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Chamber and committees

Public Petitions Committee, 22 Mar 2006

Meeting date: Wednesday, March 22, 2006


Contents


Proposed Petition

The Convener:

The committee is invited to consider the admissibility of a proposed petition from James Duff, which relates to an alleged failure to comply with the Bankruptcy (Scotland) Act 1913. A copy of the proposed petition was circulated to members. The clerks do all that they can do to help petitioners to bring petitions in a way that allows the committee to consider them. However, in the case that we are discussing, the petitioner insists that only his wording would be acceptable, which means that the committee would be asked to consider his specific case and only that case. The Public Petitions Committee does not have the remit to do that. We must decide whether the proposed petition is inadmissible.

John Scott:

I know that the clerks are helpful in trying to ensure that people's petitions are relevant to the national picture. However, if the petitioner is determined that his petition should consider only his legal case, then obviously it is not a matter for the committee. That might be regrettable but, if there is no national or regional issue at stake, we cannot address the petition.

Yes. If the petitioner asked us to consider the relevant legislation, we could do so. However, he is asking us to examine the judge's decision.

Rosie Kane:

I know that the petitioner will have had that fully explained to him and that he will know that we have to say what we are saying today. Therefore, I assume that it was important to him that his words should be a matter of record. I can only assume that that is his angle.

That is possibly the case. However, it does not help us that the petitioner will not allow the petition to be amended to enable us to address it.

Helen Eadie:

I agree with John Scott that it is vital to get the fact over to the public that our committee clerks are extremely helpful and that, if the advice of the clerks is not listened to, our hands are tied. Perhaps the clerks could say to the petitioner that, having heard the views of the committee, he now has the right to submit a petition on a more general issue.

Do members agree to rule the petition inadmissible?

Members indicated agreement.