Subordinate Legislation Committee, 01 Feb 2000

Meeting date: Tuesday, February 1, 2000

Official Report 76KB pdf

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Small Claims (Scotland) Amendment Order 2000 (SSI 2000/Draft)

We will now move on to consideration of draft affirmative instruments. The Law Society of Scotland has raised various points with me and perhaps with other members regarding this instrument. It appears, however, that those points relate to matters of policy rather than matters in which the committee has jurisdiction. In such cases, despite the fact that I am a member of the Law Society of Scotland, there is nothing that I or the committee can do that would be of assistance to the society.

It is worth saying that the changes that have been made to the financial limits included in the instrument are substantial and have been a long time in coming. Perhaps reviews of such instruments should take place more regularly. I mention that particularly with regard to the fact that those limits have recently been out of step with the limits that apply in England and Wales. Such differences are unhelpful.

I agree fully—that point is well made. I have already made representations on that to colleagues on the Justice and Home Affairs Committee.

The order includes an increase to the maximum sum that can be claimed as a small claim. The previous order dates from 1988 and the Debtors (Scotland) Act 1987 was enacted contemporaneously with that order. Many limits that are included in that act are analogous with the limits in the small claims order we are discussing, to which changes are being made. I say that specifically in relation to poinding and warrant sales. If the limits in the order are being reviewed, it seems odd that the financial limits in an act that was passed at the same time should not also be reviewed.

Some of Fergus Ewing's comments might be relevant, but they relate more to issues of policy and, as such, are not for this committee to deal with.

The committee has received an eight-page brief from the Law Society of Scotland about witness lists, rights of appeal and various other matters. The issue is a matter of policy for the Scottish courts administration and the Justice and Home Affairs Committee. It would be difficult—with the best will in the world—to find a means whereby this committee could prise the issue open. That will, no doubt, be flagged up by the Law Society in the Justice and Home Affairs Committee.