Justice 1 Committee, 21 Sep 2005
Meeting date: Wednesday, September 21, 2005
Official Report
192KB pdf
Petitions
Legal Profession (Regulation) (PE763)
Agenda item 2 is consideration of petition PE763, on the regulation of the legal profession. I refer to the clerk's note, which sets out the position with respect to the Executive's consultation on the regulation of the legal profession and the United Kingdom Government's plan to introduce a white paper on the subject.
It is expected that legislation will be introduced in the Parliament before the end of the session and that the Justice 2 Committee will deal with it. Therefore, it seems appropriate to refer the petition to the Justice 2 Committee. Do members agree?
Members indicated agreement.
Carbeth Hutters (PE14)
Agenda item 3 is consideration of issues relating to closed petition PE14 on security of tenure. Again, I refer members to a note that the clerk has prepared, which includes recent correspondence from the Deputy Minister for Justice. The Deputy Minister for Justice has reiterated his view that the Executive sees
"no prospect of a legislative solution"
to the matter. The suggestion is that the hutters should test the application of the Land Registration (Scotland) Act 1979 through the Lands Tribunal for Scotland.
The petition has been around for some time. Although members of the committee have changed, when the petition was dealt with initially the committee felt strongly that a way should be found of legislating to protect hutters. We have considered various aspects of the law and even appointed an adviser to look into the matter for us, who suggested that we should consider the operation of the 1979 act. The Executive has said in its correspondence that testing the matter in court is the only avenue that it can see that is open to hutters.
Before I invite comments, I draw members' attention to the positive news from Carbeth and Rascarrel bay. The latter case is progressing through the Lands Tribunal for Scotland under the 1979 act. Other people—for whom I do not think there is any solution—have written to us on the matter.
The petition was submitted some time ago and, if members plan to take further action, they will need to say what they propose should be done. If they do not, I invite the committee to close work on the subject. We must decide one way or the other.
The committee has bent over backwards in considering possible ways to resolve the matter, but it is clear that the issue is for the Lands Tribunal for Scotland to consider. In the circumstances, we should move back, close matters and let the litigation proceed.
No other member has any comments to make. Therefore, I take it that members agree that we cannot take any further action in relation to the petition.
Before I close the meeting, I remind members that there will be an informal meeting in room 1.03 of Queensberry House to discuss rights of access, particularly for fathers.
Meeting closed at 11:29.