Parliament Workbench
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Official Report · Committee

New Petitions

Right of Appeal (PE1214)

Tuesday 2 December 2008 Public Petitions Committee Petitions 13 contributions · 5 speakers

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The record

13 contributions
Frank McAveety Lab The Convener · Glasgow Shettleston
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The final new petition is PE1214, from Emiko Okoturo. The petition calls on the Parliament to urge the Government to take all necessary action to remove the requirement that an appellant must require two Scottish counsel to sign the appellant's petition before it can be presented to the appeals committee of the House of Lords, as that is contrary to article 6 of the European convention on human rights. Do members have any suggestions about how the committee should deal with the petition? Perhaps we can invite the Scottish Government to make representations to the UK Government to remove the requirement. That suggestion might be worth pursuing.

Robin Harper Green Lothians
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I am not sure whether that is the feeling of the committee.

Frank McAveety Lab The Convener · Glasgow Shettleston
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I am just expressing my view as convener. I am not guiding members in any way whatsoever.

Robin Harper Green Lothians
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I am not sure that we should put the Scottish Government in the position that was suggested because the requirement in question is not within the remit of the Scottish Parliament or the Scottish Government and any decision on it must be taken in another place. We should bear it in mind that a consultation was held on the rules for the new supreme court and that the issue in the petition was not brought up in that conversation. If we refer the issue to the Scottish Government, we should recognise that we may simply get the response: "We note the subject of the petition that you have referred to us." That might be all that the Government can do.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Can I ask a heretical question? I might get drummed out of the brownies for this one. The issue might not be within the remit of the Scottish Parliament, but the Secretary of State for Scotland might be able to raise the issue with the UK Government. Are we allowed to write to the secretary of state on the petition?

Fergus Cochrane Clerk
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There would be nothing to prevent the committee from writing to the Secretary of State for Scotland.

Frank McAveety Lab The Convener · Glasgow Shettleston
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We could draw the issue to his attention. We could say that it was raised in a petition that was presented to the Scottish Parliament's Public Petitions Committee, but that it concerns a matter that is for the UK Government to determine.

Fergus Cochrane Clerk
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Would the committee write directly to the Secretary of State for Scotland, or would it ask the Scottish Government to make representations to him?

John Wilson SNP Central Scotland
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I would be happy if we wrote to both the Secretary of State for Scotland and the Scottish Government to seek their views on the issue. In time, there may be new thinking on the right of appeal referred to in the petition and on how it is dealt with, particularly in the civil courts in Scotland. I suggest that we draw the petition to the attention of the Secretary of State for Scotland and the relevant department in the Scottish Government.

Frank McAveety Lab The Convener · Glasgow Shettleston
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Do we accept that recommendation?Members indicated agreement.

In this meeting

Everything on 2 Dec 2008 →
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  2. Petitions Process Inquiry Petitions · 28
  3. New Petitions Petitions · 41
  4. New Petitions Petitions · 42
  5. New Petitions Petitions · 36
  6. New Petitions Petitions · 4
  7. New Petitions Petitions · 13
  8. Current Petitions Petitions · 3
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  10. Current Petitions Petitions · 4
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  12. Current Petitions Petitions · 1
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  19. Current Petitions Petitions · 3
  20. Current Petitions Petitions · 1
  21. New Petitions (Notification) Petitions · 4

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