This item was published during the term of a previous administration that ended in April 2007
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Response to consultation on supreme court
14/11/2003
The Executive today issued its response to the
Department for Constitutional Affairs consultation on
constitutional reforms, including the setting up of a UK
Supreme Court to replace the House of Lords sitting as an
appeal court.
Justice Minister Cathy Jamieson said:
The Executive welcomes the proposal for the setting up
of a UK Supreme Court as a means of ensuring that Scotlands
constitutional position is maintained. The Executive
believes that the creation of the UK Supreme Court would
respect the unique nature of the Scottish justice
system.
The Executive indicated its view in July that it saw no
case for departing from the long tradition of Scottish
civil appeal cases going from the Court of Session to the
House of Lords nor of supplementing the criminal appeal
system by a further route to the new UK Supreme Court.
In its response, the Executive agree that the right of
appeal to the House of Lords on civil matters has served
the Scottish justice system well. A tradition of high
quality and durable decisions has built up in a way which
has ensured valued and valuable consistency throughout the
UK. The Executive see no reason to upset the current
balance.
Equally, the Executive do not believe that there is any
need to modify current rights of appeal in relation to
criminal matters to give the new UK Supreme Court
jurisdiction in those respects simply for the sake of
consistency. There are considerable differences between
the systems of criminal law in Scotland and England and the
current system has served the Scottish justice system
well.
The view of the Executive is that in relation to
devolution issues under the Scotland Act, the UK Supreme
Court is the appropriate forum for final determination of
all such matters.
Ms Jamieson added
We pride ourselves in the fact that Scotlands justice
system is unique. But we also believe that Justice here is
best served by a strong Scottish system operating in
partnership within the UK. That is what the Executive will
be looking to achieve.
We do not see this consultation as a threat - rather as
an opportunity. Scotland is an integral part of the UK and
this is an important step in developing modern justice and
constitutional systems with the right arrangements for
Scotland's distinct laws and institutions. We believe a
Supreme Court for the whole of the UK will bring greater
coherence to the system both north and south of the
border.
Justice Minister Cathy Jamieson today answered a
parliamentary question on this issue. The full text of the
Executive's official response can be viewed at
www.scotland.gov.uk/00018515.