Written Question · S2W-04125 · Session 2
Whether it will publish its response to the consultation by the Department for Constitutional Affairs on the proposals for the establishmen…
The question
To ask the Scottish Executive whether it will publish its response to the consultation by the Department for Constitutional Affairs on the proposals for the establishment of a supreme court and constitutional reforms.
The answer
The Scottish Executive todayissued its response to the consultation by the Department for ConstitutionalAffairs on constitutional reforms, including the setting up of a UK SupremeCourt to replace the House of Lords sitting as an appeal court.
The Executive welcomes theproposal for the setting up of a UK Supreme Court as a means of ensuring that Scotland’sconstitutional position is maintained. The Executive believe that the creationof the UK Supreme Court would respect the unique nature of the Scottish justicesystem.
The Executive indicated itsview in July that it saw no case for departing from the long tradition ofScottish civil appeal cases going from the Court of Session to the House ofLords nor of supplementing the criminal appeal system by a further route to thenew UK Supreme Court.
In its response, the Executive agree that the right of appeal to the House of Lords on civil mattershas served the Scottish justice system well. A tradition of high quality anddurable decisions has built up in a way which has ensured valued and valuableconsistency throughout the UK. The Executive see no reason to upset the currentbalance.
Equally, the Executive donot believe that there is any need to modify current rights of appeal inrelation to criminal matters to give the new UK Supreme Court jurisdiction inthose respects simply for the sake of consistency. There are considerabledifferences between the systems of criminal law in Scotland andEngland and the current system has served the Scottish justice system well.
The view of the Executive isthat in relation to devolution issues under the Scotland Act, the UK SupremeCourt is the appropriate forum for final determination of all such matters. The full text of the response is at www.scotland.gov.uk/00018515.
The Executive welcomes theproposal for the setting up of a UK Supreme Court as a means of ensuring that Scotland’sconstitutional position is maintained. The Executive believe that the creationof the UK Supreme Court would respect the unique nature of the Scottish justicesystem.
The Executive indicated itsview in July that it saw no case for departing from the long tradition ofScottish civil appeal cases going from the Court of Session to the House ofLords nor of supplementing the criminal appeal system by a further route to thenew UK Supreme Court.
In its response, the Executive agree that the right of appeal to the House of Lords on civil mattershas served the Scottish justice system well. A tradition of high quality anddurable decisions has built up in a way which has ensured valued and valuableconsistency throughout the UK. The Executive see no reason to upset the currentbalance.
Equally, the Executive donot believe that there is any need to modify current rights of appeal inrelation to criminal matters to give the new UK Supreme Court jurisdiction inthose respects simply for the sake of consistency. There are considerabledifferences between the systems of criminal law in Scotland andEngland and the current system has served the Scottish justice system well.
The view of the Executive isthat in relation to devolution issues under the Scotland Act, the UK SupremeCourt is the appropriate forum for final determination of all such matters. The full text of the response is at www.scotland.gov.uk/00018515.
In the Official Report
No contribution in the Official Report cites S2W-04125 by reference.