PE1257, from Mark Hutchison, calls on the Parliament to urge the Government to take measures to ensure that solicitors acting as court reporters who knowingly supply false information to a sheriff are not immune from prosecution and that their reports are amended to correct any inaccuracies before the court makes a decision. The committee has considered the petition previously. I invite members to indicate what they wish to do with the petition.
Official Report · Committee
Current Petitions
Court Reporters (PE1257)
Speakers
Choose an MSP to read only their contributions- Frank McAveety Lab 3
- Anne McLaughlin SNP 2
- Bill Butler Lab 1
- John Wilson SNP 1
- Nigel Don SNP 1
The record
8 contributionsImprobably, I confess that I have considerable sympathy for the petitioner’s point of view. His last letter suggests that the petition is born of unsatisfactory personal experience. The question is, how do we address the rare occasions when people act in a way in which they should not? All the replies that I have read have glossed over that issue and assumed that a court reporter will automatically act in the best interests of everyone concerned and could not be maliciously motivated. I do not believe that court reporters are often so motivated, but that may happen occasionally, because we are all human. Clearly, the petitioner thinks that it has happened, but no one seems to want to address that issue.As is often the case, I am not quite sure what else we can do, other than invite the people to whom we have already written to consider the issue that the petitioner raises. If someone is not doing their job properly and the presumed professionalism is not there, what mechanisms exist or, more particularly, should exist to pick that up?
When we visited Govanhill—
That is the next petition.
In that case, I have nothing to say.15:30
I agree with Nigel Don. In a letter dated 27 November 2009, the Government referred to paragraphs 109 to 112 of the Gill report—the Scottish civil courts review. We could ask the Government what bearing that has on the petition and how the outcome of the review will address specifically the points that the petitioner has made. I am rather at a loss to see that, so we could get the Government to clarify the matter. I agree with Nigel Don that we should continue the petition.
I agree with Bill Butler and Nigel Don that we need to continue the petition. Importantly, the petitioner has raised the issue of how court reports can be amended to reflect accurately the views that have been expressed. We should seek to establish what procedure is available to anyone who thinks that they have been misrepresented and that the report does not accurately reflect the issues that have been discussed or the case as presented. We should also seek to resolve the issue that Bill Butler raised in relation to the Gill report. I ask the committee to support my view that we need to clarify how an inaccurate report can be amended.
We will continue the petition and pursue the issues that members have raised.
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