This item was published during the term of a previous administration that ended in April 2007
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Support for UK Supreme Court
28/01/2004
Justice Minister Cathy Jamieson today urged
Scotland's Parliament to back plans for a modern Supreme
Court.
The Department of Constitutional Affairs (DCA) has
consulted on proposals for constitutional reform, including
replacing the judicial role of the House of Lords with a
UK-wide Supreme Court.
Speaking ahead of an Executive inspired parliamentary
debate on the Supreme Court tomorrow, Ms Jamieson said:
"These are long overdue steps towards the modernisation
of the institutions of government. We see clear benefit in
the separation of the two roles of the House of Lords.
"It will increase confidence in the judicial process. It
will make the court system more transparent. It will avoid
the confusion which can arise in knowing what is meant when
we hear the name House of Lords. It will counter public
perception of a lack of adequate independence when the
House of Lords sits as a court. Judges will be judges -
first and last.
"The procedures for House of Lords appeals are
antiquated and outmoded. We, in one of Europe's most modern
Parliaments should not stand in the way of this reform.
Instead, we have the opportunity to be open, positive and
constructive in establishing a modern, forward looking
court.
"Here in Scotland we take a pride in our unique legal
system. It is of central importance in making devolution
work and making this Parliament effective. We all recognise
the importance of maintaining the distinctiveness and
independence of the Scottish legal system. Proposals for a
new independent Supreme Court do not mean Scots law is
under attack.
"We believe that the creation of a new Supreme Court
with the same jurisdiction as the current House of Lords is
the most efficient way forward in delivering this
modernisation process. Further, we believe that the court
strengthens the security of the Scottish constitutional
position.
"This Parliament was born from bold and radical
constitutional reform. Five years on let us ensure that
this chamber backs, rather than blocks, further necessary
change."
In its official response to the DCA Consultation, the
Executive made the following points:
1. 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.
2. The Supreme Court will continue to hear devolution
issues arising from disputes concerning the Scotland Act
1998, for example relating to the reserved/devolved
divide.
3. 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.