working together, have unrivalled expertise in dealing with applications, not least in knowing the backgrounds of those who apply for licences, as well as the advisability from a public order point of view of granting applications?
Jane Kennedy: The proposals to transfer licensing to local authorities will ensure a more streamlined approach, uniting alcohol licensing with other aspects, such as public entertainment licensing, which are already the responsibility of local authorities. The lay magistracy will continue to have a significant role, with its jurisdiction to hear licensing matters that breach the criminal law and its role at the appeal stage.
Mr. Nick Hawkins (Surrey Heath): Does not the Minister recognise that many justices will feel that their powers are being eroded by the Government? Is there not a danger of corruption? After the Donnygate scandals involving her party, surely she is aware of the great concerns that transferring such powers to local authorities could lead to a serious risk of justice not being done or seen to be done. Is not that another case of the Government rushing ahead with change for change's sake? Would they not be better to say "If it aint broke, don't fix it"?
Jane Kennedy: The lay magistracy has done a very effective job in undertaking its licensing responsibilities. The proposal to transfer those responsibilities does not in any way reflect any criticism of their work. The lay magistracy will continue to perform important roles in hearing criminal cases involving breach of the law in such instances. It is disappointing to hear the hon. Gentleman once again attacking the role of local government in an important area in which locally elected and accountable councillors may properly undertake the role of issuing licences. The proposals in the White Paper should be welcomed. If hon. Members have views to express, we are always willing to listen to them.
Family Law
21. Mr. Simon Burns (West Chelmsford): What plans he has to make further reforms in the field of family law. [121895]
The Parliamentary Secretary, Lord Chancellor's Department (Jane Kennedy): The Government are pursuing a number of initiatives to reform and improve family law. In particular, we are further considering the issues surrounding the court process for contact proceedings where domestic violence is an issue and the extent to which we can improve compliance with child contact orders.
Mr. Burns: I am grateful to the Minister for that reply. With the advancement of equal rights for women in all walks of life, is it not an anomaly that, following the breakdown of a relationship, the law tends to discriminate against men by usually insisting on the children residing with the mother and time-limiting the father's access to them? Should not the law be changed to give fathers equal rights and equal time throughout the year to be with their children, in an era when we are seeking to enhance the equality of the sexes and their rights?
Jane Kennedy: I believe that the hon. Gentleman misunderstands the situation. The law does not prescribe that children should live with their mothers rather than their fathers after the breakdown of a marriage. Most divorced or separated couples make their own arrangements for their children. In some cases, it may be possible, and appropriate, for children to divide their time, exactly half and half, between their parents after a divorce. The courts can make joint residence orders if that is in the children's best interests. However, that is often not practical--it might, for example, disrupt the children's education and their social life. It would not be appropriate to require the courts to impose such an arrangement in every case.
Mr. David Kidney (Stafford): Am I right in thinking that those parts of the Family Law Act 1996 that have not been brought into force will now not be brought into force? If so, is it intended that new legislation will be put in place in due course to state the Government's support for marriage, and that it will include such measures as marriage preparation and marriage support?
Jane Kennedy: My hon. Friend is not accurate. Before implementing part II of the Family Law Act 1996, which is the main area of family law that has not been implemented, the Government must be satisfied that the new arrangements for divorce will work. The interim results of extensive pilots, testing information meetings, have been disappointing, particularly with regard to the number of people being encouraged to attend mediation. The final results of the research from the pilots will not be ready until summer of this year, when the Government will consider how to proceed.
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